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Groningen Journal of International Law, 2021 Both branches of international economic law – international investment and trade law are currently in crisis. Many reforms have been proposed to cure the shortcomings of their dispute resolution mechanisms.
Agata Zwolankiewicz
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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
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Why Europe Should Reconsider its Anti-Arbitration Policy in Investment Disputes [PDF]
Access to Justice in Eastern Europe, 2019 This paper addresses the current challenges to investor-state arbitration in Europe. Two parallel developments are outlined: the current change in the EU policy towards arbitration provisions in multilateral and bilateral investment treaties, and the ...
Alan Uzelac
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Embedded Neoliberalism and the Legitimacy of the Post-Lisbon European Union Investment Policy
Politics and Governance, 2022 Much has been written about the ongoing legitimacy crisis of the global investment treaty regime and the system of investor-to-state dispute settlement (ISDS).
Bart-Jaap Verbeek
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The Composition of a Multilateral Investment Court and of an Appeal Mechanism for Investment Awards
SSRN Electronic Journal, 2017 This report is a supplement to the report by the same authors entitled “Can the Mauritius Convention serve as a model for the reform of investor-State arbitration in connection with the introduction of a permanent investment tribunal or an appeal mechanism? Analysis and roadmap” (“CIDS Report”). It analyzes in more depth one aspect already addressed in
Gabrielle Kaufmann-Kohler +1 more
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European Papers, 2021 (Series Information) European Papers - A Journal on Law and Integration, 2021 6(3), 1255-1268 | European Forum Insight of 23 December 2021 | (Table of Contents) I. Introduction. - II. Background. - III. Jurisdiction. - III.1.
Jed Odermatt
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, 2022 In FY22, Multilateral Investment Guarantee Agency (MIGA) issued 4.9 billion dollars in new guarantees across a record 54 projects. The projects focused on encouraging private investors to work with host
Multilateral Investment Guarantee Agency
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Litigating Climate Change Mitigation and Adaptation in Investment Dispute Resolution
Athena, 2023 International investment agreements (IIAs) may protect in principle every kind of foreign direct investment (FDI), including “brown” and “green” FDI. This means that potentially polluting multinational enterprises may be protected by IIAs and benefit ...
Carlo de Stefano
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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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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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