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The paper aims at studying the potential accommodation of the concept of sustainable development within the regime of international law regulating foreign direct investment (FDI). Reconciliation of international investment law and sustainable development is part of the current awareness of...
Persistent link: https://www.econbiz.de/10014045033
This paper inquires whether the ITA tribunals, while judging whether a host State's regulatory measures amount to indirect expropriation or not, have been able to develop and apply the police power doctrine in a uniform manner? This inquiry is important to understand whether this doctrine could...
Persistent link: https://www.econbiz.de/10012970089
This chapter will study the evolution of India's approach to bilateral investment treaties (BITs) since her independence in 1947. The chapter will trace this evolution by dividing the time period from 1947 to date in three phases. In the first phase, from 1947 till end of 1990, India didn't...
Persistent link: https://www.econbiz.de/10012970090
Bilateral investment treaties (BITs) have proliferated over the past 50 years such that the number of pairs of countries with BITs is roughly as large as the number of country-pairs that belong to bilateral or regional preferential trade agreements (PTAs). The purpose of this study is to provide...
Persistent link: https://www.econbiz.de/10013122385
In this paper, I highlight that international investment law, as a subsystem, should evolve to accept rules from other subsystems of law, e.g., human rights, trade (WTO law and RTA law), and environmental. This proposed evolution would need to include the acceptance of new tools that would help...
Persistent link: https://www.econbiz.de/10013104002
This paper takes an empirical, practical approach to test the proposition that systemic integration leads to greater coherence of international law. It builds on work by Professor Campbell McLachlan and others that specific treaty-based regimes can be located in the broader context of...
Persistent link: https://www.econbiz.de/10013104090
There has been an explosive growth of free trade agreements (FTAs) in recent years. The World Trade Report 2011 of the World Trade Organization (WTO) shows Asian members to be among the most active in signing preferential trade agreements. This unprecedented growth has attracted much academic...
Persistent link: https://www.econbiz.de/10013065915
Bilateral investment treaties (BITs) have proliferated over the past 50 years such that the number of pairs of countries with BITs is roughly as large as the number of country-pairs that belong to bilateral or regional preferential trade agreements (PTAs). The purpose of this study is to provide...
Persistent link: https://www.econbiz.de/10009230839
Persistent link: https://www.econbiz.de/10013094565