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This entry is concerned with the rise and fall of investment treaties and investor-state arbitration after the end of … the cold war. It provides a brief history of international investment law after the end of the cold war. Initially this is … a story of the growing desirability of a high degree of investment protection, followed by several waves of backlash in …
Persistent link: https://www.econbiz.de/10014352817
IR compliance on State actors. The paper asks how a coordinated system of inward and outward IR investment screening and … authorization can ensure that global investment flows are made conditional upon the observance of IRs. It is posited that IR …
Persistent link: https://www.econbiz.de/10012871631
The article focuses on implications of the fact that under the Lisbon Treaty foreign direct investment form a part of … elaborates on the development of the future Common European Investment Policy as foreseen by the Treaty of Lisbon. As a … consequence of these changes, the future of EU Member States bilateral investment treaties has also been brought into question …
Persistent link: https://www.econbiz.de/10013027549
This chapter assesses the role of good faith in managing parallel investment and trade disputes. It considers the … jurisdictional and substantive overlap in trade and investment regimes that give rise to parallel disputes, and the normative … rights, and this chapter evaluates the extent to which they may be deployed in trade and investment regimes. While finding …
Persistent link: https://www.econbiz.de/10012940775
investment treaties (BITs). This change will likely benefit developing countries by restoring a portion of their sovereign … autonomy, but perhaps at the cost of a decline in foreign investment. To evaluate whether and how the strength of the … enforcement provisions in a BIT affect foreign investment I introduce a new comprehensive database that contains provision level …
Persistent link: https://www.econbiz.de/10012898930
Over the past few decades, a few thousand international investment agreements have been concluded. One cornerstone of … those treaties has been a straightforward model of foreign investment: an investor based in a home State that has made an … investment located in the territory of a host State. Under that model, treaty protections operate reciprocally, protecting the …
Persistent link: https://www.econbiz.de/10012965983
As substantive economic and social phenomena, international trade and investment are inextricably linked. Yet like … parting of their respective legal systems, international trade and investment are more closely tied to each other today than … ever before, with a significant portion of international trade and investment flows occurring in global supply chains …
Persistent link: https://www.econbiz.de/10014175734
establishing a framework for the screening of inward foreign direct investment (FDI). It argues that the new regulation, which … constitutes a first step for a more comprehensive EU investment screening system, should not be considered to be exclusively aimed …, possibilities to limit inward FDI, which in turn can be used by the EU as a bargaining chip in its trade and investment negotiations …
Persistent link: https://www.econbiz.de/10014104778
examines the relationships between international investment rules and constitutional principles of liberal democracy and … identifies how arbitrators have interpreted investment treaties in ways that take constitutionalist notions of limited government …. Ironically, this portrayal of investment arbitration as an institutional hammer of neo-liberalism that is just now hitting its …
Persistent link: https://www.econbiz.de/10013069845