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The Formation of the International Investment Regime in the Light of Bilateral Investment Treaties

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Mirveisi, Alireza, Zakerian Amiri, Mehdi
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State liability for ‘politically’ motivated conduct in the investment treaty regime

Leiden Journal of International Law, 2019
AbstractIn 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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The Urban-Rural Divide: Spatial Inequalities and Backlash in the Investment Treaty Regime

The Italian Yearbook of International Law Online, 2021
A growing literature in international law has examined the backlash against international institutions and norms and its links with the rise of nationalist parties and populism. Some of this backlash have been said to originate with populations in small towns and rural areas socioeconomically “left-behind” by economic globalization.
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Reclaiming Regulatory Autonomy from the Investment Treaty Regime in Africa

2022
Abstract 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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The Convergence of China’s Foreign and Domestic Investment Regimes and China’s Investment Treaty Commitments

Journal of International Arbitration, 2015
The Ministry of Commerce of the People’s Republic of China has issued a Draft Foreign Investment Law that proposes to cause the convergence of the PRC’s foreign and domestic investment regimes. That convergence in its current form will result in existing rights of foreign investors being extinguished or compromised.
Seung Chong, Chin Leng Lim
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BALANCING INVESTMENT PROTECTION AND STATE’S REGULATORY SPACE IN THE LIGHT OF INVESTMENT TREATY REGIME ABSTRACT

2020
The asymmetric character of the investment treaty regime, which traditionally emphasizes state responsibility while omitting corporate accountability, has given rise to controversial debate among scholars as well as the international community. Some scholars argue that various obligations are already imposed on investors since the sources of foreign ...
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The Right to Development, Development Policy-making and the Investment Treaty Regime in Africa

2022
Abstract Chapter 5 explores the constitutional and general international law right to development and the adverse effects of investment treaties and investor–state arbitration for development policy-making and implementation in Africa.
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