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International investment arbitration can be said to be built on a great asymmetry: on the one hand, foreign investors are endowed with a set of significant rights, most notably the right to initiate disputes before arbitration tribunals; on the other hand, States and citizens of the host State...
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The Precautionary Principle, widely adopted at national and international level, has been harshly criticized by both academic scholars and policy makers. A key argument is that the Principle, if interpreted with balance, should amount to nothing but the application of cost-benefit analysis (CBA)...
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Emissions trading is becoming increasingly popular in environmental law. Allowances to trade emissions can either be auctioned off or handed out free of charge by means of grandfathering. Although grandfathering is frequently used in emissions trading schemes, it is a popular view in the...
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In 2019, the Dutch government presented a New Model Investment Agreement that seeks to contribute to the sustainability and inclusivity of future Dutch trade and investment policy. This article offers a critical analysis of the most relevant parts of the revised model text in order to appraise...
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