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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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Practical issues relating to the taxation of Real Estate Investment Trusts ("REITs") in South Africa. [PDF]
Includes bibliographical references.In this dissertation, the author focuses on the practical tax issues relating to the recently adopted South African Real Estate Investment Trust tax dispensation, by discussing international principles of Real Estate ...
Ungerer, Maryke
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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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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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Human Rights Law and the Investment Treaty Regime [PDF]
In its current form, the international investment treaty regime may stymie the business and human rights agenda in various ways. The regime may incentivize governments to favour the protection of investors over the protection of human rights.
Cordes, Kaitlin Y. +2 more
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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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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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Non-investment considerations in Investment Treaty Arbitration [PDF]
Most investor-state disputes arise out of investment treaties, and not contracts. Investor-state arbitration practices are based on rules and procedures of commercial arbitration.
Tulsyan, Aryan
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Flexibility in International Investment Law: Legal Efficacy of Public Health Escape Clauses
In article, I assess whether core terms in recent investment treaties can serve their designed objective by analysing the efficacy of public health exceptions or “escape clauses”.
Dominic Npoanlari Dagbanja
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