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of modern challenges. First of all, equating investor-State arbitration with depoliticisation of investment disputes …, leaving the dispute otherwise unchanged. Secondly, one critique of investment arbitration questions its adequacy for resolving …
Persistent link: https://www.econbiz.de/10013135618
The mechanism of Investor-State Dispute Settlement (ISDS) allows private foreign investors to challenge government measures before an ad hoc international arbitral tribunal. ISDS has been in existence for a long time. Yet recently this mechanism has proven very controversial, notably in the...
Persistent link: https://www.econbiz.de/10013015517
compensation - is far from clear. Furthermore, procedural matters, such as decisions regarding the place of arbitration or the …
Persistent link: https://www.econbiz.de/10012722319
In the investment arbitration Philip Morris v. Uruguay the arbitral tribunal rejected Philip Morris' claim that Uruguay … (IP). The article explores the concept of ‘public policy' and how IP law, WTO law as well as international investment law …, i.e. the legal regimes relevant to IP-related investment arbitration, deal with public policy considerations. The …
Persistent link: https://www.econbiz.de/10012897777
Die Verhandlungen zwischen den USA und der EU über das Transatlantische Freihandels- und Investitionsabkommen (TTIP) sind in den letzten Monaten in das öffentliche Interesse gerückt. Umstritten ist vor allem das vorgesehene Investitionskapitel, das neben der Investitionsliberalisierung...
Persistent link: https://www.econbiz.de/10011693664
The recent surge in competition between state and private firms in global markets calls for a reflection on how to minimise any potentially distortionary effects on international trade and investment created by state enterprises while at the same time restraining any undue protectionist policy...
Persistent link: https://www.econbiz.de/10011403604
investment treaty arbitration to cover a wide range of sovereign investments, host governments might have to revisit key …
Persistent link: https://www.econbiz.de/10013106999
In 2016 and 2017, states continued their engagement with international investment law. A small minority of states displayed scepticism or tried to disengage themselves from their investment law obligations. This chapter addresses select institutional developments in international investment law...
Persistent link: https://www.econbiz.de/10012841950
-State arbitration in the agreements concluded by the EU. Section 1 describes the EU law having an impact on investment activities …
Persistent link: https://www.econbiz.de/10012723857
This article begins by presenting some recent statistical data on rule of law, investment, and corruption in Venezuela. It focuses afterwards on analysing the 2014 Venezuelan Anti-Corruption Law, and it develops various arguments that may lead to question this Law ́s real objectives from an...
Persistent link: https://www.econbiz.de/10012953578