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This article argues from a commercial standpoint that the United Kingdom should include Investor-State Dispute Settlement (ISDS) in the new International Investment Agreements (IIAs) which it concludes following its departure from the European Union. Focusing on the procedure of ISDS rather than...
Persistent link: https://www.econbiz.de/10012962204
Not all that long ago, diplomatic protection was the most efficient mechanism to resolve disputes arising out of an investment. Although today the prevalence for the resolution of investment disputes has shifted to investment arbitration, diplomatic protection has still maintained certain...
Persistent link: https://www.econbiz.de/10012904254
International investment arbitral tribunals have been facing the need of drawing the line between legitimate regulatory measures that do not constitute expropriation and measures that are tantamount to expropriation. While some tribunals have decided to focus solely on the effect of the given...
Persistent link: https://www.econbiz.de/10012910365
Precise predictions about the possible and plausible future shape of international investment law, and International Investment Agreements (IIAs) in particular, are impossible to make. But what this text evidences is the need to see the object and purpose of provisions (in their broadest sense)...
Persistent link: https://www.econbiz.de/10012911991
The author introduces Gehring's call for a multi-lateralization of Impact Assessments (IAs). IA processes in Canada, the US and the EU illustrate the complex nature of IAs and their challenges in a rapidly evolving international investment law and policy regime. IAs have expanded to include...
Persistent link: https://www.econbiz.de/10012894026
Persistent link: https://www.econbiz.de/10012937262
The most controversial issues regarding EU international investment agreements are, on the one hand, the actual extent of the EU's exclusive external competence over international investments and, on the other, the opportunity to include investor-state dispute settlement (ISDS) clauses in these...
Persistent link: https://www.econbiz.de/10012943366
This article analyses China's new Social Insurance Law and its treatment of foreigners in an international context. First discussed is the International Labour Organization (ILO) Convention 102 establishing standards and requirements for social security regimes. Second, other international...
Persistent link: https://www.econbiz.de/10012944993
This guide provides an analysis of past trade agreements, set within the context of developments in international economic relations. It shows that there can be gains from more trade and economic integration, but that there have also been losers.There are clear dangers to economic and social...
Persistent link: https://www.econbiz.de/10012945579
This is a book review of a research monograph Arbitrating Brands. In it, the author reviews the contributions of Dr Potocnik and her analysis of trade marks and brands as investment assets. The Philip Morris v Urugay and Philips Morris v Australia cases brought urgency to a better understanding...
Persistent link: https://www.econbiz.de/10012825044