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(Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 645-673 | Article | (Table of Contents) I. Introduction. - II. EU and a reformed international investment order. - II.1. Post-Lisbon intra-EU developments and traditional
Arman Melikyan
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This article explores digitalization’s impacts on the existing international investment law regime. In particular, it examines whether international investment agreements (IIAs) apply to the digital economy, analyzing their scope of application ...
Rodrigo Polanco
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Bilateral Investment Treaties - a Potential Trap for Developing Economies: A Lesson from Thailand [PDF]
There is a growing concern amongst both developing and developed countries concerning the potential impact of Investor-State Dispute Settlement (ISDS) awards on the ability of a government to act in the best interest of its citizens.
Robert Brian Smith +1 more
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In December 2022, CCSI published a report titled, The Role of Investment Treaties and Investor-State Dispute Settlement (ISDS) in Renewable Energy Investments. The report confirms decades of research that legal protections in investment treaties do not have a discernible impact on promoting foreign investment flows, including in renewables. In addition,
Mehranvar, Ladan, Sasmal, Sunayana
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Is Investor-State Arbitration Unfair? A Freedom-Based Perspective
Investor-state-dispute-settlement (ISDS) is an arbitration mechanism to settle disputes between foreign investors and host-states. Seemingly a technical issue in private international law, ISDS procedures have recently become a matter of public concern ...
Ayelet Banai
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Litigating Climate Change Mitigation and Adaptation in Investment Dispute Resolution
International investment agreements (IIAs) may protect in principle every kind of foreign direct investment (FDI), including “brown” and “green” FDI. This means that potentially polluting multinational enterprises may be protected by IIAs and benefit ...
Carlo de Stefano
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The origin of Investor-State Dispute Settlement (ISDS) is an attempt to eliminate political aspects (depoliticization) in resolving investment disputes.
Syahrul Fauzul Kabir
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reconciling party autonomy and the international rule of law [PDF]
This paper focuses on one particular issue which has arisen in the course of the ongoing debate on the reform of investor-State dispute settlement (ISDS), namely that of the appointment of arbitrators.
Devaney, James
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Who's Afraid of Reform? Beware the Risk of Fragmentation
With multilateral negotiations to reform investor-state dispute settlement (ISDS) now underway, it is legitimate to wonder about the outcome. Many seem to hope for a single, global reform, but that may be unrealistic in the near future.
Catharine Titi
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Modernization of the Investor-State Dispute Settlement System: reform or revolution?
INTRODUCTION. The UN Commission on International Trade Law established Working Group III in 2017. Within the framework of this Working Group, States’ delegations and representatives of international governmental and non-governmental organizations seek to
I. M. Lifshits, A. V. Shatalova
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