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texts as a routine matter as a matter of law. Nevertheless, routine comparison of authentic texts would be good practice in …
Persistent link: https://www.econbiz.de/10014195198
inconsistent and generally not analytically robust. By comparison, WTO tribunals have developed relatively sophisticated methods …
Persistent link: https://www.econbiz.de/10014165035
The UK has made major contributions to the development of investor-state dispute settlement from 1920-2020. This essay shows that the UK contributed in three ways (1) law-making, both before and after the launch of its investment treaty programme in the early 1970s; (2) dispute settlement –...
Persistent link: https://www.econbiz.de/10013293068
Since May 2016, the United States of America has been vetoing the selection of the members of the WTO Appellate Body, alleging procedural and substantive criticisms on the activity of the Standing Tribunal. Consequently, at midnight of 10 December 2019 the World Trade Court ceased to be...
Persistent link: https://www.econbiz.de/10014241640
Taking into account the authoritative nature of decisions of the ECHR, the latter could become an additional instrument in the argumentation toolkit for both, the investors and the host states. As it can be observed from the emergence of scholarly discussions on the topic, principles of the ECHR...
Persistent link: https://www.econbiz.de/10013088950
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
arbitri recently underwent changes, a comparison is made between the former and current legislation. It can be concluded that …
Persistent link: https://www.econbiz.de/10013013907
The paper provides an analysis of the EU's emerging approach to Investor-State Dispute Settlement (ISDS), drawing on documents of the main EU actors (Commission, European Parliament, Council) as well as draft negotiated texts and negotiating directives. It situates the EU's debates in the...
Persistent link: https://www.econbiz.de/10013058023
This article reflects on the suitability of including non-legal arbitrators in certain investment arbitrations. It presents different mechanisms that have been used in the investment arbitration context to aid legal arbitrators with scientific-technical issues and contemplates the drawbacks of...
Persistent link: https://www.econbiz.de/10012987636