Regulatory autonomy and regulatory chill in Opinion 1/17
Europe and the World, 2020 This article analyses the aspect of the Court’s reasoning in Opinion 1/17 that focuses on the regulatory autonomy of the Parties to the Comprehensive Economic and Trade Agreement (CETA) to decide on levels of protection of public interests. The European
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Journal of Education, Humanities and Social Sciences, 2023 As the ISDS mechanism has been widely applied, its shortcomings have been gradually magnified, and the host country's right to regulate has been constantly challenged by foreign investors in international investment dispute settlement, and the sovereignty and public interests of the host country have been undermined as a result. This paper examines the
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Europe’s regulations at risk [PDF]
, 2016 This repository item contains a report from the Boston University Global Economic Governance Initiative. The Global Economic Governance Initiative (GEGI) is a research program of the Center for Finance, Law & Policy, the Frederick S.
Ackerman, Frank
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Are stricter investment rules contagious?: host country competition for foreign direct investment through international agreements [PDF]
, 2015 We argue that competitive diffusion is a driver of the trend toward international investment agreements (IIAs) with stricter investment rules, namely defensive moves of developing countries concerned about foreign direct investment (FDI) diversion in ...
Neumayer, Eric +2 more
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Some Reflections on Achmea's Broader Consequences for Investment Arbitration
European Papers, 2019 (Series Information) European Papers - A Journal on Law and Integration, 2019 4(1), 79-97 | Article | (Table of Contents) I. Introduction. - II. A delicate good: autonomy of the EU legal order. - III. Consequences for CETA's Investment Court System. - IV.
Christina Eckes
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Corporate human rights obligations of investors in recent investment agreements: The progressive hardening process of CSR clauses. [PDF]
Heliyon, 2023 Francis Maïnkade B.
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Investor State Dispute Settlement (ISDS) dalam Kegiatan Investasi Asing
Jurnal Ilmu Hukum, Humaniora dan PolitikMekanisme Investor-State Dispute Settlement (ISDS) telah menjadi instrumen penting dalam penyelesaian sengketa antara investor asing dan negara tuan rumah. ISDS memberikan hak kepada investor asing untuk menggugat negara di pengadilan arbitrase internasional apabila kebijakan negara tersebut dianggap merugikan.
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Australia’s Preferential Trade Agreements: a quick guide [PDF]
This Quick Guide provides a brief background to Australia’s preferential trade agreements (PTAs; often referred to as free trade agreements), in particular what they are, what they cover and commentary on whether they have been effective in increasing ...
Eugenia Karanikolas, Tarek Dale
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Predicting Outcomes in Investment Treaty Arbitration [PDF]
, 2015 Crafting appropriate dispute settlement processes is challenging for any conflict-management system, particularly for politically sensitive international economic law disputes.
Franck, Susan D., Wylie, Lindsey E.
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The Four Regions in Settlement Space: A Game-Theoretical Approach to Investment Treaty Arbitration Part II: Cases [PDF]
, 2018 Following from Part I of this paper, which introduced the notion of decision-modelling for investor-state arbitration, Part II of the paper uses the game theoretic notions developed in Part I to explore the question of why a relatively large fraction of ...
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