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Non-State Actors in International Investment Law : The Legal Personality of Corporations and NGOs in the Context of Investor-State Arbitration

Dumberry, Patrick - 2013

This article examines the old controversial question of the legal status of corporations under international law in light of new developments in the field of international investment law. It argues that corporations may be considered as subjects of international law in the context of bilateral...

Persistent link: https://www.econbiz.de/10013092770

The State, a Perpetual Respondent in Investment Arbitration? Some Unorthodox Considerations

Toral, Mehmet - 2013

Persistent link: https://www.econbiz.de/10013093574

The Misapprehension of Moral Damages in Investor-State Arbitration

Wong, Jarrod - 2014

There has been a pervasive failure by investment tribunals to grasp the singularly compensatory nature of moral damages awarded to investors. Critically, this failure to distinguish moral damages from other forms of reparation such as satisfaction and restitution, never mind punitive damages,...

Persistent link: https://www.econbiz.de/10013064740

Compulsory License for Access to Medicines, Expropriation and Investor-State Arbitration under Bilateral Investment Agreements : Are There Issues beyond the Trips Agreement?

Lin, Tsai-yu - 2014

In this paper, the author argues that compulsory licenses might potentially amount to indirect expropriation provided that their effects constitute a severe curtailment of the patent rights. Inasmuch as the expropriation standards in BIAs differ from those articulated under the TRIPS Agreement,...

Persistent link: https://www.econbiz.de/10013069275

Portfolio Investment : Reconceptualising the Notion of Investment Under the ICSID Convention

Dekastros, Michail - 2013

The International Investment régime has been transformed to a vibrant and constantly evolving, yet incoherent system. A point of incoherence has been the notion of ‘investment' under the ICSID Convention for which the case-law and doctrine have remained unsettled for long. Some Respondent...

Persistent link: https://www.econbiz.de/10013072707

The 'Culture of Balancing' of International Investment Law - Cultural Interests and Investors' Interests in International Investment Treaties and Arbitration

Radi, Yannick - 2013

This article claims that international investment law (IIL) strikes balances of interests that evidence the taking into account of cultural interests and leave an undeniable regulatory space to states to enact measures aiming at the protection/promotion of cultural heritage.To argue this claim,...

Persistent link: https://www.econbiz.de/10013072845

‘Denial of Justice’ Claim in Investment Treaty Arbitration : An Analysis of the Vodafone Case

Somnath, Rathin - 2013

Vodafone acquired Hutchison (India) in 2007. Post-acquisition Vodafone has faced a turbulent time dealing with the tax authorities. The liability on Vodafone to withhold Capital Gains Tax was upheld by the Bombay High Court but subsequently rejected by the Indian Apex Court. However, the matter...

Persistent link: https://www.econbiz.de/10013073964

Confusion or Clarity in Perspective : Jurisprudential Review of the Investorstate Arbitration Clause in the ASEAN-China Investment Treaty and the Award on Jurisdiction in the First...

Wei, Shen - 2013

2009. First, the Association of South East Asian Nations (“ASEAN”) and the People's Republic of China (“China”) entered … Peru (the “Award”), first ever case heard on a bilateral investment treaty (“BIT”) involving China, was rendered by the … review some key aspects of the investor-state arbitration clause in both the Award and the Treaty. The BIT practice of China …

Persistent link: https://www.econbiz.de/10013075528

Investor-State Arbitration Under TTIP : Resolving Investment Disputes in an (Autonomous) EU Legal Order

Lenk, Hannes - 2015

Controversies about the inclusion of the investment-state dispute settlement (ISDS) mechanism have been dominating the debate surrounding the ongoing negotiations of the Transatlantic Trade and Investment Partnership (TTIP) agreement in many EU countries. The level of social anxiety and the...

Persistent link: https://www.econbiz.de/10013014369

Labour Provisions and Dispute Settlement in International Investment Agreements - An Inquiry into the Politicization of the Settlement of ‘Labour Disputes’

Radi, Yannick - 2016

The promotion of sustainable development in international investment law translates into two treaty strategies, which, despite having a common ‘teleological denominator,' are characterized by two different rationales. The first strategy is well-known and extensively discussed in the...

Persistent link: https://www.econbiz.de/10012999908