Results 11 to 20 of about 473 (153)
Cogent Social SciencesThe return of the Calvo Doctrine, which emphasizes the sovereignty of host states and the primacy of local legal remedies in resolving disputes involving foreign investors, has significant implications for the reform of the Investor-State Dispute ...
Jiaqi Song
doaj +2 more sources
Mismatched commitments: treaty law solutions for multilateral ISDS reform [PDF]
Journal of International Economic LawCalls to reform the system of investor–State dispute settlement (ISDS) have progressed to the multilateral negotiation of several treaties within UNCITRAL Working Group III.
Daniel Peat, Oliver Hailes
exaly +4 more sources
Possible Reforms of ISDS: Some Considerations on the ICS in CETA
Cambridge International Law Journal, 2019 Investor-State Dispute Settlement (‘ISDS’) is a system in international law whereby foreign investors can initiate arbitration proceedings against host states. ISDS mechanisms have become ubiquitous in international investment and trade agreements, in particular bilateral investment treaties.The reform of ISDS has been subject to extensive discussion ...
Chatinakrob, Thanapat
core +5 more sources
International Investment and Indigenous Peoples' Environment: A Survey of ISDS Cases from 2000 to 2020. [PDF]
Int J Environ Res Public Health, 2021 Indigenous peoples’ environments can be easily disrupted by foreign investments, and disputes have occasionally occurred over the past few years. The objective of this research article is to examine if current international investment law, especially its
Wang C, Ning J, Zhang X.
europepmc +2 more sources
Australian and New Zealand Journal of European Studies, 2021 ESAANZ ESSAY PRIZE WINNER International investment arbitration is in a controversial state. While the systems put into place by various treaties allow an investor to protect their investments directly by initiating proceedings against a government ...
George Cadillac
doaj +1 more source
, 2022 Navigating the complex frameworks of ISDS Reform. The historical framework: the backlash against investor-state dispute Settlement. The methodological and conceptual frameworks. The European legal framework for ISDS Reform.
Marquis Laurence, Marquis, Laurence
core +1 more source
Damages and ISDS Reform: Between Procedure and Substance
Journal of International Dispute Settlement, 2021 Abstract Monetary damages is the ordinary remedy in investor-state dispute settlement (ISDS). As such, arbitral practice relating to damages has direct, practical relevance for states and investors. The size of damages awards is also amongst the core critiques of ISDS.
Jonathan Bonnitcha +3 more
openaire +2 more sources
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
doaj +1 more source
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
openaire +1 more source
Appointing Arbitrators: Tenure, Public Confidence, and a Middle Road for ISDS Reform
, 2022 Many governments now join academics and activists in questioning whether ad hoc tribunals, which comprise private individuals holding no tenured role on a court, ought to be entrusted with deciding cases, where the resultant awards sometimes impose ...
Kieff, F. Scott, Grant, Thomas D.
core +1 more source