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Background Public health concerns relating to international investment liberalization have centred on the potential for investor-state dispute settlement (ISDS)-related regulatory chill.
Penelope Milsom +3 more
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Bursting Policy Bubbles: The International Investment Treaty Regime [PDF]
The growth in the signing of international investment agreements (IIAs) in the period 1990 to 2009 can be characterised as an international public policy bubble. Like the rise of privatisation at the domestic level, the expansion of this international treaty regime was arguably premised on an over-estimation of the benefits of protection of foreign ...
Daniel Behn +2 more
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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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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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Scholars and negotiators often assert that model treaty texts published by international institutions (IIs) shape investment treaty design. This paper empirically investigates the reuse of international institutions’ treaty templates.
Elsig, Manfred +2 more
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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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Extractive separations: A Polanyian note on the international investment treaty regime
Rob Aitken
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Evolution in Investment Treaty Law and Arbitration
International investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century - and its exponential growth over the last decade - new levels of complexity, uncertainty and substantive ...
Miles, Kate,, Brown, Chester,
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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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