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A Review of China’s Sustainable Development Goals through International Investment Agreements
Fan, Kun - 2023
existing Chinese IIAs, an increasing number of China's recent treatises move towards sustainability. Most sustainable …
Persistent link: https://www.econbiz.de/10014261673
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Arbitration on Trial : A Verdict on the Use of Arbitration in Investor-State Dispute Settlement
Macleod, Hugh - 2021
The use of arbitration in investor-state dispute settlement (ISDS) enables foreign investors to sue host states for alleged breaches of international investment law. But the practise has grown increasingly controversial over the past decade, with respondent states refusing to pay damages, or...
Persistent link: https://www.econbiz.de/10013225306
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Multinationals and Transparency in Foreign Direct Liability Cases - The Prospects for Obtaining Evidence Under the Dutch Civil Procedural Regime on the Production of Exhibits
Enneking, Liesbeth F.H - 2014
On 30 January 2013, the The Hague district court rendered a final judgment with respect to a number of civil liability … liability procedures that has come up over the past two decades in Western societies around the world. One of the main … characteristics of these so-called 'foreign direct liability cases' is the inequality of arms that typically exists between the host …
Persistent link: https://www.econbiz.de/10014152129
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The Future of Foreign Direct Liability? Exploring the International Relevance of the Dutch Shell Nigeria Case
Enneking, Liesbeth F.H. - 2014
In January 2013, the The Hague district court in the Netherlands rendered a groundbreaking verdict in a civil liability … liability cases. Growing numbers of similar lawsuits have been brought before courts in other Western societies, but judgments … case within the socio-legal context of the contemporary trend towards foreign direct liability cases, the international …
Persistent link: https://www.econbiz.de/10013062321
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International Organizations in Domain of International Investment Law
Belohlavek, Alexander J. - 2014
The text is devoted to the issues of international law and the role of investment to international organizations such as the WTO, the OECD and the IMF. Author discusses the issues remedies available to investors and methods of investment dispute resolution, e.g. claims for damages that can be...
Persistent link: https://www.econbiz.de/10013046716
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Environmental Policy Implications of Investor-State Arbitration Under NAFTA Chapter 11
Gaines, Sanford E. - 2006
Have investors used NAFTA Chapter 11 to thwart the fair application of environmental protection measures? Are the compensation awards discouraging governments from taking environmental protection measures they would otherwise want to take? This report empirically reviews four arbitrations under...
Persistent link: https://www.econbiz.de/10014059196
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The legal framework applicable to joint interpretive agreements of investment treaties
Gaukrodger, David - 2016
Governments have been examining the potential role of joint government interpretations of investment treaties at OECD-hosted intergovernmental investment roundtables. Now well-established in the model BITs and treaty practice of the NAFTA governments, express provisions for such joint...
Persistent link: https://www.econbiz.de/10011582193
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State-to-state dispute settlement and the interpretation of investment treaties
Gaukrodger, David - 2016
Many governments have expressed concerns about the uncertainty linked to the perceived inconsistency of treaty interpretation in Investor-State dispute settlement (ISDS). An OECD-hosted intergovernmental investment roundtable has been considering a range of tools through which governments can...
Persistent link: https://www.econbiz.de/10011582200
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Investment treaties and shareholder claims : analysis of treaty practice
Gaukrodger, David - 2014
, including their consequences for investor protection and government liability; (ii) the interaction of reflective loss claims …
Persistent link: https://www.econbiz.de/10010463415
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Investment treaties and shareholder claims for reflective loss : insights from advanced systems of corporate law
Gaukrodger, David - 2014
Corporate law in advanced domestic legal systems on the one hand, and typical treaties for the protection of foreign investment on the other hand, treat claims for damages by company shareholders differently. Advanced domestic systems generally bar shareholders from claiming for reflective loss...
Persistent link: https://www.econbiz.de/10010463416