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Problems of Investor-State Dispute Settlement (ISDS)
Journal of Advanced Research in Law and Economics, 2020The research deals with Problems of Investor-State Dispute Settlement (ISDS) focused on Investment Arbitration. The author especially focuses on the problems under BIT (Bilateral Investment Treaties) and FTA (Free Trade Agreements. Mentioned in this article, International investment disputes are generated due to host countries and foreign investors ...
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Journal of International Trade Law and Policy, 2021
PurposeThe dominant narrative in the investor-State dispute settlement (ISDS) system is that it enables powerful corporations to encroach upon the regulatory power of developing countries aimed at pursuing compelling public interest objectives. The example of Phillip Morris, the tobacco giant, suing Uruguay’s public health measures is cited as the most
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PurposeThe dominant narrative in the investor-State dispute settlement (ISDS) system is that it enables powerful corporations to encroach upon the regulatory power of developing countries aimed at pursuing compelling public interest objectives. The example of Phillip Morris, the tobacco giant, suing Uruguay’s public health measures is cited as the most
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Is Investor–State Dispute Settlement (ISDS) Superior to Litigation Before Domestic Courts?
Journal of International Economic Law, 2015The mechanism of Investor–State Dispute Settlement (ISDS) allows private foreign investors to challenge government measures before an ad hoc international arbitral tribunal. ISDS has been in existence for a long time. Yet recently this mechanism has proven very controversial, notably in the European Union and then the United States, when it became part
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States Sued: Democracy, the Rule of Law, and Investor-State Dispute Settlement (ISDS)
International Interactions, 2016ABSTRACTInvestor-state dispute settlement (ISDS) cases have increased dramatically in recent decades, and the institutions of investment arbitration to resolve investor-state disputes constitute the core of the modern investment regime. In this article, we seek to explain the variation in the host governments’ risk of being challenged by foreign ...
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Demystifying Investor-State Dispute Settlement (ISDS)
2014Investor-State Dispute Settlement, a legal provision in Bilateral Investment Treaties (BITs) or other International Investment Agreements that gives investors a right to call for arbitration with a state, has recently become the centre of controversy in a debate over the Transatlantic Trade and Investment Partnership (TTIP).
Abbott, Roderick +2 more
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Investor-State Dispute Settlement (ISDS) Cases in the Asia-Pacific Region—The Record
2017The inclusion of Investor-State Dispute Settlement (ISDS) clauses in bilateral trade and investment agreements and in multilateral free trade agreements has recently been a matter of serious debate and it remains a topic dealt under close scrutiny amongst policy-makers.
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Spirit of the Investor-State Dispute Settlement (ISDS) reform: insights and forecasts
Журнал ВШЭ по международному праву (HSE University Journal of International Law)Notes of the speech on a satellite event “Rebalancing Investment Treaties: Implications of the New Mechanisms Proposed by the ISDS Reform” held by the International and Comparative Law Research Center (ICLRC) as part of the Russian International Arbitration Congress (RIAC) on 15 May ...
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A Study on the Sources of Law and Investor-State Dispute Settlement (ISDS) in Foreign Investment
KANGWON LAW REVIEW, 2019글로벌화의 확대에 따라 기업의 해외시장진출이 증가하고, 해외직접투자도 증가하고 있다. 우리나라도 최근 10년 사이에 해외직접투자가 2.5배나 증가하였다. 해외직접투자는 시장확대, 수익증대 등 다양한 혜택을 가져오지만, 투자유치국 정부와의 갈등, 투자유치국에서의 국가위험 (또는 정치적위험) 등에 노출되며, 분쟁해결에 어려움이 많다. 해외직접투자에서는 복잡한 법률문제가 발생하고, 다양한 법이 적용된다. 해외직접투자의 법원(source of law)에는 투자유치국의 국내법, 조약(투자보장협정), 국제협약, 국제관습법, 법의 일반원칙, 투자국의 국내법, 제3국의 국내법, 법원판결, 중재판정 등이 있다. 해외직접투자에서의 분쟁은
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SSRN Electronic Journal, 2017
This article argues from a commercial standpoint that the United Kingdom should include Investor-State Dispute Settlement (ISDS) in the new International Investment Agreements (IIAs) which it concludes following its departure from the European Union. Focusing on the procedure of ISDS rather than the substantive protections afforded by IIAs, the article
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This article argues from a commercial standpoint that the United Kingdom should include Investor-State Dispute Settlement (ISDS) in the new International Investment Agreements (IIAs) which it concludes following its departure from the European Union. Focusing on the procedure of ISDS rather than the substantive protections afforded by IIAs, the article
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SSRN Electronic Journal, 2014
The study discusses the impact of an investment protection chapter with Investor-State-Dispute-Settlement in the proposed transatlantic Trade and Investment Partnership (TTIP) on social and labour regulation and the autonomy of the social partners in regulating these matters through collective agreements.
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The study discusses the impact of an investment protection chapter with Investor-State-Dispute-Settlement in the proposed transatlantic Trade and Investment Partnership (TTIP) on social and labour regulation and the autonomy of the social partners in regulating these matters through collective agreements.
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