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The Meaning of ‘Investment’ in Investment Treaty Arbitration

2018
Abstract Despite the growing number of investor-state arbitrations and resulting jurisprudence, there is still no consensus on the criteria of investment. This chapter first examines the way ‘investment’ is ‘defined’ in bilateral investment treaties and other international investment agreements, as well as the meaning of investment in ...
Katia Yannaca-Small, Dimitrios Katsikis
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Illegal Investments in Investment Treaty Arbitration

The Law & Practice of International Courts and Tribunals, 2012
Abstract Investment treaty tribunals on numerous occasions have had to deal with the impact of breaches of domestic law by a foreign investor on the investment’s protection under an international investment treaty. In this context, tribunals had to interpret different “in accordance with host State law”-clauses contained in investment treaties, but ...
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Investment Treaties and the Threat to Biodiversity

Protecting biodiversity will require the phase-out of harmful production at a large scale. However, some of these stranded investments will be foreign-owned, and can therefore be protected by the more than 2,600 investment treaties that are in force worldwide.
Horn, Henrik   +2 more
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The Microeconomics of Investment Treaties

2017
Abstract This chapter surveys the impact of investment treaties on decision-making at the firm and government levels. The focus is on whether investment treaties’ influence on the decisions of firms and states leads to improvements in efficiency.
Jonathan Bonnitcha   +2 more
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Chinese Investment Treaties

2009
Abstract China's success in attracting foreign direct investment (FDI) in the last decade is undisputed and unprecedented. It is currently the second largest FDI recipient in the world, a success partially due to China's efforts to enter into bilateral investment treaties (BITs) and other international investment instruments.
Norah Gallagher, Wenhua Shan
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Treaties on Investment Protection

2013
Abstract This chapter looks into the treaties focused on investment protection. It examines the bilateral and multilateral agreements on the protection of investments, such as the Traditional Treaties of Friendship, Commerce and Navigation (FCN treaties).
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Investment Treaty Arbitration

2017
Abstract This chapter provides an overview of investment treaty arbitration, where a host state’s consent to investor–state arbitration is contained in an investment treaty. The first section explains the basic features of investment treaty arbitration, and compares it to other dispute resolution processes—such as domestic and ...
Jonathan Bonnitcha   +2 more
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The Investment Treaty Regime

2022
Abstract The investment treaty regime is one of the most potent, and controversial, corners of international economic governance. Yet, until recently International Political Economy (IPE) literature on the regime was focused mostly on a few narrow questions, such as whether investment treaties impact the flow of foreign direct investment.
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The Law of Investment Treaties

2010
Abstract Investment treaties grant special international protection to foreign investors, and give them a means to enforce those rights against States in which they have invested. This book examines systematically the law of international investment treaties.
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