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U.S. assertion of political power in the World Trade Organization (WTO)'s appointment process reminds us of the tenuous …
Persistent link: https://www.econbiz.de/10012869935
trade and investment has been a polarizing one. Taking inspiration from the World Trade Organization (WTO) dispute …
Persistent link: https://www.econbiz.de/10013016420
Bilateral investment treaties (BITs) provide investors in natural resource projects with stability. Specifically, dispute settlement provisions, a feature of most modern BITs, allow investors to make claims against the host state for alleged breaches of the BIT However, some such provisions...
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Contracting states bring a Trojan Horse into the city when providing for most-favoured-nation clauses (MFN clause) in bilateral investment treaties (BIT). This affects the general equilibrium of the treaties, as recent case law from investment arbitration tribunals illustrates. In these cases...
Persistent link: https://www.econbiz.de/10012711089
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Disputed maritime areas are often sources of valuable natural resources, but they are also often sources of conflict. It is thus important for investors investing in such areas to know the array of investment protection mechanisms available to them. This article examines four such mechanisms...
Persistent link: https://www.econbiz.de/10013226463
Investor-state arbitration was created with the hope of depoliticizing investment disputes. However, the adoption of the traditional party-appointment system, in which disputing parties play a direct role in the composition of the tribunal, is increasingly criticized. Many believe that party...
Persistent link: https://www.econbiz.de/10013237809
Amicus curiae is a developing feature of modern international investment arbitration. This chapter starts by describing how investment arbitration shifted from a confidentiality-based practice to a model that is more open to the participation of civil society. It then proceeds to discuss the...
Persistent link: https://www.econbiz.de/10013250720