Results 41 to 50 of about 473 (153)

Getting 'Real' about ISDS Reform: A Critical Realist View of International Investment Law's Status Quo [PDF]

open access: yes
Investor–State dispute settlement (ISDS) is the topic of a concerted reform effort by actors in International Investment Law (IIL). The proposals proffered by United Nations Commission on International Trade Law’s Working Group III have centred around ...
Fyock, Claiton
core   +1 more source

ASEAN and the reform of investor-state dispute settlement ::global challenges and regional options /

open access: yes, 2022
"The reform of Investor-State Dispute Settlement (ISDS) is a subject of ongoing debate in international institutions, yet an ASEAN perspective on the subject has been largely absent to date.
Calamita, Nicolas J.,   +1 more
core  

Investor-State Dispute Settlement and Indonesian Reform Policy in Mining Downstream Sector

open access: yes, 2018
To date, Indonesia has been facing the seventh ISDS (Investor-State Dispute Settlement) lawsuit case in ICSID, the most number of ICSID cases a particular country has in ASEAN.
Setiawan, Sigit, Ika, Syahrir
core   +1 more source

ISDS 2.0: Time for a Doctrine of Precedent?

open access: yes
The reform process for ISDS at UNCITRAL is reaching its climax. Within the next few years, a treaty for ‘ISDS 2.0’ should emerge from this process. A key feature of ISDS 2.0 will be a new international court for resolving investor–state disputes.
Jarrett, M.
core   +1 more source

International Investment Law and Climate Change: Reframing the ISDS Reform Agenda

open access: yesThe Journal of World Investment & Trade, 2023
Abstract Ongoing investment law reform processes take the investment treaty system as the starting point. While this can generate actionable reform options, it also entrenches ‘path dependency’ and forecloses space for more foundational questions. This article argues that, in the context of climate change, effective reform requires re-embedding debates
openaire   +1 more source

The newly proposed reforms to the ISDS mechanisms

open access: yes, 2017
The paper delivered analysed whether the newly proposed ISDS mechanisms are a step forward or a hasty ...
zarra giovanni
core  

The VCLT and the Validity, Termination, and Amendment of Treaties in Light of Ongoing ISDS Reform: Introductory Remarks

open access: yes, 2023
Many conversations regarding international investment law and ISDS are presently centred on reform initiatives. Part III of this book engages with these discussions to examine how the Vienna Convention on the Law of Treaty (VCLT) rules apply and can be ...
Gore, Kiran, Shirlow, Esme
core  

A Study on the Protection of Host States’ Interests under the Reform of ISDS Mechanism [PDF]

open access: yes, 2017
投资者与国家间争端解决机制(Investor-StateDisputeSettlement,ISDS)已然成为当代国际投资体系的核心争端解决方式。同国家与国家间争端解决机制相比,其优点在于为投资者维护自身权益、避免在东道国政府面前处于弱势地位提供了独立的平台。但是,作为主要投资争端解决方式的ISDS,在国际投资实践中扮演越来越重要角色的同时,也暴露了一系列问题。 一般认为,ISDS面临的问题包括:争端案件大幅增加;ISDS裁决案件赔偿金额高昂;投资仲裁的透明度、公正性受质疑;仲裁庭的解释权过大 ...
蓝维婕
core  

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