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by Philip Morris Asia Ltd (Philip Morris Asia) against Australia under the 1993 Agreement between the Government of Hong … Kong and the Government of Australia for the Promotion and Protection of Investments (Hong Kong–Australia Bilateral … FCTC), negotiated under the auspices of the World Health Organization (WHO), to which Australia, Uruguay and Hong Kong are …
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Significant changes to Australia’s foreign investment screening policy came into effect in 2021, modifying the Foreign … investments in Australia, including the potential for review of investments that have already been lawfully admitted into the … country. These developments increase the risk of conflict with international investment law, as reflected in Australia …
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Investor-State dispute settlement mechanisms (ISDS) are an important component of most International Investment Agreements (IIAs) and have significant influence on how disputes between States and investors are resolved. This statistical survey of a large sample of 1,660 bilateral investment...
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Government-controlled investors, including state-owned enterprises and sovereign wealth funds, have greatly expanded their international activities in recent years. This paper describes the existing policy landscape of international investments by government-controlled investors under both...
Persistent link: https://www.econbiz.de/10010463414
Advanced systems of domestic corporate law generally apply a “no reflective loss” principle to shareholder claims. Shareholder claims are permitted for direct injury to shareholder rights (such as voting rights). But shareholders generally cannot bring claims for reflective loss incurred as...
Persistent link: https://www.econbiz.de/10010463415
Corporate law in advanced domestic legal systems on the one hand, and typical treaties for the protection of foreign investment on the other hand, treat claims for damages by company shareholders differently. Advanced domestic systems generally bar shareholders from claiming for reflective loss...
Persistent link: https://www.econbiz.de/10010463416
Governments have been examining the potential role of joint government interpretations of investment treaties at OECD-hosted intergovernmental investment roundtables. Now well-established in the model BITs and treaty practice of the NAFTA governments, express provisions for such joint...
Persistent link: https://www.econbiz.de/10011582193