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This paper analyses the relationship between the agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) in the World Trade Organization (WTO) and the human right to health. The paper shows that the TRIPS agreement is in conflict with the human right to health as contained in...
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One of the controversial issues in international investment law disputes has been the interpretation of ‘necessary' in the Non Precluded Measures (NPM) provision in bilateral investment treaties (BITs). Investor-State Dispute Settlement (ISDS) tribunals have employed different methodologies to...
Persistent link: https://www.econbiz.de/10012827078
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...
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The chapter comprehends the issue of protecting security interests in international investment law by dividing the discussion in two parts. First, it examines the issue of protecting security interests in those BITs that specifically allow the host state to deviate from its treaty obligations in...
Persistent link: https://www.econbiz.de/10012972264
This article examines the origin, evolution and current status of the Indian Bilateral Investment Treaty (BIT) programme. India launched its BITs programme in 1994 as part of its overall strategy of economic liberalization. To date, India has entered into more than 80 BITs. However, India's BIT...
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