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The Return Of The Home State To Investor State Disputes

The Return of the Home State to Investor State Disputes PDF
Author: Rodrigo Polanco
Publisher: Cambridge University Press
ISBN: 1108473385
Size: 25.45 MB
Format: PDF, ePub, Mobi
Category : Law
Languages : en
Pages : 358
View: 6847

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This book examines the role of home states to investment disputes and questions whether it represents a return to diplomatic protection.

Shifting Paradigms In International Investment Law

Shifting Paradigms in International Investment Law PDF
Author: Markus Krajewski
Publisher: Oxford University Press
ISBN: 0198738420
Size: 28.95 MB
Format: PDF, ePub, Mobi
Category : Investments, Foreign (International law)
Languages : en
Pages : 432
View: 4501

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International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from South Africa and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.

Second Thoughts

Second Thoughts PDF
Author: Armand de Mestral
Publisher: McGill-Queen's Press - MQUP
ISBN: 1928096395
Size: 13.51 MB
Format: PDF, Mobi
Category : Political Science
Languages : en
Pages : 552
View: 3195

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Criticism. Doubts. Second thoughts. Although investor-state arbitration (ISA) has been included in investment agreements between developed and developing countries since the 1960s, and provided foreign investors with a kind of private justice against developing world host states, it became increasingly controversial in developed countries when it was included in NAFTA in 1993, creating the possibility of ISA claims between and against two developed countries (the United States or Canada), as well as claims against and by a developing state (Mexico). A few years later, the OECD’s attempt to finalize the Multilateral Agreement on Investment was stymied by concerted civil society protest and opposition to ISA, and in recent years each new proposed agreement has sparked fresh rounds of protest. What engenders the controversy about ISA? While ISA’s advantage is that it prevents escalation of international conflict by relieving states from feeling obliged to espouse claims of injured investors against foreign governments, it is criticized for creating regulatory chill whereby states are reluctant to make necessary public policy reforms for fear that changes to the investment environment will lead to expensive investor claims. Are fears of litigation and expensive payouts well founded? Can key modifications to the ISA system, such as those added to the Comprehensive Economic and Trade Agreement satisfy critics and redeem this system of private justice? Is ISA really necessary between developed democracies where an independent and professional judiciary can generally be trusted to decide without fear or favour? In Second Thoughts: Investor-State Arbitration between Developed Democracies, 16 international investment legal experts have undertaken in-depth analyses of ISA’s economic, political, and social impacts when included in agreements between developed democracies. This timely volume appears at a critical moment, seeking answers to the crucial questions that will determine the next generation of international investment agreements.