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The economics of investor protection : ISDS versus national treatment : presented at CESifo Area Conference on Global Economy, May 2015

Kohler, Wilhelm; Stähler, Frank - 2016 - Version of February 16, 2016

This paper scrutinizes the effects of investor-state dispute settlements (ISDS) and national treatment provisions in a two-period model where foreign investment is subject to domestic regulation and a holdup problem. It shows that ISDS can mitigate the holdup problem and increases aggregate...

Persistent link: https://www.econbiz.de/10011431559

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

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

Bilateral investment treaties do work : until they don't

Aisbett, Emma; Busse, Matthias; Nunnenkamp, Peter - 2016

claims by investors on FDI flows to the responding host country. We study this question using a comprehensive dataset of FDI … compensation claims against a host on inward FDI flows from BIT-partner and non-partner countries. Focusing on these differences … control for unobserved changes in the host-country investment climate. We find that BITs stimulate bilateral FDI flows from …

Persistent link: https://www.econbiz.de/10011413955

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

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

Dispute Settlement Provisions in International Investment Agreements : A Large Sample Survey

Pohl, Joachim - 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/10013096744

Investment Treaties and the Globalisation of State Capitalism : Opportunities and Constraints for Host States

Skovgaard Poulsen, Lauge N. - 2012

The growing stock of foreign investments by sovereign wealth funds and state-owned enterprises poses regulatory challenges to the international investment regime. With arbitrators seemingly keen on expanding the jurisdictional scope of investment treaty arbitration to cover a wide range of...

Persistent link: https://www.econbiz.de/10013106999

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 that...

Persistent link: https://www.econbiz.de/10013071856

Economics and Politics of International Investment Agreements

Horn, Henrik - 2017

We analyze the optimal design and implications of international investment agreements. These are ubiquitous, potent and heavily criticized state-to-state treaties that compensate foreign investors against host country policies. Optimal agreements cause national but not global underregulation...

Persistent link: https://www.econbiz.de/10012959555

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