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The aim of this paper is to explore the political dimensions of investment arbitration. What drives the structures and rules of this institution of private-transnational dispute settlement? To define political dimensions and develop the basis of a political explanation of investment arbitration,...
Persistent link: https://www.econbiz.de/10013028423
Decisions by arbitral tribunals in investment treaty cases do not have formal precedential status. Yet certain issues recur, and prior decisions at the least provide guidance to later tribunals. The content of the most frequently invoked substantive treaty provisions - the obligations to accord...
Persistent link: https://www.econbiz.de/10012722319
Trade regulation may never have been in more flux than it is nowadays. Apart from the emergence of ‘megaregionals’ (more recently, the Regional Comprehensive Economic Partnership – RCEP, or the Comprehensive and Progressive Trans-pacific Partnership–CPTPP) and the difficulties in...
Persistent link: https://www.econbiz.de/10013306356
As the major players in globalization, firms often operate in states where human rights may not be respected. Without direct intent, firms may be complicit in human rights violations. In 2008, John Ruggie, the UN Special Representative on business and human rights, developed a framework for...
Persistent link: https://www.econbiz.de/10014177986
Corruption (the abuse of entrusted authority for illicit gain) is pervasive, hard to measure, and damaging both to economic growth and human rights. Corruption is also intimately associated with trade. However, the international organization governing trade, the WTO, says nothing about...
Persistent link: https://www.econbiz.de/10014177988
The idea of fairness is a recurrent one in international economic law and relations. By and large, however, commentators have failed to provide a structured understanding for this vital concept or explain its reflection in legal rules. This article proposes a theory of fairness as part of a...
Persistent link: https://www.econbiz.de/10014164759
It is a buyer's market for foreign investors seeking remedies for wrongs they have allegedly suffered at the hands of host governments. They can usually seek relief in the courts of the host state, but, increasingly, they also have more cosmopolitan options to consider, including investor-state...
Persistent link: https://www.econbiz.de/10012775946
In this paper we assess the quality and coherence of the use of economics in dispute settlement in two fields of international economic law: international trade and international investment law. We argue that four economic concepts are frequently used and/or of critical importance for both...
Persistent link: https://www.econbiz.de/10012993154
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
Persistent link: https://www.econbiz.de/10013082668