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International investment agreements define State commitments on investment protection, but also shed light on how these commitments are to be integrated with other public policy objectives. Investment protection in the context of environmental regulation has been a frequent source of controversy...
Persistent link: https://www.econbiz.de/10013124345
Depoliticisation of investment dispute settlement is considered to be one of the principal reasons and advantages of investor-State arbitrations. This paper considers the added value that the depoliticisation vocabulary brings to the resolution of modern challenges. First of all, equating...
Persistent link: https://www.econbiz.de/10013135618
This work deals with the question whether an 'EU model' contributing to the development of international investment law may be envisaged. The new competence on FDI conferred to the EU under the Treaty of Lisbon, especially if it is considered in the context of the quot;new regionalismquot;...
Persistent link: https://www.econbiz.de/10012723857
Fair and equitable treatment is one of the most important rules of international investment law, yet the vagueness of its textual expression causes considerable problems in interpretation and application. In the absence of clear textual guidance, tribunals and legal writers have sometimes turned...
Persistent link: https://www.econbiz.de/10013045357
One of the risks that international economic law is facing is the inability to give consistent answers to actual needs. Coherence, consistency and predictability of international law rules are particularly relevant in a global world and market, where private actors are increasingly gaining...
Persistent link: https://www.econbiz.de/10012708871
The paper advances the paradoxical thesis that international investment law is developing towards a multilateral system of investment protection on the basis of bilateral treaties. Despite the infinite fragmentation of substantive investment law, coupled with arbitration as a decentralized...
Persistent link: https://www.econbiz.de/10014216958
The People's Republic of China (PRC) has a long-standing territorial claim on the Republic of China (ROC), more commonly known as Taiwan. This document is an analysis of the potency of the Chinese threat to launch an amphibious invasion across the Taiwan Strait with the objective of annexation....
Persistent link: https://www.econbiz.de/10014056972
Investor-State dispute settlement mechanisms (ISDS) are an important component of most International Investment Agreements (IIAs) and have significant influence on how disputes between States and investors are resolved. This statistical survey of a large sample of 1,660 bilateral investment...
Persistent link: https://www.econbiz.de/10009685837
Investor-State dispute settlement mechanisms (ISDS) are an important component of most International Investment Agreements (IIAs) and have significant influence on how disputes between States and investors are resolved.This statistical survey of a large sample of 1,660 bilateral investment...
Persistent link: https://www.econbiz.de/10013096744
This paper reviews alleged societal benefits and costs of International Investment Agreements (IIAs) as suggested by academia, governments, business and civil society. It sets out the wide range of issues that diverse actors have proposed in the context of assessing the societal benefits and...
Persistent link: https://www.econbiz.de/10011821959