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Intellectual property is routinely regulated by international investment agreements (‘IIAs’) as a protected class of investment. However, it has only emerged as a subject of investment claims in recent years and in relatively few niche cases, and as such the relationship between intellectual...
Persistent link: https://www.econbiz.de/10014154119
The Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement”) is the first WTO agreement requiring Members to establish a relatively detailed set of substantive norms within their national legal systems, as well as requiring them to establish enforcement measures...
Persistent link: https://www.econbiz.de/10013037685
One of the most important cases in the jurisprudence of international law – Chorzów Factory – has a hidden secret, so much so that, even when in plain sight, legal post-mortems of the case fail to mention this well-kept secret. Chorzów Factory was about intellectual property rights,...
Persistent link: https://www.econbiz.de/10012837404
Protecting biodiversity will require the phase-out of harmful production at a large scale. However, some of these … bilateral investment treaties they are parties to, that pose the most severe threat to biodiversity protection. It assumes that … foreign investment positions, and (iii) in countries with vulnerable biodiversity. To operationalize these notions, the paper …
Persistent link: https://www.econbiz.de/10014577969
Halting the ongoing global loss of biodiversity will require extensive phase-out of harmful production. A significant … income losses. To examine the impact of investment treaties on biodiversity protection, this paper studies a setting with … is harmful to biodiversity, and how this in turn reduces the host country's willingness to phase out the stranded …
Persistent link: https://www.econbiz.de/10014440742
The fair and equitable treatment (FET) provision has leapt to prominence in the last 15 years as the principal ground of liability at issue in many if not most investment treaty arbitration claims. In debates about the impact of investment treaties on the right to regulate, FET is second only to...
Persistent link: https://www.econbiz.de/10011695562
Are economic, social and cultural rights actually taken into account when arbitration or adjudicating bodies (panels or tribunals) seek to solve disputes arising under international economic law (IEL)? The term ‘human rights' is seldom applied in the substantive provisions of trade or...
Persistent link: https://www.econbiz.de/10013029866
The question of the existence of legal protection for foreign investors under customary international law (or “custom”) has always been controversial. As a result of this perceived lack of established customary principles, States concluded thousands of bilateral investment treaties in the...
Persistent link: https://www.econbiz.de/10013094379
's accession to the World Trade Organization) (WTO) in 2001. We also show that there is a positive upstream spillover effect of FDI …
Persistent link: https://www.econbiz.de/10011723712
This paper investigates the role of patent protection in the global investment decisions of multinational firms. Using comprehensive firm-level panel data of German multinationals, we investigate how changes in a host country’s patent protection influence the extensive and intensive margin of...
Persistent link: https://www.econbiz.de/10010439153