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The adoption of the U.N. Guiding Principles on Business and Human Rights represents a watershed moment in the business and human rights movement. Nevertheless, despite its achievements, the work to align business and human rights issues remains.One approach to furthering the work in this area...
Persistent link: https://www.econbiz.de/10012992513
International trade and investment agreements are problematic from a participatory rights perspective because they are typically negotiated without adequate opportunities for participation of the public. Such agreements provide for disputes concerning public policy to be decided by private...
Persistent link: https://www.econbiz.de/10013231402
Governments are facing an increasing number of arbitration claims by foreign investors relating to important public policies or seeking substantial damages, and many governments are taking a greater joint interest in how such cases are resolved in investor-state dispute settlement (ISDS). This...
Persistent link: https://www.econbiz.de/10012454249
This paper focuses on the main venue for investor-state dispute settlement: the World Bank Group's International Centre …
Persistent link: https://www.econbiz.de/10013025549
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 scoping paper examines the balance between investor protection and the right to regulate in investment treaties and investment treaty policy. It notes the growing trend to analyse the impact of particular treaty rules rather than treaties as a whole. It also points to the importance of...
Persistent link: https://www.econbiz.de/10012924083
There is vigorous debate about reforms to address the balance between investor protection and the right to regulate in the over 3000 existing investment treaties. This paper first notes the growing trend to analyse particular treaty rules rather than treaties as a whole and the importance of...
Persistent link: https://www.econbiz.de/10011695559
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
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
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