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Political Dimensions of Investment Arbitration : ISDS and the TTIP Negotiations
Dietz, Thomas - 2015
The aim of this paper is to explore the political dimensions of investment arbitration. What drives the structures and … of a political explanation of investment arbitration, we reconstruct the conflict about investor-state dispute settlement … (ISDS) in the negotiations on the Transatlantic Trade and Investment Partnership (TTIP). We argue that the competing …
Persistent link: https://www.econbiz.de/10013028423
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Investment treaties and shareholder claims : analysis of treaty practice
Gaukrodger, David - 2014
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
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Investment treaties and shareholder claims for reflective loss : insights from advanced systems of corporate law
Gaukrodger, David - 2014
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
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State-to-state dispute settlement and the interpretation of investment treaties
Gaukrodger, David - 2016
Many governments have expressed concerns about the uncertainty linked to the perceived inconsistency of treaty interpretation in Investor-State dispute settlement (ISDS). An OECD-hosted intergovernmental investment roundtable has been considering a range of tools through which governments can...
Persistent link: https://www.econbiz.de/10011582200
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An SIA analysis of the Investment Chapter in the EU-Canada Comprehensive Economic and Trade Agreement (CETA)
Prud'homme, Dan - Volkswirtschaftliche Fakultät, … - 2011
This study is a section from the Sustainability Impact Assessment (SIA), commissioned by the European Commission, on the impacts of the Investment Chapter in the EU-Canada Comprehensive Economic and Trade Agreement (CETA). The Investment Chapter in CETA could encourage economic benefits...
Persistent link: https://www.econbiz.de/10011261151
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The US-EU Transatlantic Trade and Investment Partnership (TTIP) : Should it Leave a Door Open for Non-Legal Arbitrators?
Fach Gómez, Katia - 2016
presents different mechanisms that have been used in the investment arbitration context to aid legal arbitrators with … arbitration tribunals, and inter-state arbitration tribunals), the article concludes that incorporating arbitrators with …
Persistent link: https://www.econbiz.de/10012987636
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The Evolution of the EU External Trade Policy in Services - CETA, TTIP and TiSA after Brexit
Delimatsis, Panos - 2017
The conclusion of the Transatlantic Trade and Investment Partnership (TTIP) constitutes a priority and key component of … key sector of export interest for the EU and thus completing agreements such as the TTIP or the Trade in Services … the regulatory philosophy governing the future regulation of global trade in services. With respect to TTIP, the EU …
Persistent link: https://www.econbiz.de/10012952938
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Negotiating Services Liberalization within TTIP - The EU External Trade Policy at Crossroads
Delimatsis, Panos - 2016
The conclusion of the Transatlantic Trade and Investment Partnership (TTIP) constitutes a priority and key component of … of trade in services is concerned. Against this backdrop, this article offers a critical account of the current TTIP …
Persistent link: https://www.econbiz.de/10012987966
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Is Investor-State Dispute Settlement (ISDS) Superior to Litigation Before Domestic Courts? An EU View on Bilateral Trade Agreements
Bronckers, Marco - 2015
negotiations on a comprehensive free trade agreement (TTIP) between them. According to critics, ISDS unduly limits the policy space …
Persistent link: https://www.econbiz.de/10013015517
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Investment Treaty Arbitral Decisions as Jurisprudence Constante
Bjorklund, Andrea - 2008
compensation - is far from clear. Furthermore, procedural matters, such as decisions regarding the place of arbitration or the …
Persistent link: https://www.econbiz.de/10012722319