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Temporal validity of international investment agreements : a large sample survey of treaty provisions
Pohl, Joachim - 2013
International investment agreements (IIAs) almost universally define their temporal validity and thus set conditions for States’ exit from these treaties. This study presents the results of the survey of language that determines the temporal validity of 2,061 bilateral investment agreements...
Persistent link: https://www.econbiz.de/10010230658
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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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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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Societal benefits and costs of international investment agreements : a critical review of aspects and available empirical evidence
Pohl, Joachim - 2018
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
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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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Lessons from investment policy reform in Korea
Nicolas, Françoise; Thomsen, Stephen E.; Bang, Mi-hyun - 2013
direct investment (FDI), an essential question for policy-makers is no longer just what to reform but also how to reform. How … FDI Regulatory Restrictiveness Index, Korea was the biggest reformer of its policies towards FDI between 1997 and 2010 … FDI regime in Korea and to examine how and why it came about. What were the main obstacles and what were the main drivers …
Persistent link: https://www.econbiz.de/10010230661
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Dispute settlement provisions in international investment agreements : a large summary survey
Pohl, Joachim; Mashigo, Kekeletso; Nohen, Alexis - 2012
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/10009685837
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Investor-State Dispute Settlement : A Scoping Paper for the Investment Policy Community
Gaukrodger, David - 2012
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
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Investor-State Dispute Settlement : A Scoping Paper for the Investment Policy Community
Gaukrodger, David; Gordon, Kathryn - 2013
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/10014161516
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Pros and Cons of the EU-China Comprehensive Agreement on Investment
Oehler-Şincai, Iulia Monica - 2021
complemented by an analysis of the broader circumstances of rising FDI protectionism worldwide, under the increased complexity of …
Persistent link: https://www.econbiz.de/10013310340