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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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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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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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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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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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Reassertion of Control over the Investment Treaty Regime
2016Driven by public opinion in host states, contracting parties to investment agreements are pursuing many avenues in order to curb a system that is being perceived - correctly or not - as having run out of control. Reassertion of Control over the Investment Treaty Regime is the first book of its kind to examine the many issues of procedure, substantive ...
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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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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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The Urban-Rural Divide: Spatial Inequalities and Backlash in the Investment Treaty Regime
The Italian Yearbook of International Law Online, 2021A 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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Intertax, 2022
This article addresses a largely unchartered interdisciplinary research area of the global investment regime and European Union (EU) law with an emphasis on the prevention of international tax avoidance in the EU. It focuses on the intersections between newly proposed anti-tax avoidance legislation by the European Commission that is known as the ...
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This article addresses a largely unchartered interdisciplinary research area of the global investment regime and European Union (EU) law with an emphasis on the prevention of international tax avoidance in the EU. It focuses on the intersections between newly proposed anti-tax avoidance legislation by the European Commission that is known as the ...
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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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