Results 81 to 90 of about 15,353 (213)

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 Right to Regulate in Investor- State Arbitration: Slicing and Dicing Regulatory Carve-Outs [PDF]

open access: yes, 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
core   +3 more sources

Electricity companies in Latin America 2007 [PDF]

open access: yes, 2007
This report surveys the multinational, local, and private equity companies involved in electricity supply in Latin America, and discusses some continuing issues, including compensation claims, and the role of public finance in restructuring and ...
Hall, David
core  

NAFTA Chapter 11 Investor-State Cases: Lessons for the Central America Free Trade Agreement [PDF]

open access: yes, 2005
This report describes how Canadian cattle producers are using NAFTA to demand $300 million in compensation from U.S. taxpayer funds, claiming that the Canadian cattle import ban instituted after mad cow disease was found in Canada violates their NAFTA ...
Lori Wallach, Mary Bottari
core  

Provisional Measures in ICSID Arbitration from "wonderland's Jurisprudence" to Informal Modification of Treaties [PDF]

open access: yes, 2017
Since 1999, ICSID tribunals have almost systematically held that they have the power not only to recommend but also to order provisional measures under Article 47 of the ICSID Convention and Rule 39 of the Arbitration Rules.
Gazzini, Tarcisio, Kolb, Robert
core   +2 more sources

Balancing The State’s Right To Regulate with Foreign Investment Protection: A Perspective Considering Investment Disputes in the South American Region

open access: yesGroningen Journal of International Law, 2018
Some of the challenges in reforming the international investment framework have derived from investor-state disputes, where host states have been sued for environmental or health regulations. Clauses regarding investor-state dispute settlement mechanisms
Maria A. Gwynn
doaj   +1 more source

Replacing failed private water contracts [PDF]

open access: yes, 2010
Failed private water concessions have been terminated and replaced with public sector operations in many countries.
Corral, Violeta   +2 more
core  

Uluslararası Yatırım Tahkiminde Dava Hakkının Kötüye Kullanılması ve Cascade v Türkiye ICSID Kararının Değerlendirilmesi

open access: yesSakarya Üniversitesi Hukuk Fakültesi Dergisi/Sakarya Hukuk Dergisi
Uluslararası yatırım tahkimi genellikle devletler arasında yapılmış yatırımların teşviki ve korunması anlaşmalarının (YKTK) kabul ettiği usulde yabancı yatırımcı ve ev sahibi devlet arasında gerçekleşir. Bu davalar ad hoc olabileceği gibi ICSID, PCA gibi
Ahmet Dülger
doaj   +1 more source

Legitimacy Issues in Investor-Treaty Arbitration and How a Permanent Court May Be the Best Solution

open access: yesGroningen Journal of International Law, 2019
Investor-treaty dispute settlement is used by States and investors to resolve disagreements that investors may have with regard to their investment in the host state.
Hasanali Pirbhai
doaj   +1 more source

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