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China and the Global Governance of Foreign Direct Investment – The Emerging Liberal Bilateral Investment Treaty Approach
Berger, Axel - 2014
The economic and political rise of China has led to considerable controversy regarding potential repercussions for the … current global governance architecture. At least two opposing scenarios are conceivable: China’s adaptation to the rules and … danger of clashing regulatory policies. A recent and increasingly dynamic trend giving substance to the phenomenon of China …
Persistent link: https://www.econbiz.de/10014182301
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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
Advanced systems of domestic corporate law generally apply a “no reflective loss” principle to shareholder claims. Shareholder claims are permitted for direct injury to shareholder rights (such as voting rights). But shareholders generally cannot bring claims for reflective loss incurred as...
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
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Adjudicator compensation systems and investor-state dispute settlement
Gaukrodger, David - 2017
Compensation for adjudicators is generally considered as a core issue for judicial independence and for attracting good judges in the institutional design for courts. This paper examines compensation systems for adjudicators and dispute settlement administrators in investor-state dispute...
Persistent link: https://www.econbiz.de/10011821957
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The Effects of a China-US Free Trade and Investment Agreement
Petri, Peter A.; Plummer, Michael G.; Zhai, Fan - 2014
and the Trans-Pacific Partnership, includes both China and the United States. By failing to connect these economies, these … agreements would leave much of the economic and political gains from Asia-Pacific economic integration unexploited. A China …
Persistent link: https://www.econbiz.de/10014141306
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The Limits of Depoliticisation in Contemporary Investor-State Arbitration
Paparinskis, Martins - 2010
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
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Which Role for the EU in the Development of International Investment Law?
Mola, Lorenza - 2008
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
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Good Faith and Fair and Equitable Treatment in International Investment Law
Paparinskis, Martins - 2014
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
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The Global Governance of FDI and the Non-market Strategies of TNCs : Explaining the “Backlash” Against Bilateral Investment Treaties
Buzdugan, Stephen R. - 2021
This article seeks to explain recent decisions by countries to terminate their existing bilateral investment treaties (BITs) and revisit their commitment to future international investment agreements (IIAs). It argues that BITs, transnational corporations (TNCs), host States and international...
Persistent link: https://www.econbiz.de/10013213767