Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 16 of 16 for “"International Investment Law"”.
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Trade Secrets and International Investment Law
… by bringing claims against those states under investment promotion and protection treaties. While the protection of trade secrets has been noted by commentators, there is yet to be a detailed analysis of the protection of trade secrets under international investment law. To carry out that …
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Constitutionalisation and Institutionalisation Applied to the International Investment Regime : Toward a Uniform, Consistent and Coherent International Investment Law
International investment law has been developing for centuries. During the development process of international investment law, legal norms and principles of international investment law are evolved and shaped as sui generis nature, and separate legal regime as a branch of international law. The …
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Appropriate comparator in national treatment under international investment law : relevance of GATT/WTO, EU and international human rights jurisprudences
… state of the national treatment provision in the investment treaties has provided limited guidance for the tribunals for interpretation. As a result, there were inconsistencies in the interpretation of national treatment, in particular the question of likeness. This thesis aims to develop the …
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The development of international investment law : lessons from the OECD MAI negotiations and their application to a possible multilateral agreement on investment
<p>This dissertation analyses developments in the international regulation of foreign direct investment (FDI). The international legal framework of investment encompasses numerous binding or non-binding legal instruments, including customary international law, bilateral investment treaties, and …
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Towards an Optimal Legal Framework and Methodology for Quantification and Valuation of Damages in Claims Arising From Breach of the Fair and Equitable Treatment Standard of Investment Protection Under International Investment Law
… least understood and most neglected aspect of international investment arbitration. It involves quantification and valuation of compensation using complex frameworks made up of components that comprise legal and financial elements. Where quantification and valuation is not carried out properly, …
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Perking-up EU actorness through sustainability in foreign direct investments.
… constantly metamorphosing EU legal order, the law of foreign direct investment has evolved from a scattered and limited implied power to an exclusive competence, expressly provided for in the Treaty. International investment law for its part has endured in the last years great criticism due to …
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Concepts of proportionality in investment protection of patents and access to health resources
This thesis seeks to demonstrate why investment protection of patented health resources is disproportionate and how the disproportionate power can be mitigated. The argument asserts that the protection of patented health resources under international investment agreements (“IIAs”) goes beyond the …
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Reforming investor-state dispute settlement (ISDS): European Union flexing its normative power?
… Commission’s (‘Commission’) proposals on the Investment Court System (‘ICS’). The EU has emerged as a major player in international investment, and the EU is pursuing reform of ISDS in its new generation of trade and investment agreements. This dissertation seeks to contribute to Normative …
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The Admissibility of Shareholder Claims: Standing, Causes of Action, and Damages
… and inadequate consideration of the applicable law in shareholder claims in investment treaty arbitration. It challenges the application by investment tribunals of two basic premises: i) that shareholders are entitled to claim for damages vis-à-vis measures against the company in which they hold …
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Stability and Legitimate Expectations in International Energy Investments: An Analysis of the Interplay between the Two Concepts
… concept has been considered a shelter by international energy investors against unilateral host state actions. Investors constantly look for ways to ensure a stable legal environment in host states in order to be able to secure profit from their investments. Stability provisions, as found …
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The state as a shareholder in cases of reflective loss deriving from commercial activities in international investment arbitration
… of the legal position of state shareholders in International Investment Arbitration in case of shareholders' claims for reflective loss deriving from commercial investments. The reflective loss principle refers to direct claims brought by shareholders who have suffered a reduction in their …
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THE INTERPLAY OF STATE AND FIRM IN ZAMBIA: PATH DEPENDENCY IN THE MINING SECTOR
… and as a consequence of that, the development of international investment law and regional integration. This research utilises the critical juncture framework to determine the genesis of path dependence in the Zambian mining sector, that of the split between mines and state. In 1924 the British …
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What are the implications of South Africa's Protection of Investment Act on the SADC regions' aims to harmonise investment policy within the region, and how can possible inconsistencies and challenges be overcome?
… the country did not attract significant foreign investment due to the economic sanctions imposed by the international community in response to the crimes of apartheid. Between 1993 and 1995, the newly elected democratic government of South Africa concluded its first bilateral investment …
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Balancing the need for investment and environmental protection : a case study of The Gambia
Investment is globally considered as an expeditious and sustainable method of assuring economic growth and development. The case is no different for The Gambia who has constantly made it its priority to boost its economy and improve the standard of living of its citizens. However, recent economic …
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The scope for strengthening the procedural rights of third party groups in ISDS
… reflected in the United Nations Commission on International Trade Law (UNCITRAL) discussions, on the development of a framework for third party access to the ISDS system. This thesis informs the UNCITRAL reform process by interrogating the concept of third-party rights in ISDS and seeking …
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The Double Life of State-Owned Enterprises in International Economic Law: States, Corporations or Both?
… aim of this research project is to analyse the international norms in force regulating whether SOEs are considered state or non- state actors, and their conduct state or non-state conduct, the interpretation and application of these norms by adjudicators in different international regimes, and …