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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
interpretation in Investor-State dispute settlement (ISDS). An OECD-hosted intergovernmental investment roundtable has been … some participants suggested consideration of the potential role of State-to-State dispute settlement (SSDS) in this area …
Persistent link: https://www.econbiz.de/10011582200
settlement administrators in investor-state dispute settlement (ISDS). The paper uses in part a comparative perspective based on … approaches in domestic courts in advanced economies, an approach rarely taken in analysing investor-state arbitration. The first … preliminary facts about adjudicator and dispute administrator compensation in investor-state arbitration as well as the investment …
Persistent link: https://www.econbiz.de/10011821957
circumstances of the host state / Nick Gallus -- The plea of necessity under customary international law : a critical review in … Section B of Chapter 11 of NAFTA / Sergio Puig -- Navigating the parallel universe of investor-state arbitrations under the … investment treaty? / Andrew Stephenson, Lee Carroll and Jonathon DeBoos -- Bias challenges in investor-state arbitration …
Persistent link: https://www.econbiz.de/10013546922
Persistent link: https://www.econbiz.de/10012387777
Are economic, social and social, and cultural rights actually taken into account when arbitration or adjudicating bodies (panels or tribunals) seek to solve disputes arising under international economic law (IEL)? The term ‘human rights' is seldom applied in the substantive provisions of trade...
Persistent link: https://www.econbiz.de/10013034944
State, this is essentially about how to supervise, advise or withhold incentives to its economic actors in order to ensure … that it does not contribute to human rights violations in other States. For the host State, this is essentially about …
Persistent link: https://www.econbiz.de/10013029866
Persistent link: https://www.econbiz.de/10000682821
and underestimated challenge to state sovereignty, allowing arbitrators with a ‘proto-constitutional' power of judicial …-physicalized conception of property, later contested by legal realists. Its central claim is that investor state arbitration poses a serious … unchanging world', as the US Supreme Court did more than a century ago, albeit this time on a global scale …
Persistent link: https://www.econbiz.de/10013003208
"This timely book is a comprehensive analysis of incomplete International Investment Agreements (IIAs), featuring insights from negotiating experiences in a number of bilateral and multilateral investment treaties. It examines problems, causes, and solutions surrounding this phenomenon by...
Persistent link: https://www.econbiz.de/10013489390