Results 41 to 50 of about 39,800 (226)

Reforming International Investment Treaty Practice: Comparing Policy Innovation in Australia and Uruguay

open access: yesGlobal Policy, EarlyView.
ABSTRACT The Philip Morris lawsuits against Australia and Uruguay in the early 2010s highlighted the need to reform international investment agreement (IIA) practices to ensure that governments do not give up their regulatory autonomy for foreign investment. We undertook a policy analysis to reveal how interests, ideas and institutions shaped reform in
Dori Patay   +3 more
wiley   +1 more source

Choice of law and interpretive authority in investor-state arbitration [PDF]

open access: yes, 2017
This article rejoins one of the core debates in investor-state arbitration, over the extent to which arbitrators may refer to sources of international law beyond the investment treaty that governs the dispute.

core  

Opening the doors: Legal consequences of breaching international climate obligations in the ICJ Advisory Opinion on climate change

open access: yesReview of European, Comparative &International Environmental Law, EarlyView.
Abstract In its landmark advisory opinion on States' obligations regarding climate change, the International Court of Justice (ICJ) tackled the highly contentious issue of the legal consequences of unlawful acts and State responsibility. While the Court adopted a more cautious approach on this matter than it did when interpreting States' primary ...
Yann Kerbrat, Sandrine Maljean‐Dubois
wiley   +1 more source

Approaches to Compensation under Different Causes of Action in the International Investment Arbitration

open access: yesМосковский журнал международного права, 2012
The article addresses the issue of the principal causes of action in the international investment arbitration. The first part gives analysis of the expropriation at the present stage.
D. K. Labin, A. S. Yukhno
doaj   +1 more source

Consistently Inconsistent: What Is a Qualifying Investment Under Article 25 of the ICSID Convention and Why the Debate Must End [PDF]

open access: yes, 2016
International investment has helped to pave the way for an increasingly globalized world community. Consequently, the International Centre for Settlement of Investor Disputes (ICSID)—existing under the mandate of the World Bank and with the stated ...
Exelbert, Jeremy Marc
core   +2 more sources

Situating the ICJ's advisory opinion in the wider ecosystem of international climate litigation

open access: yesReview of European, Comparative &International Environmental Law, EarlyView.
Abstract Although international climate cases are a relatively recent phenomenon, the International Court of Justice's (ICJ) climate advisory opinion enters an increasingly well‐populated ecosystem of international climate jurisprudence. The ICJ's ruling, along with those of the International Tribunal for the Law of the Sea (ITLOS) and the Inter ...
Jacqueline Peel
wiley   +1 more source

Public and Private in International Investment Law: An Integrated Systems Approach [PDF]

open access: yes, 2014
Members of the invisible college of international investment lawyers are engaged in a fierce battle over the conceptual foundations of their common legal enterprise.
Maupin, Julie A.
core   +2 more sources

European Union’s  Withdrawal from Energy Charter Treaty: A Result of Climate Policy?

open access: yesНаучный диалог
This article analyzes the political and economic motivations behind the coordinated decision of the European Union and its member states to withdraw from the Energy Charter Treaty (ECT) in March 2024.
A. V. Zimakov
doaj   +1 more source

Human rights issues in investment arbitration cases: A new perspective? [PDF]

open access: yesPravni Zapisi, 2020
This article addresses recent human rights matters in the context of treaty-based investment arbitration. After having analyzed two recent arbitral awards, Urbaser v. Argentina and Bear Creek v. Peru, the article argues that host states' counterclaims on
Begić-Šarkinović Taida
doaj  

Evaluating a Potential US-China Bilateral Investment Treaty: Background, Context and Implications [PDF]

open access: yes, 2010
[Excerpt] This paper, prepared by the Economist Intelligence Unit for the US-China Economic and Security Council, summarises the context, current discussions and implications of a potential US-China bilateral investment treaty (BIT).
US-China Economic and Security Review Commission
core   +1 more source

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