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settlement (ISDS), particularly the binding arbitration mechanism since 2010. The paper concludes by highlighting some key …
Persistent link: https://www.econbiz.de/10013003088
's stance has significant implications for the future trajectory of treaty-based ISDS – and indeed international arbitration …
Persistent link: https://www.econbiz.de/10013004017
International investment arbitral tribunals are increasingly tasked with resolving regulatory disputes. This relatively new form of dispute involves a challenge by a foreign investor to a host state's generally applicable regulation, enacted in good faith to promote the public interest but...
Persistent link: https://www.econbiz.de/10013004761
International investment disputes involving African states before the International Centre for Settlement of Investment Disputes (ICSID) have generated significant critical inquiry. Yet, accounts of their contribution to the development of international investment law as a result of these...
Persistent link: https://www.econbiz.de/10012849850
The article examines awards of the International Centre for Settlement of Investment Disputes in the case of post-Soviet states. It also demonstrates post-Soviet states' statistics as a respondent in litigations under the ICSID. Among the post-Soviet states Ukraine and Kazakhstan are leaders by...
Persistent link: https://www.econbiz.de/10012855727
practice of resolving investment disputes through international arbitration, the former Gillard government, in its April 2011 …
Persistent link: https://www.econbiz.de/10013052419
Persistent link: https://www.econbiz.de/10013056387
This short paper analyses the legal arguments forwarded by the European Commission to justify the inclusion of investor-state dispute settlement (ISDS) in the current negotiations with the U.S. on the Transatlantic Trade and Investment Partnership (TTIP), notably U.S. cases that would show...
Persistent link: https://www.econbiz.de/10013056982
political units – for any action tantamount to expropriation through a supranational arbitration. In practice, this allowed …
Persistent link: https://www.econbiz.de/10013022869
Its starting point is the global debate on the legitimacy of the treaty-based regime for the promotion and protection of international investment and investor-State dispute settlement (ISDS). The article considers that the debate will promote constructive change if it is informed by States and...
Persistent link: https://www.econbiz.de/10012988197