Results 11 to 20 of about 3,743 (198)
ICSID Review - Foreign Investment Law Journal, 2021 Abstract This lecture surveys the criticisms directed at international investment agreements (IIAs) and their reliance on investor-State dispute settlement (ISDS), as well as the leading reform venues that have been addressing such criticisms: UNCTAD, ICSID, and UNCITRAL.
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Does Investor-State Dispute Settlement Discriminate Against Nationals?
German Law Journal, 2020 This Article answers the question of whether investor-state dispute settlement (“ISDS”) discriminates against nationals by providing foreign investors with an extra avenue to challenge state measures. The complaint that ISDS is discriminatory as a matter
Christian Riffel
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reconciling party autonomy and the international rule of law [PDF]
, 2019 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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The Role of the State and the ISDS Trinity
AJIL Unbound, 2018 In their article Imperfect Alternatives: Institutional Choice and Reform of Investment Law, Sergio Puig and Gregory Shaffer develop a clear and discerning comparative framework to evaluate alternatives to the current system of investor-state dispute ...
Patrick W. Pearsall
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UNCITRAL and ISDS Reform: Visualising a Flexible Framework [PDF]
SSRN Electronic Journal, 2019 In UNCITRAL, states have broken through the impasse of the incrementalist and systemic reformer camps. They have all agreed that they want to pursue systemic reform, but they have different ideas about what that entails and what to prioritise. In broad terms, agreement seems to be coalescing around three main blocks of reforms: updating some of the ...
Anthea Roberts, Taylor St John
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ISDS Reform in the Context of China’s IIAs
ICSID Review - Foreign Investment Law Journal, 2021 Abstract The investor–state dispute settlement mechanism enables investors to seek remedies in the face of a violation of related international investment agreements, which are crucial to maintaining the standards of investor protection that have been consented to by the contracting parties.
Qingjiang Kong, Kaiyuan Chen
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Who's Afraid of Reform? Beware the Risk of Fragmentation
AJIL Unbound, 2018 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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The Lessons of TPP and the Future of Labor Chapters in Trade Agreements [PDF]
, 2018 The agenda to link labor standards to trade agreements, in the hopes of improving working conditions in developing countries and preventing unfair labor competition for workers in rich countries, reached its culmination in TPP.
Santos, Alvaro
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International commercial arbitration law and practice in Bosnia and Herzegovina: Lessons from investor-state dispute settlement (ISDS) reform [PDF]
Strani pravni životInternational arbitration, both commercial and investment, is generating increasing interest and practice in Bosnia and Herzegovina (BiH), as well as more generally in the Western Balkans region.
Brodlija Fahira
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The Elephant in a Dark Room? Russia and the ISDS Reform [PDF]
China and WTO Review, 2020 The calls for reform of investment treaty regime are neither novel nor entirely unexpected. And the need for that reform has recently reached its pitiful nadir where the UNCITRAL Working Group III gathered for its first meeting in Vienna back in November-December 2017 to discuss states’ concerns about investor-state dispute settlement. States’ concerns
Dmitry K. Labin, Alena V. Soloveva
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