Umbrella Clause in Bilateral Investment Treaties [PDF]
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2015 The Umbrella Clause has nearly become one of the most common rules of the mostinvestment treaties, which provides more protections for foreign investor. Providinga proper and true sense of this clause has become highly controversial issue ininternational
hamid reza oloumi yazdi +1 more
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The Right to Regulate in Investor- State Arbitration: Slicing and Dicing Regulatory Carve-Outs [PDF]
, 2016 This Article examines the “right to regulate” as the power of a sovereign state to adopt and maintain government measures for public welfare objectives. It explores how claims by foreign investors in investor–state dispute settlement (ISDS) may interfere
Korzun, Vera
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Dispute Settlement in Investment-Related Matters: South Africa and the BRICS
AJIL Unbound, 2018 Many states use investment treaties to spur economic development by granting legal protections to foreign investors and providing for direct enforcement before international arbitral tribunals. Yet South Africa has taken a different course.
Engela C. Schlemmer
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Predicting Outcomes in Investment Treaty Arbitration [PDF]
, 2015 Crafting appropriate dispute settlement processes is challenging for any conflict-management system, particularly for politically sensitive international economic law disputes.
Franck, Susan D., Wylie, Lindsey E.
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The post-Lisbon role of the European Parliament in the EU's Common Commercial Policy: Implications for bilateral trade negotiations. EU Diplomacy Paper 05/2012, July 2012 [PDF]
, 2012 This paper sets out to conduct an empirical analysis of the post-Lisbon role of the European Parliament (EP) in the EU’s Common Commercial Policy through an examination of the ‘deep and comprehensive’ bilateral Free Trade Agreements (FTAs) currently ...
Richardson, Laura
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Counterclaims in investor-state arbitration [PDF]
, 2011 This paper provides a comprehensive analysis of the legal regime governing counterclaims in investor-State disputes. It challenges the frequent presumption that the right to assert counterclaims is hindered by the fact that investment treaties impose no ...
Kryvoi, Yaraslau
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Understanding the Debate Over Necessity: Unanswered Questions and Future Implications of Annulments in the Argentine Gas Cases [PDF]
, 2012 This paper analyses possible effects on total employment, and the distribution between agency work and regular contracts as a consequence of the Swedish implementation of the EU Temporary and Agency Workers Directive in a dual labour market Mortensen ...
Martinez, Elizabeth A.
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Precedent and Control in Investment Treaty Arbitration [PDF]
, 2006 This Article\u27s thesis is that, although arbitrators in investment treaty arbitration are not formally bound by precedent in the same manner as common-law judges, there is an informal, but powerful, system of precedent that constrains arbitrators to ...
Cheng, Tai-Heng
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La competencia de la Unión Europea en la inversión extranjera directa
Foro, Revista de Derecho, 2017 El presente trabajo intenta analizar brevemente los distintos aspectos relativos a la inclusión de la inversión extranjera directa en la política comercial común de la Unión Europea, reformada por el Tratado de Lisboa.
María José Luque Macías
doaj
How Strongly Should We Protect and Enforce International Law?, University of Chicago Law School Workshop, March 2006 [PDF]
, 2006 Observers of international law are obsessed with trying to explain and predict why and when states comply with international law. Doing so, they have consistently overlooked a logically preceding, but no less important, question: To what extent should ...
Pauwelyn, Joost H. B.
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