Results 31 to 40 of about 473 (153)

Legitimacy Crisis in Investment Arbitration: Colonialism, Neo-Colonialism, and Africa’s Role in the Reform-Work

open access: yesGerman Law Journal
This Article examines the legitimacy crisis in investment arbitration with a particular focus on Africa’s historical and contemporary experiences under the investor–state dispute settlement (ISDS) system.
Chinedu Joachin Chinedum   +1 more
doaj   +1 more source

Towards an effective appellate mechanism for ISDS tribunals [PDF]

open access: yes, 2023
Published online: 21 June 2023This Article identifies the problems of an Appellate Mechanism for ISDS Tribunals in relation with its possible benefits.
PUIG DE LA PARRA, Sergio, KUCIK, Jeffrey
core   +1 more source

UNCITRAL Working Group III on ISDS Reform: How Cross-Cutting Issues Reshape Reform Options

open access: yes, 2019
The United Nations Commission on International Trade Law (UNCITRAL) is currently working on how to reform international investment treaties, focusing in particular on those treaties’ provisions enabling investors to sue governments in international ...
Berger, Thierry   +4 more
core   +1 more source

Algorithmic Neutrality or Digital Inequality? AI and the Lessons from ISDS

open access: yesRevista Ítalo-Española de Derecho Procesal
The article argues that AI-driven judicial reform initiatives within civil justice systems repeat an established pattern in which critique is absorbed into procedure.
Esma Yağmur Sönmez
doaj   +1 more source

Examining marine pollution governance from the perspective of international investment law: theoretical connection, development trends, and China’s experience

open access: yesFrontiers in Marine Science
Global marine pollution demands effective governance measures, with international investment law playing a crucial role. This study explores ocean pollution governance through international investment law, focusing on two aspects.
Xue Liu, Zhanyang Yu
doaj   +1 more source

ISDS and Nazis or history without context : a reply to Gary Born [PDF]

open access: yes, 2022
Gary Born’s article ‘The 1933 Directives on Arbitration of the German Reich: Echoes of the Past?’ fascinates for good and not so good reasons in almost equal measure.
Zivkovic, Velimir
core  

MEDIATION AS AN AMICABLE MEANS WITHIN THE INVESTOR-STATE DISPUTE SETTLEMENT CLAUSE: A BASIC SURVEY OF RUSSIAN BILATERAL INVESTMENT TREATIES

open access: yesПравовое государство: теория и практика
In the last decade, many endeavors have been done to reform the Investor-State Dispute Settlement (ISDS) clause by International organizations such as ICSID, OECD, UNCITRAL and UNCTAD.
Abadikhah Mostafa   +1 more
doaj   +1 more source

China’s Stance on Investor‑State Dispute Settlement: Evolution, Challenges, and Reform Options [PDF]

open access: yes, 2020
China is one of the most active states in concluding bilateral investment treaties (BITs) globally. Its BITs can be categorized into three generations based on the homogeneity of the investor-state dispute settlement (ISDS) provisions within each ...
Bian, Cheng   +4 more
core   +1 more source

Breaking Free: Strategies for Governments on Terminating Investment Treaties and Removing ISDS Provisions

open access: yes
Our report, "Breaking Free: Strategies for Governments on Terminating Investment Treaties and Removing ISDS Provisions," is a guidebook for government officials and policymakers on the reform or exit of the investment treaty regime that is currently ...
Brauch, Martin Dietrich   +1 more
core   +3 more sources

Backlash Against ISDS: A Case for a Sustainable Development Approach to Investment Arbitration for Developing Countries

open access: yes, 2021
Over the years, Investor-State Dispute Settlement (ISDS) has spurred a lot of controversies on its legitimacy and integrity. The criticisms mainly stem from the obscuring effect of ISDS on legitimate government regulation and the adventurist manner in ...
Nilfat Ali
core   +1 more source

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