Results 21 to 30 of about 473 (153)
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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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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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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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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Addressing (In)Equality in Redress: Human Rights-Led Reform of the Investor-State Dispute Settlement Mechanism [PDF]
, 2023 In the context of ongoing debates concerning the reform of the investor-State dispute settlement (ISDS) mechanism, this article critiques the widely-accepted approach that seeks to fit international human rights law (IHRL) into the existing structure of ...
Deva, Surya, Van Ho, Tara
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Reforming Shareholder Claims in ISDS
, 2023 ISDS stands alone in empowering shareholders to bring claims for reflective loss (SRL) – meaning claims over harms allegedly inflicted upon the company, but which somehow affect share value.
Zarra, Giovanni +3 more
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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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Explaining China’s approach to investor-state dispute settlement reform: a contextual perspective [PDF]
, 2022 China's approach to ISDS reform is widely perceived as undecided and ambiguous. This paper provides the first detailed analysis of China's submission to the UNITRAL Working Group III and situates China's approach in the context of global dialogue of ISDS
Ming Du, Du, Ming
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The Path to Reform of ISDS: What Role for National Courts? [PDF]
, 2020 AbstractThis chapter analyzes the possible role which national courts could play in the main reform scenarios which States are currently considering, i.e., if investment arbitration is (i) reformed through targeted adjustments, (ii) supplemented with an appellate mechanism, (iii) replaced by a multilateral investment court, or (iv) supplanted by inter ...
Gabrielle Kaufmann-Kohler +1 more
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Effects of Investor-State Dispute Settlements (ISDS) on Foreign Direct Investment (FDI) Flows
Policy PerspectivesThis paper assesses how ISDS mechanisms have impacted FDI flows, using quantitative data from more than 100 countries between 2000 and 2020. By applying a differences-in-differences approach combined with a gravity model, it finds that ISDS disputes ...
Frans Lavdari, Xhulio Lavdari
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