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India has a long history of economic linkages with the EU member states. In recent period, the volumes of Indo-EU trade both in case of merchandise products and services have considerably increased and a number of investment collaboration opportunities are emerging. Since 2007 the two sides are...
Persistent link: https://www.econbiz.de/10014154986
National FDI policies play an important part in attracting FDI, which covering attracting FDI, gaining from FDI, and addressing TNCs. Recent years have seen great changes and developments in national FDI policies, and IIAs with respect to the form and amount as well. IIAs at different levels...
Persistent link: https://www.econbiz.de/10014068273
This paper develops an economic theory of international investment agreements, applies it to explain central features …
Persistent link: https://www.econbiz.de/10014110306
This article focuses on fragmentation within international investment law. The problem of fragmentation acquires real significance when investor-State tribunals exceed the scope of their jurisdiction, when they reach conflicting outcomes on the merits of similar disputes, or when the relevant...
Persistent link: https://www.econbiz.de/10013294659
The aim of this paper is to explore the political dimensions of investment arbitration. What drives the structures and rules of this institution of private-transnational dispute settlement? To define political dimensions and develop the basis of a political explanation of investment arbitration,...
Persistent link: https://www.econbiz.de/10013028423
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/10011276700
Governments are facing an increasing number of arbitration claims by foreign investors relating to important public policies or seeking substantial damages, and many governments are taking a greater joint interest in how such cases are resolved in investor-state dispute settlement (ISDS). This...
Persistent link: https://www.econbiz.de/10011276702
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/10011276703
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