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The paper seeks to examine the African International Investment Agreement (IIA) reform approaches and their viability to reconcile investment protection and sustainable development. The first part examines African experiences with traditional IIAs and identifies their main impediments to the...
Persistent link: https://www.econbiz.de/10012835095
Africanization of IIL. These important debates regarding reform of IIL in Africa foreground innovative aspects of International …
Persistent link: https://www.econbiz.de/10013241898
In this book, Professor Julien Chaisse, a renowned scholar in the field of international economic law and China …’s Republic of China (PRC or China). This edited book presents, in a comprehensive, accurate and organized manner, the gradual … definition of the China’s investment strategy. This book’s scope includes reflections on the international investment regime …
Persistent link: https://www.econbiz.de/10013215018
The economic and political rise of China has led to considerable controversy regarding potential repercussions for the … current global governance architecture. At least two opposing scenarios are conceivable: China’s adaptation to the rules and … danger of clashing regulatory policies. A recent and increasingly dynamic trend giving substance to the phenomenon of China …
Persistent link: https://www.econbiz.de/10014182301
existing Chinese IIAs, an increasing number of China's recent treatises move towards sustainability. Most sustainable …
Persistent link: https://www.econbiz.de/10014261673
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
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
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
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
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