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Dispute settlement provisions in international investment agreements : a large summary survey
Pohl, Joachim; Mashigo, Kekeletso; Nohen, Alexis - 2012
survey of a large sample of 1,660 bilateral investment treaties (BITs) identifies the main parameters of ISDS regulation in … domestic procedural frameworks, despite a broad trend toward greater regulation in treaties of parameters of ISDS. Many …, characterised by significantly more thorough ISDS regulation and pioneered by some countries, seems to spread increasingly in …
Persistent link: https://www.econbiz.de/10009685837
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Investment treaties and shareholder claims : analysis of treaty practice
Gaukrodger, David - 2014
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
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Investment treaties and shareholder claims for reflective loss : insights from advanced systems of corporate law
Gaukrodger, David - 2014
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
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The economics of investor protection : ISDS versus national treatment : presented at CESifo Area Conference on Global Economy, May 2015
Kohler, Wilhelm; Stähler, Frank - 2016 - Version of February 16, 2016
two-period model where foreign investment is subject to domestic regulation and a holdup problem. It shows that ISDS can …
Persistent link: https://www.econbiz.de/10011431559
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Temporal validity of international investment agreements : a large sample survey of treaty provisions
Pohl, Joachim - 2013
International investment agreements (IIAs) almost universally define their temporal validity and thus set conditions for States’ exit from these treaties. This study presents the results of the survey of language that determines the temporal validity of 2,061 bilateral investment agreements...
Persistent link: https://www.econbiz.de/10010230658
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State-to-state dispute settlement and the interpretation of investment treaties
Gaukrodger, David - 2016
Many governments have expressed concerns about the uncertainty linked to the perceived inconsistency of treaty interpretation in Investor-State dispute settlement (ISDS). An OECD-hosted intergovernmental investment roundtable has been considering a range of tools through which governments can...
Persistent link: https://www.econbiz.de/10011582200
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More stringent BITs, less ambiguous effects on FDI? : Not a Bit!
Berger, Axel; Busse, Matthias; Nunnenkamp, Peter; Roy, … - 2010
We focus on investor-state dispute settlement provisions contained in various, though far from all, bilateral investment treaties as a possible determinant of BIT-related effects on bilateral FDI flows. Our estimation results prove to be sensitive to the specification of these provisions as well...
Persistent link: https://www.econbiz.de/10003956967
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Do trade and investment agreements lead to more FDI? : Accounting for key provisions inside the black box
Berger, Axel; Busse, Matthias; Nunnenkamp, Peter; Roy, … - 2010
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/10008652617
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Regulatory chill and the effect of investor state dispute settlements
Janeba, Eckhard - 2016
Legal conflicts between multinational firms and host governments are often decided by international arbitration panels - as opposed to courts in the host country - due to provisions in international investment agreements known as Investor State Dispute Settlements (ISDS). Critics fear that ISDS...
Persistent link: https://www.econbiz.de/10011565569
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Bilateral investment treaties do work : until they don't
Aisbett, Emma; Busse, Matthias; Nunnenkamp, Peter - 2016
The recent boom of investor-state disputes filed under international investment agreements has fueled a controversial academic and policy debate. Despite its importance, there has been very little work to date on the impacts of compensation claims by investors on FDI flows to the responding host...
Persistent link: https://www.econbiz.de/10011413955