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Bilateral Investment Treaties [PDF]

open access: yesSt Andrews Law Journal, 2021
This paper, “Bilateral Investment Treaties: Liberal Tools Encouraging Greater Financial Direct Investment or Economic Nationalist Instruments?” will examine the legal arguments on how best to regulate Foreign Direct Investment, especially exploring the ramifications of the widespread use of Bilateral Investment Treaties (BTIs).
Macdonald, Eamon
openaire   +3 more sources

Investment contracts are not a substitute for investment treaties [PDF]

open access: yes, 2017
International investment contracts have been viewed as an effective substitute to treaties for their capacity to protect foreign investors. Nonetheless, they have had limited uptake outside of large scale infrastructure projects, possibly because they present intractable difficulties, including costly negotiation and onerous conditions which may be ...
Collins, David
openaire   +4 more sources

Bilateral investment treaties treatment of international capital movement: time for reform? [PDF]

open access: yes, 2012
PhDWhile the freedom to move capital is necessary for foreign investors, the power of the state to regulate capital transfers is necessary to prevent volatile capital from causing financial crises as well as to mitigate such crises when they occur ...
Hussein, Amr Abbas Mohamed Adel Abbas Aly
core   +4 more sources

The Impact of Digitalization on International Investment Law: Are Investment Treaties Analogue or Digital? [PDF]

open access: yes, 2023
This article explores digitalization’s impacts on the existing international investment law regime. In particular, it examines whether international investment agreements (IIAs) apply to the digital economy, analyzing their scope of application ...
Rodrigo Polanco, Polanco, Rodrigo
core   +2 more sources

The Lubanga Case of the International Criminal Court: A Critical Analysis of the Trial Chamber’s Findings on Issues of Active Use, Age, and Gravity

open access: yesGöttingen Journal of International Law, 2014
Friendship, Commerce and Navigation (FCN) treaties are more than a historical precursor to international investment agreements (IIA) and continue to influence and inspire modern investment treaty design.
Michael E. Kurth
doaj   +1 more source

Americanization of the BIT Universe: The Influence of Friendship, Commerce and Navigation (FCN) Treaties on Modern Investment Treaty Law

open access: yesGöttingen Journal of International Law, 2014
Friendship, Commerce and Navigation (FCN) treaties are more than a historical precursor to international investment agreements (IIA) and continue to influence and inspire modern investment treaty design.
Wolfgang Alschner
doaj   +1 more source

Investment Treaties: The Reform Matrix

open access: yesAJIL Unbound, 2018
This essay proposes a matrix for understanding the dynamics of investment treaty reform. It tracks incremental, systemic, and paradigmatic reform options as applied across procedure, substance, and form.
Anthea Roberts
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

Dispute Settlement in Investment-Related Matters: South Africa and the BRICS

open access: yesAJIL 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
doaj   +1 more source

Host States’ Counterclaims on Human Rights in Practical Investment Arbitration

open access: yesAsian Journal of Law and Policy, 2022
This paper analyzes the potential hindrance to the positive results of counterclaims on human rights protection in the practical investment arbitration, then evaluates whether ASEAN Comprehensive Investment Agreement and other treaties with investment ...
Tho Thi Anh Nguyen
doaj   +1 more source

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