Results 61 to 70 of about 2,126 (217)
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
Abstract The United Nations Commission on International Trade Law (UNCITRAL) has produced the most robust international insolvency regime applicable to countries around the world. The Model Law on Cross‐Border Insolvency (1997) is widely accepted and already very popular among African countries.
Pontian N. Okoli
wiley +1 more source
peer reviewedArbitrators in investment treaty arbitration have not been reluctant to express their views that the access to international arbitration forms part of the substantive protection of investors.
RADOVIĆ, Relja, Relja Radović
core +1 more source
THE FATE OF INVESTMENT DISPUTE RESOLUTION AFTER THE ACHMEA DECISION OF THE EUROPEAN COURT OF JUSTICE
This article explores the contents and consequences of the Achmea judgment recently given by the European Court of Justice (6 March 2018, case C-284/16). In its first part, the article analyses the judgment from a European point of view.
Burkhard Hess
doaj +1 more source
National identity after conquest
Abstract Conquering powers routinely adopt state‐directed nationalization projects that seek to make the boundaries of the nation coterminous with the (newly expanded) boundaries of the state. To this end, they implement policies that elevate the economic status of individuals who embrace the occupier's national identity and discriminate against those ...
Christopher Carter, Daniel W. Gingerich
wiley +1 more source
Arbitragem de investimentos e princípios do direito ambiental: precaução e poluidor-pagador podem exercer papel na interpretação de padrões de tratamento a investidores? [PDF]
Dissertação (mestrado) - Universidade Federal de Santa Catarina, Centro de Ciências Jurídicas, Programa de Pós-Graduação em Direito, Florianópolis, 2015.Esta dissertação enfrenta a problemática ambiental no direito internacional dos investimentos ...
Pires, Bernardo Rohden
core
Abstract Recent bilateral and plurilateral regional trade agreements (RTAs) increasingly incorporate climate‐related provisions, signalling a potential convergence of international trade and climate law. This trend goes beyond defensive provisions seeking to avoid conflicts between the two legal regimes, such as exceptions recognising climate change as
Andreas Buser
wiley +1 more source
Disputes involving an environmental component continue to be at the forefront of ongoing legitimacy debates in investment treaty arbitration. Critics of the international investment regime contend that arbitration favors the property rights of foreign ...
Langford, M, Behn, D
core +1 more source
The critical date for the assessment of the investor's nationality [PDF]
Several recent arbitral awards on jurisdiction in investment disputes have centred around the issue of the critical date for the assessment of the individual investor's nationality. While anonymously holding that an investor must be a foreign national at
Stanivuković Maja D.
doaj
Abstract Just Energy Transition Partnerships (JETPs) are novel financing mechanisms that encourage coal‐dependent emerging economies to transition away from fossil fuels. JETPs aim to facilitate coal phaseout and transitions to renewable energy through private and public financing.
Francine Hug
wiley +1 more source

