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The paper analyzes systematic patterns of investment treaty rule-making using a large sample of bilateral investment treaties (BITs). Focusing on national treatment and transfer provisions, it finds that BITs signed between two developing countries are typically less wide-ranging than...
Persistent link: https://www.econbiz.de/10013138308
A serious analysis of Bilateral Investment Treaties (BITs) and their implications for both investment levels and the distribution of the gains from investment is timely. BITs have become the dominant international vehicle through which investment is regulated
Persistent link: https://www.econbiz.de/10013097963
It is observed that most of the disputes under BITs by developing nations are finally referred to international bodies like the ICSID. An arbitral tribunal is expected to execute its duty without any biases, however, often questions are raised with respect to the treatment of developing...
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This volume builds upon previous research on sustainable development in international trade law and policy, published in Sustainable Development in World Trade Law. The volume's goal is to analyse the state of international investment law through the lens of sustainable development and to...
Persistent link: https://www.econbiz.de/10013068392
In this paper, the author argues that compulsory licenses might potentially amount to indirect expropriation provided that their effects constitute a severe curtailment of the patent rights. Inasmuch as the expropriation standards in BIAs differ from those articulated under the TRIPS Agreement,...
Persistent link: https://www.econbiz.de/10013069275