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The paper aims to critically analyze whether the Energy Charter Treaty (hereafter “ECT”) can be considered a viable instrument to foster and safeguard the concept of sustainable development, whilst simultaneously promoting foreign investment.
Naimeh Masumy
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The New Political Economy of EU State Aid Policy [PDF]
Despite its importance and singularity, the EU’s state aid policy has attracted less scholarly attention than other elements of EU competition policy. Introducing the themes addressed by the special issue, this article briefly reviews the development of ...
A McLaughlin +32 more
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Putting the MFN Genie Back in the Bottle
This essay underscores the importance of background understandings in general international law for interpreting brief, open-ended clauses such as most favored nation (MFN) clauses. Contrary to Simon Batifort and J.
Michael Waibel
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Repurposing pipelines for hydrogen: Legal and policy considerations
As the world looks to implement the Energy Transition, repurposing existing fossil fuel infrastructure to produce or distribute “clean” energy will be critical. The most promising is using natural gas pipelines for moving hydrogen.
Suriya Evans-Pritchard Jayanti
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Control, Capacity, and Legitimacy in Investment Treaty Arbitration
Arbitration has long been the default mechanism for resolving international investment disputes. The traditional consensus favoring arbitration, however, has now given way, and reform proposals abound.
Jeremy K. Sharpe
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The global investment regime is a prime example of the so-called ‘politicization beyond the state.’ Investment agreements with an Investor–State Dispute Settlement (ISDS) mechanism have become contested in several corners of the globe, triggering a ...
Anna Herranz-Surrallés
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On Investment Law and Questions of Change
This article analyses the various ways in which investment law raises questions of change. It distinguishes between changes in international investment norms, and changes in a host state’s regulatory system which is subject to the control of such norms ...
Paine, J.
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International Law and Fair Treatment of Foreign Investments
Security and fair treatment of foreign investments are among the main goals of international investment law. At the same time they appear to have been among the most topical problems of international investment law for long time.
Dmitriy K. Labin +1 more
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Withdrawing from international regimes: bargaining power in the investment treaty regime
Why do some states withdraw from international regimes? How do others successfully renegotiate the terms of international cooperation? This thesis investigates whether, and how, the changing bargaining power relations impact treaty-based cooperation in the international investment treaty regime.
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Database Protection in a Global Economy [PDF]
In 1996, a database treaty that the European Commission had put forward, in connection with the WIPO negotiations on transmissions in cyberspace, ultimately failed to win the support of other regional groups.
Reichman, Jerome H
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