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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

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

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

Addressing the balance of interests in investment treaties : the limitation of fair and equitable treatment provisions to the minimum standard of treatment under customary internat...

Gaukrodger, David - 2017

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

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

Investment treaties and the threat to biodiversity

Horn, Henrik; Lavenius, Axel; Sanctuary, Mark - 2024

Protecting biodiversity will require the phase-out of harmful production at a large scale. However, some of these stranded investments will be foreign-owned, and can therefore be protected by the more than 2,600 investment treaties that are in force worldwide. These treaties' compensation...

Persistent link: https://www.econbiz.de/10014577969

Investment treaty reform when regulatory chill causes global warming

Horn, Henrik - 2022

It is often claimed that investment treaties will dissuade host countries from phasing out foreignowned CO2-intensive production. This paper uses a very simple economic framework to examine how such a problem might be alleviated through treaty reform, including increased carve-outs from...

Persistent link: https://www.econbiz.de/10013490616

International Investment Agreements and Foreign Direct Investment : A Survey

Egger, Peter H.; Pirotte, Alain; Titi, Catharine - 2023

(FDI). It is organised in two parts. The first part explores the generic structure of IIAs and highlights the components … that are particularly relevant to FDI. It then gives an overview of the specific content of investment treaties using a … impact of IIAs on FDI, while highlighting issues with the measurement of FDI, missing FDI data and effect identification due …

Persistent link: https://www.econbiz.de/10014344240

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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