Results 181 to 190 of about 4,236 (226)

Is Investor–State Dispute Settlement (ISDS) Superior to Litigation Before Domestic Courts?

Journal of International Economic Law, 2015
The 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, 2016
ABSTRACTInvestor-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)

2014
Investor-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, Erixon, Fredrik, Ferracane, Martina Francesca   +2 more
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Aktualisasi Mekanisme Investor State Dispute Settlement (ISDS) Dalam Sengketa Joint Venture Investor Asing Dengan Pemerintah Di Indonesia

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL, 2023
Foreign investment and business cooperation through joint ventures have emerged as key drivers of Indonesia's economic growth. The increasing influx of foreign investment into Indonesia has, in turn, given rise to disputes between foreign investors and the Indonesian government.
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Investor-State Dispute Settlement (ISDS) Cases in the Asia-Pacific Region—The Record

2017
The 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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Investor-State Dispute Settlement (ISDS): An Introduction

2021
Julien Chaisse, Leïla Choukroune, Sufian Jusoh   +2 more
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A Study on the Sources of Law and Investor-State Dispute Settlement (ISDS) in Foreign Investment

KANGWON LAW REVIEW, 2019
글로벌화의 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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The UK Should Include Investor State Dispute Settlement (ISDS) in Its Post-Brexit International Investment Agreements

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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Expanding property rights under investor-state dispute settlement (ISDS): class struggle in the era of transnational capital

Review of International Political Economy, 2018
How does the inclusion of the investor-state dispute settlement (ISDS) framework in free trade agreements impact property rights and the contested terrain between the public and the private?
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