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Foreign shareholders can avail themselves of legal protection under three different legal regimes: diplomatic protection, international investment law and international human rights law. Adopting a historic and comparative approach, this article tracks the faded role of diplomatic protection for...
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We examine the role of arbitrator background for outcomes in investment arbitration. Both the investors and the host states expend a great deal of resources to influence the arbitration outcomes, raising an important question: is an arbitrator‟s decision biased toward his or her appointing...
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Two complainants brought a constitutional complaint before the German Constitutional Court. The complaint was directed against a judgement of the Federal Court of Justice (Bundesgerichtshof) that dismissed their action because the Hellenic Republic enjoyed state immunity before the German...
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The enormous leaps of growth and development experienced by Eastern and Southeast Asian states since the 1960s on account of their astonishing industrial development have led to concerns that a resulting global economic and political shift might favour the Pacific region at the expense of the...
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Ten years after the global financial crisis (“GFC”) that started in 2007, the time has come to take stock of the international regulation of finance. This report assesses the causes and consequences of the GFC and the broader context of the changes in the international financial system since...
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Creditor-debtor engagement in one form or another has been a feature of many sovereign debt restructurings. In some cases, debtor-creditor engagement has been formalized and took the specific form of creditor committees. Views differ considerably on the merits and demerits of CCs, and on the...
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