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Interaction Between International and Domestic Law in Purpose of Determining Shareholders’ Rights in International Investment Disputes [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2021
International investment law protects shareholders’ rights through treaty-based arrangements. That is to say, a great number of bilateral investment treaties (BITs) identify shares as one of the types of protected investment as ICSID arbitral tribunals ...
Elham Amidimehr, Seyed Jamal Seifi
doaj   +1 more source

Institutional Factors Affecting Foreign Direct Investment and Bilateral Investment Treaties [PDF]

open access: yesپژوهش‌های برنامه و توسعه, 2023
The present study attempts to investigate the institutional factors affecting bilateral or multilateral investment treaties with regard to foreign direct investment. This is an applied research based on descriptive and correlational approach. In order to
Mostafa Heidari Haratemeh
doaj   +1 more source

Protection of Foreign Investments in Türkiye under International Law: Alignments and Dissociations with International Tendencies

open access: yesİzmir İktisat Dergisi, 2023
Protection of foreign investments under international law is treaty-based. Investment treaties are mostly bilateral, i.e. they are concluded between two states and provide the investors of each contracting party rights to a minimum standard of treatment ...
Deniz Ergene
doaj   +1 more source

Brazil’s New Investment Treaty Model: Why Now?

open access: yesVestnik RUDN. International Relations, 2022
The investment treaty regime, unlike other economic regimes, lacks common substantive multilateral rules and depends on countries signing bilateral or plurilateral investment treaties.
Lucas S. Amorim, Henrique Z. Menezes
doaj   +1 more source

Non-Precluded Measures (NPM) in Bilateral investment Treaty (BIT)

open access: yesالمجلة الدولية للعلوم الإنسانية والاجتماعية, 2022
Non-precluded measures (hereinafter NPM) clauses have become a problematic in the modern international investment regime. As an integral aspect of attempts to recalibrate the publicprivate balance in investment treaties, these clauses are intended as a ...
Abd Almohsen Alajmy
doaj   +1 more source

Nature and Scope of the Full Protection and Security Standard [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī, 2021
Full Protection and Security clause, as a standard for protecting foreign investors, is included in almost every Bilateral Investment Treaty. In comparison with other protection clauses specially Fair and Equitable Treatment, this standard is less ...
niloofar saeedi, Pouria Askary
doaj   +1 more source

INVESTMENT COURT SYSTEM SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA PENANAMAN MODAL ASING

open access: yesArena Hukum, 2023
Investment Court System (ICS) proposed by the European Union (EU) has been ratified through Bilateral Investment Treaty (BIT) between the EU and several partner countries such as Canada, Vietnam and Singapore. A study is needed to get an idea on the ICS
Fatma Muthia Kinanti, Garuda Wiko
doaj   +1 more source

Balance between Investment Protection and Sustainable Development under Tanzania-Canada BITs: Need for Progressive Domestic Investment Law

open access: yesJournal of Law and Legal Reform, 2023
Interactions between foreign investment and host community raise questions as to the proper approach to balance investment protection and sustainable development interests. This article examines how Tanzania balances investment protection with social and
Naufal Hamis Kitonka
doaj   +1 more source

Much in Little: The Umbrella Clause that Changes the International Investment Protection Standard

open access: yesHasanuddin Law Review, 2020
The umbrella clause of a Bilateral Investment Treaty (BIT) establishes an obligation for the State parties to respect all commitments entered into by an investment contract between an investor and the host country.
Kartika Paramita
doaj   +1 more source

The human rights-based approach to sustainable development: Lessons from recent African investment treaty practice

open access: yesHeliyon, 2023
This paper provides a non-exhaustive analysis of the human rights-based approach to sustainable development (HRBA to SD) contained in the Draft Pan African Investment Code (Draft PAIC), the Southern African Development Community Model BIT (SADC Model BIT)
Mao Jun Xiang   +1 more
doaj   +1 more source

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