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during the 1990s in an attempt to expand FDI inflows. Although the theory on the subject predicts a positive relationship … between the inflow of FDI and the conclusion of these agreements, the empirical literature is not conclusive about what … impacts TBIs have on FDI, making uncertain the effects that these agreements have had on investment decisions in the region …
Persistent link: https://www.econbiz.de/10012628665
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
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
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
The fair and equitable treatment (FET) provision has leapt to prominence in the last 15 years as the principal ground of liability at issue in many if not most investment treaty arbitration claims. In debates about the impact of investment treaties on the right to regulate, FET is second only to...
Persistent link: https://www.econbiz.de/10011695562
This paper reviews alleged societal benefits and costs of International Investment Agreements (IIAs) as suggested by academia, governments, business and civil society. It sets out the wide range of issues that diverse actors have proposed in the context of assessing the societal benefits and...
Persistent link: https://www.econbiz.de/10011821959
International investment agreements (IIAs) almost universally define their temporal validity and thus set conditions for States’ exit from these treaties. This study presents the results of the survey of language that determines the temporal validity of 2,061 bilateral investment agreements...
Persistent link: https://www.econbiz.de/10010230658
It is often claimed that investment treaties will dissuade host countries from phasing out foreignowned CO2-intensive production. This paper uses a very simple economic framework to examine how such a problem might be alleviated through treaty reform, including increased carve-outs from...
Persistent link: https://www.econbiz.de/10013490616
Protecting biodiversity will require the phase-out of harmful production at a large scale. However, some of these stranded investments will be foreign-owned, and can therefore be protected by the more than 2,600 investment treaties that are in force worldwide. These treaties' compensation...
Persistent link: https://www.econbiz.de/10014577969
(FDI). It is organised in two parts. The first part explores the generic structure of IIAs and highlights the components … that are particularly relevant to FDI. It then gives an overview of the specific content of investment treaties using a … impact of IIAs on FDI, while highlighting issues with the measurement of FDI, missing FDI data and effect identification due …
Persistent link: https://www.econbiz.de/10014344240