Một trong các biện pháp bảo hộ đầu tư quan trọng của các hiệp định về đầu tư là cơ chế giải quyết tranh chấp giữa nhà đầu tư và nhà nước (ISDS). Cơ chế này cho phép nhà đầu tư nước ngoài có thể khởi kiện nhà nước tiếp nhận đầu tư khi họ bị xâm phạm các ...
Nguyễn Thuỳ Dương +1 more
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Negotiating healthy trade in Australia: health impact assessment of the proposed Trans-Pacific Partnership Agreement [PDF]
Drawing on leaked texts of potential provisions of the proposed Trans-Pacific Partnership Agreement, this health impact assessment found the potential for negative impacts in the cost of medicines, tobacco control policies, alcohol control policies, and ...
Anne Marie Thow +4 more
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The autonomy of EU law and international investment arbitration [PDF]
This article argues that, in the context of international investment law, the principle of autonomy need not be construed as broadly as the recent judgment in Achmea may appear to suggest.
Koutrakos, P.
core +1 more source
The European Union’s approach to ISDS is examined based on the available textual evidence in proposed or negotiated trade agreements. The evaluation focuses on three criteria: judicial independence, procedural fairness, and balance in the allocation of ...
Gus Van Harten
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Understanding the debate about policy space: from the WTO to EU FTAs [PDF]
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Gheyle, Niels, Martens, Deborah
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‘Facultative’ and ‘Functional Mixity’ in light of the Principle of Partial and Imperfect Conferral. College of Europe Research Paper in Law 03/2019 [PDF]
The concept of ‘facultative mixity’ as first coined by Allan Rosas3 has sparked a much heated debate.4 Is it a matter of political expediency in the EU Council to decide on the mixed nature, or not, of a given agreement in so far as it falls within ...
Govaere, Inge
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The ISDS Mechanism and Standards of Protection in the Investment Treaty
International investment activities require legal certainty for investors. While the host country also needs legal certainty related to state sovereignty, legal protection is needed for investors and the host country to realize legal certainty in ...
Pandu Rizky Putra Pratama, Prita Amalia
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The EU’s competence to conclude trade agreements: the EU-Singapore Opinion [PDF]
A definitive reassessment of the constitutional, economic, institutional and judicial dimensions of the EU internal market, including ...
Koutrakos, P.
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Investor State Dispute Settlement: Institutionalising "Corporate Exceptionality"
This paper scrutinises the Investor-State Dispute Settlement (ISDS) mechanism, which allows foreign investors to sue host governments for any regulations that might directly or indirectly affect private investments.
Pablo Leandro Ciocchini, Stefanie Khoury
doaj
The Rockefeller Brothers Fund's Democratic Practice Global Governance Portfolio: Impact Assessment, 20102015 [PDF]
This report evaluates the progress of the Rockefeller Brothers Fund (RBF) Democratic Practice–Global Governance (DP-GG) portfolio in the context of the program-specific goal, strategies, and the RBF mission.
Kristen Hite, Melissa Shackleton Dann
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