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Bilateral Investment Treaties [PDF]
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
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Investment contracts are not a substitute for investment treaties [PDF]
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
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Bilateral investment treaties treatment of international capital movement: time for reform? [PDF]
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
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The Impact of Digitalization on International Investment Law: Are Investment Treaties Analogue or Digital? [PDF]
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
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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
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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
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Investment Treaties: The Reform Matrix
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
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Brazil’s New Investment Treaty Model: Why Now?
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
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Dispute Settlement in Investment-Related Matters: South Africa and the BRICS
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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Host States’ Counterclaims on Human Rights in Practical Investment Arbitration
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
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