Towards a Reform of the Investor-State Dispute Settlement. An Assessment of the Innovation Route

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Author :
Publisher : GRIN Verlag
ISBN 13 : 334680318X
Total Pages : 30 pages
Book Rating : 4.3/5 (468 download)

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Book Synopsis Towards a Reform of the Investor-State Dispute Settlement. An Assessment of the Innovation Route by : Cosimo Marcantuono

Download or read book Towards a Reform of the Investor-State Dispute Settlement. An Assessment of the Innovation Route written by Cosimo Marcantuono and published by GRIN Verlag. This book was released on 2023-01-30 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: Academic Paper from the year 2022 in the subject Law - European and International Law, Intellectual Properties, grade: 19/20, Leuven Catholic University, language: English, abstract: After a long journey, the Court of Justice of the European Union (CJEU) finally opened to an external system of judicial review. Indeed, despite the CJEU's historically notorious lack of openness towards an Investment Court System (ICS), a positive attitude was expressed in the opinion (C-1/17). This new attitude assumes a high degree of relevance in the discussions for a reform of the current Investor-State Dispute Settlement mechanism (ISDS), whose recursive criticalities will be by this paper investigated. In relation to the latter, the effectiveness of the proposed reforms will be analysed to contribute to the discernment as to which of the reform alternatives would be most effective. The analysis that will be carried out will begin by illuminating points of conflict with the interests involved in the current system. Consequently, the reforms proposed and currently being negotiated to resolve these issues will be analysed in order to (i) verify the manner in which they propose to offer a solution to the aforementioned criticalities; and (ii) assess which of the reform alternatives is best suited in terms of effectiveness and associated risks both in terms of coordination with the existing system and scope innovativeness. In framing the reform framework under negotiation, the analysis will devote particular attention to the debate on the most suitable of the alternatives between (i) the creation of a stand-alone court of appeal and (ii) the creation of a two-tier 'multilateral investment court' (MIC).

Reshaping the Investor-State Dispute Settlement System

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Publisher : Hotei Publishing
ISBN 13 : 9004291105
Total Pages : 1043 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Reshaping the Investor-State Dispute Settlement System by : Jean E. Kalicki

Download or read book Reshaping the Investor-State Dispute Settlement System written by Jean E. Kalicki and published by Hotei Publishing. This book was released on 2015-02-04 with total page 1043 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century, editors Jean E. Kalicki and Anna Joubin-Bret offer for the first time a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has generated a strong debate, usually framed by complaints about a perceived lack of legitimacy, consistency and predictability. While some ideas have been proposed for improvement, there has never before been a book systematically focusing on constructive paths forward. This volume features 38 chapters by almost 50 leading contributors, all offering concrete proposals to improve the ISDS system for the 21st century.

Investor State Arbitration in a Changing World Order

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Publisher : BRILL
ISBN 13 : 9004390596
Total Pages : 95 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Investor State Arbitration in a Changing World Order by : Alexander W. Resar

Download or read book Investor State Arbitration in a Changing World Order written by Alexander W. Resar and published by BRILL. This book was released on 2021-06-22 with total page 95 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investor State Arbitration In A Changing World Order addresses challenges and reform proposals that dominate contemporary discussion of investor state arbitration. The authors argue that, although important for the institution’s development, current reforms are insufficient to guarantee investor state arbitration’s survival. Instead, if international investment arbitration is to survive and flourish, national governments must distribute more equally the benefits of international investment and trade.

Handbook of International Investment Law and Policy

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Publisher : Springer
ISBN 13 : 9789811336140
Total Pages : 0 pages
Book Rating : 4.3/5 (361 download)

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Book Synopsis Handbook of International Investment Law and Policy by : Julien Chaisse

Download or read book Handbook of International Investment Law and Policy written by Julien Chaisse and published by Springer. This book was released on 2021-08-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook of International Investment Law and Policy is a one-stop reference source. This Handbook covers the main conceptual questions in a logical, scholarly yet easy to comprehend manner. It is based on a truly global vision insisting particularly on Global South related issues and developments. In this respect, the Handbook of International Investment Law and Policy provides an excellent modern treatment of international investment law which is one of the fastest growing areas of international economic law. Professor Julien Chaisse, Professor Leïla Choukroune, and Professor Sufian Jusoh are the editors-in-chief of the Handbook of International Investment Law and Policy, a 1,500-page reference book, which is anticipated becoming one of the most influenced reference books in the international economic law areas. This Handbook is a highly comprehensive set of four volumes of original materials designed to cover all facets of international investment law and policy. The chapters, written by world-leading experts, explore key ideas and debates in relation to: international investment substantive law (Volume I), Investor-state dispute settlement (Volume II); interaction between international investment law and other fields of international law (Volume III); and, the new trends and challenges for international investment law (Volume IV). The Handbook will feature more than 80 contributions from leading experts (academics, lawyers, government officials), including Vivienne Bath, M. Sornarajah, Mélida Hodgson, Rahul Donde, Roberto Echandi, Andrew Mitchell, Ernst-Ulrich Petersmann, Christina L. Beharry, Krista Nadakavukaren Schefer, Leon Trakman, Prabhash Ranjan, Emmanuel Jacomy, Mariel Dimsey, Stavros Brekoulakis, Romesh Weeramantry, Nathalie Bernasconi-Osterwalder, David Collins, Damilola S. Olawuyi, Katia Fach Gomez, Jaemin Lee, Alejandro Carballo-Leyda, Patrick W. Pearsall, Mark Feldman, Surya Deva, Luke Nottage, Rafael Leal-Arcas, James Nedumpara, Rodrigo Polanco, etc. This Handbook will be an essential reference tool for students and scholars of international economic law. Policy makers and researchers alike will find the Handbook of International Investment Law and Policy useful for years to come.

The Investor-State Dispute Settlement System

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403518103
Total Pages : 441 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Investor-State Dispute Settlement System by : Alan M. Anderson

Download or read book The Investor-State Dispute Settlement System written by Alan M. Anderson and published by Kluwer Law International B.V.. This book was released on 2020-11-27 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investor-State disputes are increasing and damage awards are often significant. It is thus no surprise that the investor-State dispute settlement (ISDS) system has come under scrutiny. Perceptions have arisen that ISDS is inconsistent, lacks transparency, and is simply unfair. This book delves into the ongoing worldwide debate and discussions regarding the ISDS system. Drawing contributors from around the world, the authors provide insights on critical topics and address the key question facing the ISDS system and the international community it serves: Should the present ISDS system be reformed, replaced, or simply remain as is? The contributors represent points of view ranging from academia to practice to governmental entities, addressing such topics as: the possible consequences of wholesale replacement or elimination of the current ISDS system; mediation as an alternative to resolve ISDS disputes; the creation of a multinational investment court or appellate review mechanism; lack of an early dismissal mechanism to eliminate meritless claims; issues regarding arbitrators, including their appointment and ethical obligations; how investors may retain their right to pursue claims for violations of investment protection following termination of an agreement; a State’s right to assert a counterclaim against an investor-claimant; the role of ISDS in promoting and protecting renewable energy production; the liability of State-controlled entities; the effects and implications of third-party funding; the duty to mitigate damages in the light of excessive damages awards; and improvements and issues relating to post-award enforcement, duration, and cost of ISDS. This book considers the ongoing deliberations and reform measures proposed by UNCITRAL’s Working Group III and provides insights into how several geographic regions and economic cooperation areas have sought to address the question of reform of the ISDS system, including the European Union, the Middle East, and the new United States-Mexico-Canada Agreement. With its much-needed and deeply informed balancing of investor and State rights and duties, this book will be welcomed by all who practise in the ISDS field, including arbitrators, State governments and non-governmental organizations, regional economic organizations, and international investors.

The Future of Investment Arbitration

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Publisher : Oxford University Press
ISBN 13 : 0195371801
Total Pages : 404 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis The Future of Investment Arbitration by : Catherine A. Rogers

Download or read book The Future of Investment Arbitration written by Catherine A. Rogers and published by Oxford University Press. This book was released on 2009 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment arbitration is at the cutting edge of international law and dispute resolution, and is predicted to be a major factor in the development of the global economic system in years to come. This one-volume monograph contains contributions from leading experts on a wide range of topics of both theoretical importance and practical implication that will affect the future of investment arbitration. The highly innovative chapters combine to form a constructive and valuable discussion for all in the arbitration field. The contributors, chosen to represent the full spectrum of perspectives, are leading arbitration experts from all over the world, including ICSID insiders, US government officials, UNCTAD research personnel, seasoned investment arbitrators and counsel, and renowned legal scholars. The book is divided into three themes, with the first centering on the adequacy of UNCITRAL and ICSID arbitration rules, with particular attention to recent and proposed changes. The second theme focuses on the future of bilateral investment treaties, discussing trends in the interpretation of treaty provisions and the debate concerning the efficacy of the treaties in benefiting developing countries. The third theme revolves around the public function of investment arbitration decisions, including the use of arbitration to resolve disputes between sovereigns and the arbitrators' role as a guardian of international public policy. The Future of Investment Arbitration is unique in its outstanding range of topics and the expertise of the contributors. It previews and guides future directions in the field, as well as discussing the larger policy implications of specific rules. It includes cutting-edge analysis of empirical research regarding BITS that is essential to evaluating many assumptions about investment law and arbitration. Finally, the book takes a broad perspective, examining the rules discussed within the larger structural context of investment arbitration, and drawing investment arbitration into the wider setting of international law and corporate governance.

Multilateralizing Regionalism

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Publisher : Cambridge University Press
ISBN 13 : 0521506018
Total Pages : 743 pages
Book Rating : 4.5/5 (215 download)

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Book Synopsis Multilateralizing Regionalism by : Patrick Low

Download or read book Multilateralizing Regionalism written by Patrick Low and published by Cambridge University Press. This book was released on 2009-02-19 with total page 743 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of revised papers from the 'Multilateralizing Regionalism' conference, held at the WTO in September 2007.

Strengthening Forensic Science in the United States

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Publisher : National Academies Press
ISBN 13 : 0309142393
Total Pages : 348 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Strengthening Forensic Science in the United States by : National Research Council

Download or read book Strengthening Forensic Science in the United States written by National Research Council and published by National Academies Press. This book was released on 2009-07-29 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.

Investor-State Dispute Settlement and International Investment Agreements

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Publisher : Taylor & Francis
ISBN 13 : 1040030793
Total Pages : 218 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Investor-State Dispute Settlement and International Investment Agreements by : David Price

Download or read book Investor-State Dispute Settlement and International Investment Agreements written by David Price and published by Taylor & Francis. This book was released on 2024-06-03 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the international investment agreements and the dispute settlement mechanisms contained therein, which bind the Gulf Cooperation Council member States. The Gulf Cooperation Council (GCC), comprising Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates, is complex and unique. Recently, all member States have experienced increasing investor–state arbitration claims, while their nationals are increasingly instituting investor–state arbitrations to protect their own foreign investments. Intra-GCC disputes, though relatively rare, have also appeared, largely as a result of the recent Gulf crisis. While focussing particularly upon the investor–state dispute settlement experience of member States as respondents, the book also explores the experiences of their nationals as claimants to determine how they can approach investor– state dispute settlement in the future. The book also reflects on existing treaty-making practices, making recommendations for regional-level dispute settlement to improve upon investor–state dispute settlement outcomes. This book provides a detailed analysis of the global investor–state dispute settlement regime and international investment agreements, and it will be of interest to students, academics, and practitioners with an interest in international investment law and arbitration.

Investment Treaties and the Legal Imagination

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Publisher : Oxford University Press, USA
ISBN 13 : 0198862148
Total Pages : 273 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Investment Treaties and the Legal Imagination by : Nicolás M. Perrone

Download or read book Investment Treaties and the Legal Imagination written by Nicolás M. Perrone and published by Oxford University Press, USA. This book was released on 2021-02-11 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings a new perspective to the subject of international investment law, by tracing the origins of foreign investor rights. It shows how a group of business leaders, bankers, and lawyers in the mid-twentieth century paved the way for our current system of foreign investment relations, and the investor-state dispute settlement mechanism.

Investor-State Dispute Settlement and National Courts

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Author :
Publisher : Springer Nature
ISBN 13 : 3030441644
Total Pages : 125 pages
Book Rating : 4.0/5 (34 download)

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Book Synopsis Investor-State Dispute Settlement and National Courts by : Gabrielle Kaufmann-Kohler

Download or read book Investor-State Dispute Settlement and National Courts written by Gabrielle Kaufmann-Kohler and published by Springer Nature. This book was released on 2020-01-01 with total page 125 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book examines the multiple intersections between national and international courts in the field of investment protection, and suggests possible modes for regulating future jurisdictional interactions between domestic courts and international tribunals. The current system of foreign investment protection consists of more than 3,000 international investment agreements (IIAs), most of which provide for investment arbitration as the forum for the resolution of disputes between foreign investors and host States. However, national courts also have jurisdiction over certain matters involving cross-border investments. International investment tribunals and national courts thus interact in a number of ways, which range from harmonious co-existence to reinforcing complementation, reciprocal supervision and, occasionally, competition and discord. The book maps this complex relationship between dispute settlement bodies in the current investment treaty context and assesses the potential role of domestic courts in future treaty frameworks that could emerge from the States current efforts to reform the system. The book concludes that, in certain areas of interaction between domestic courts and international investment tribunals, the "division of labor" between the two bodies is not always optimal, producing inefficiencies that burden the system as a whole. In these areas, there is a need for improvement by introducing a more fruitful allocation of tasks between domestic and international courts and tribunals - whatever form(s) the international mechanism for the settlement of investment disputes may take. Given its scope, the book contributes not only to legal analysis, but also to the policy reflections that are needed for ongoing efforts to reform investor-State dispute settlement.

European Yearbook of International Economic Law 2020

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Publisher : Springer Nature
ISBN 13 : 3030590712
Total Pages : 449 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis European Yearbook of International Economic Law 2020 by : Marc Bungenberg

Download or read book European Yearbook of International Economic Law 2020 written by Marc Bungenberg and published by Springer Nature. This book was released on 2021-11-05 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 11 of the EYIEL focuses on rights and obligations of business entities under international economic law. It deals with the responsibilities of business entities as well as their special status in various subfields of international law, including human rights, corruption, competition law, international investment law, civil liability and international security law. The contributions to this volume thus highlight the significance of international law for the regulation of business entities. In addition, EYIEL 11 addresses recent challenges, developments as well as events in European and international economic law such as the 2019 elections to the European Parliament, Brexit and the EU-Mercosur Free Trade Agreement. A series of essays reviewing new books on international trade and investment law completes the volume.

Towards Consistency in International Investment Jurisprudence

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Publisher : BRILL
ISBN 13 : 9004337911
Total Pages : 614 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Towards Consistency in International Investment Jurisprudence by : Katharina Diel-Gligor

Download or read book Towards Consistency in International Investment Jurisprudence written by Katharina Diel-Gligor and published by BRILL. This book was released on 2017-05-22 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investor-State arbitration is currently a much-debated topic, both within the legal community and in the public at large. In Towards Consistency in International Investment Jurisprudence, Katharina Diel-Gligor addresses the alleged proliferation of inconsistent decision-making in this field – one of the main points of concern raised in the ongoing discussions. After exploring whether such criticism is appropriate at all, she goes on to examine the different causes, forms, and manifestations of the inconsistencies that exist through a detailed analysis of ICSID arbitration. The author then canvasses possible approaches to reform and concludes that an ICSID preliminary ruling system – the practicalities of which are set out in the study – is a suitable means for enhancing consistency in investment arbitration and moving towards a jurisprudence constante.

Assessment of Labour Provisions in Trade and Investment Arrangements

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Publisher : International Labor Office
ISBN 13 :
Total Pages : 204 pages
Book Rating : 4.E/5 ( download)

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Book Synopsis Assessment of Labour Provisions in Trade and Investment Arrangements by : International Labor Office

Download or read book Assessment of Labour Provisions in Trade and Investment Arrangements written by International Labor Office and published by International Labor Office. This book was released on 2016 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nearly half of trade agreements concluded in the past five years included either a labor chapter or labor provision that makes reference to international labor standards and ILO instruments. The evidence so far suggests that labor provisions have been an important tool for raising awareness and improving laws and legislations with respect to workers' rights, increasing stakeholder involvement in negotiation and implementation phases, and developing domestic institutions to better monitor and enforce labor standards. But challenges remain, particularly with respect to sustainability of impacts, coherence, and cooperative efforts. This new report, part of the Studies on Growth with Equity series, gives a full examination of the scope and effectiveness of these labor provisions.

Investment Climate Reforms

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Publisher : World Bank Publications
ISBN 13 : 1464806292
Total Pages : 253 pages
Book Rating : 4.4/5 (648 download)

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Book Synopsis Investment Climate Reforms by : World Bank World Bank

Download or read book Investment Climate Reforms written by World Bank World Bank and published by World Bank Publications. This book was released on 2015-11-02 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private firms are at the forefront of the development process, providing more than 90 percent of jobs, supplying goods and services, and representing a significant source of tax revenues. Their ability to grow, create jobs, and reduce poverty depends critically on a well-functioning investment climate--defined as the policy, legal, and institutional arrangements underpinning the functioning of markets and the level of transaction costs and risks associated with starting, operating, and closing a business. The World Bank Group has provided extensive support to investment climate reforms. This evaluation by the Independent Evaluation Group (IEG) assesses the relevance, effectiveness, and social value of World Bank Group support to investment climate reforms as it relates to concerns for inclusion and shared prosperity. IEG finds that the World Bank Group has supported a comprehensive menu of investment climate reforms and has improved investment climate in countries, as measured by number of laws enacted, streamlining of processes and time, or simple cost savings for private firms. However, the impact on investment, jobs, business formation, and growth is not straightforward. Regulatory reforms need to be designed and implemented with both economic and social costs and benefits in mind; IEG found that, in practice, World Bank Group support focuses predominantly on reducing costs to businesses. In supporting investment climate reforms, the World Bank and the International Finance Corporation use two distinct but complementary business models. Despite the fact that investment climate is the most integrated business unit in the World Bank Group, coordination is mostly informal, relying mainly on personal contacts. IEG recommends that the World Bank Group expand its range of diagnostic tools and integrate them in the areas of the business environment not yet covered by existing tools; develop an approach to identify the social effects of regulatory reforms on all groups expected to be affected by them beyond the business community; and exploit synergies by ensuring that World Bank and IFC staff improve their understanding of each other's work and business models.

EU External Action in International Economic Law

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Publisher : Springer Nature
ISBN 13 : 9462653917
Total Pages : 340 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis EU External Action in International Economic Law by : Mads Andenas

Download or read book EU External Action in International Economic Law written by Mads Andenas and published by Springer Nature. This book was released on 2020-09-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The topic of this book is the external action of the EU within international economic law, with a special focus on investment law. The aim of the volume is to provide the reader with an appraisal of the most recent trends and developments that have characterised a field that has been rapidly evolving and in which the EU has imposed itself as a leading actor. The book is aimed at academics, practitioners and graduate students as well as at EU officials and judges, all of whom should find the subject matter discussed useful for keeping updated on a scholarly discussion of relevance to case law. Mads Andenas is Professor of Law at the Faculty of Law of the University of Oslo in Norway. Luca Pantaleo is Doctor of Law and Senior Lecturer in International and European Law at The Hague University of Applied Sciences in The Netherlands. Matthew Happold is Professor of Law at the Université du Luxembourg in Luxembourg. Cristina Contartese is Lecturer in Law at the European Law and Governance School in Athens, Greece.

The ICSID Convention

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Publisher : Cambridge University Press
ISBN 13 : 0521885590
Total Pages : 1599 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis The ICSID Convention by : Christoph Schreuer (juriste)

Download or read book The ICSID Convention written by Christoph Schreuer (juriste) and published by Cambridge University Press. This book was released on 2009 with total page 1599 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID).