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This Article posits that international law on investment protection develops as a common law through adjudication of investor-state disputes. It reviews the three prevalent theories on the development of international law on investment protection. These three theories are (a) that investor-state...
Persistent link: https://www.econbiz.de/10013051834
Modern practice of international business requires companies to structure their corporate form into one which would be advantageous and safe for the management, growth and sustainability of business. However, when corporate structuring is used to avoid obligations of the company, the latter may...
Persistent link: https://www.econbiz.de/10013100548
how development status was defined, developing world arbitrators accounted for fifteen to twenty percent of arbitrators …; and (4) for all measures used to analyze development status, arbitrators from the developing world received a … statistically lower number of appointments than their developed world counterparts. Recognizing the data revealed diversity in …
Persistent link: https://www.econbiz.de/10014135472
Claims by company shareholders seeking damages from governments for so-called "reflective loss" now make up a substantial part of the investor-state dispute settlement (ISDS) caseload. (Shareholders’ reflective loss is incurred as a result of injury to “their” company, typically a loss in...
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This article in Portuguese language traces the roots of the Brazilian resistance against international arbitration as a means for settling disputes with foreign investors. It sketches how all bilateral treaties on the protection of foreign investments signed by the Brazilian government have...
Persistent link: https://www.econbiz.de/10014192593
International investment agreements define State commitments on investment protection, but also shed light on how these commitments are to be integrated with other public policy objectives. Investment protection in the context of environmental regulation has been a frequent source of controversy...
Persistent link: https://www.econbiz.de/10013124345
The previous literature provides a highly ambiguous picture on the impact of trade and investment agreements on FDI. Most empirical studies ignore the actual content of BITs and RTAs, treating them as black boxes, despite the diversity of investment provisions constituting the essence of these...
Persistent link: https://www.econbiz.de/10013125292