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 20 of 25 for “"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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Preferential trade and investment agreements and engagement between the trade and investment law regimes
… thesis explores engagement between the trade and investment law regimes and the extent to which this is being driven by Preferential Trade and Investment Agreements. It provides an empirical analysis of engagement between the two regimes using data from 40 PTIAs and 40 Bilateral Investment …
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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
… 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 international organizations' decisions 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
… 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, it could lead …
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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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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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Harmonising investment laws in the OHADA space
… Organisation for the Harmonisation of Business Law in Africa (OHADA) was established for the purpose of restoring legal and judicial security in the region to attract more investment. The OHADA Treaty included certain areas of business law within its ambit but omitted investment law. There are …
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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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The Effect of Bureaucracy on the Inflow of Foreign Direct Investment: A Comparative Study of Libya and the United Arab Emirates
<p>Attracting foreign direct investment (FDI) is a determinant factor for developing national economies, and Libya is no exception. However, the bureaucracy in Libya still needs to be improved to help attract foreign direct investment. Therefore, this comparative case study seeks to analyze the …
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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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Towards a more effective legal framework for investor-state arbitration in Nigeria
… on the fact that unlike commercial arbitration, investment arbitration awards may have far reaching effects on states. In response to these concerns, the United Nations Commission on International Trade Law (UNCITRAL) Working Group III and other similar bodies have been tasked to carry out …
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Stability and Legitimate Expectations in International Energy Investments: An Analysis of the Interplay between the Two Concepts
… in order to be able to secure profit from their investments. Stability provisions, as found under investment contracts or domestic laws, are the main tools that international energy investors employ in this regard. <br/><br/>Even though stabilisation clauses have been around for decades, the …
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The state as a shareholder in cases of reflective loss deriving from commercial activities in international investment arbitration
… 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 shares' value due …
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Towards a New Energy Charter: Re-imagining International Investment Treaties for a Just and Sustainable Energy Transition
… a strong case for a multilateral treaty with investment protection provisions that applies specifically to the energy sector. However, in order to adequately address the challenges ahead, the shift towards renewable energy requires a transformation of the energy sector towards a decentralised …
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Compensation in a Changing International Legal Order
… to justice for individuals in international law. In the case of mass harms, however, this dissertation demonstrates a new legal sensibility that amounts to an emerging law of international compensation (ELIC), where legal sensibility refers to a characteristic combination of ideas, forms, …
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THE INTERPLAY OF STATE AND FIRM IN ZAMBIA: PATH DEPENDENCY IN THE MINING SECTOR
… 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 South African …
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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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