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The Investment Treaty Regime in Context
2017Abstract This chapter charts the rise of the global network of more than 3000 investment treaties and of investment treaty arbitration. Investors have used investment treaties to ask for compensation for a very wide range of government conduct. The chapter surveys the investment treaty regime and the investment regime complex. The regime
Jonathan Bonnitcha +2 more
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Bilateral Investment Treaties (BITs): The Global Investment Regime and Human Rights
SSRN Electronic Journal, 2017Does globalization just create welfare gains, or is it accompanied by lower accountability, reduced welfare provision, labor standards or human rights? We argue that the broad and legally enforceable protection offered to foreign investors by bilateral investment treaties (BITs) worsens the human rights practices of developing countries.
Cristina Bodea, Fangjin Ye
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Extractive separations: A Polanyian note on the international investment treaty regime
The Extractive Industries and SocietyRob Aitken
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The Investment Treaty Regime and Public Interest Regulation in Africa
2022Abstract Regulatory autonomy inheres in state sovereignty. Legally, it arises out of states’ primary duties to regulate in the public interest which are sourced from national constitutions and general international law. Accordingly, states commonly invoke national constitutions and general international law in defence of measures ...
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The Environment, Human Rights, and the Investment Treaty Regime in Africa
2022Abstract Chapter 4 focuses on human rights and environmental regulation of foreign investment. The environment and human rights are protected, in part, by the enactment or making and enforcement of environmental and human rights laws and policies.
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The Investment Treaty Regime and Development Policy Space in Ghana
2016This chapter explores the relationship between Ghana's standards of investment protection by treaty and its development policy-making and implementation obligations under the constitution of the Republic of Ghana 1992 and general international law. It advances four theses.
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The Formation of the International Investment Regime in the Light of Bilateral Investment Treaties
Normal 0 false false false EN-US X-NONE AR-SAMirveisi, Alireza, Zakerian Amiri, Mehdi
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State liability for ‘politically’ motivated conduct in the investment treaty regime
Leiden Journal of International Law, 2019AbstractIn framing investment treaty claims against host states, foreign investors routinely assert that the state’s conduct was ‘politically’ motivated. Arbitral tribunals must then grapple with these allegations. Yet, tribunals lack both a coherent conception of what constitutes politically motivated conduct and a consistent understanding of the ...
Jonathan Bonnitcha +1 more
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Reclaiming Regulatory Autonomy from the Investment Treaty Regime in Africa
2022Abstract Chapter 2 develops the imperatives theory as a theoretical and analytical framework based on theories on constituent power, constitutionalism, and the role of the state in general international law. It reviews and interprets the basic rights of citizens and corresponding duties of various African states under their constitutions,
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