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 “"Investment disputes"”.
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Settling Environment-Related Investment Disputes: Current Approaches and A Way Forward
… relationship between the laws governing foreign investment and environmental protection started to receive well-deserved attention. Despite a vast quantity of recommended methods and emphasis on the importance of environmental considerations, recent awards have proved that the outcomes can still …
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TAX DISPUTES IN INVESTOR-STATE ARBITRATION
This thesis examines tax disputes adjudicated by investor-state tribunals. I argue that the nature of taxation – a compulsory levy – is unlike any other state regulatory measure such as an environmental or a public health measure. I suggest that tax-related investment disputes constitute a unique …
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Chinese investments in Africa: Evaluating, how the FOCAC Multilateral Framework contributes to legal cooperation
Chinese investments in Africa, are visible in almost all African Countries. In many ways, one could claim, China's commercial activities in Africa has rebranded its image from a dark and desolate continent to an upcoming economic hub. To compliment these commercial activities, the Forum on …
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Harmonising investment laws in the OHADA space
… 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 several laws on investment in the region at the national, regional and sub-regional level that regulate the treatment of …
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Solutions to investor-state dispute settlement : Republic of South Africa vis-à-vis Australia
… largely due to the differing levels of outward investments that are present in these categories of countries. The paper recommends, inter alia, that, unlike developed countries, developing countries and least-developed countries should abrogate the conventional ISDS regime and only retain it in …
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The interaction between public procurement policies and international investment agreements: challenges and legal implications in Kenya and South Africa
Background and context: International investment agreements refer to ‘agreements regarding a State’s treatment of investments made by individuals or companies from another State.’13 According to the International Centre for Settlement of Investment Disputes (ICSID), these may be bilateral such as …
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Rethinking Investor-State Dispute Settlement Reforms
… reforms: (1) establishing an international investment court and (2) limiting access to arbitration. The first study will focus on the effect of establishing an international investment court parallel with the current ISDS system by studying the establishment of the Arab Investment Court from …
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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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International Arbitration - protection of foreign direct investments and foreign investment dispute settlement under ICSID and the bilateral investment treaties
… under the International Centre for Settlement of Investment Disputes (ICSID) in connection with protection mechanism of Bilateral Investment Treaties (BITs). It shall analyse the achievements of ICSID and BITs and their influence of foreign direct investments, investors and the host country. …
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Compensation in a Changing International Legal Order
… international legal principles. Armed conflicts, investment disputes and environmental disasters are just a few of the horrendous scenarios in which violations of international law harm large numbers of individuals. ELIC thus provides extraordinary opportunities for redress at the international …
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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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Arbitrations Involving States And Foreign Private Parties: A Study In Contemporary Legal Process
… international arbitrations of private commercial disputes, but reflecting at the same time singular values that must be fostered if the institution is to play a beneficial role in the international community. A study of institutional forms of arbitration designed primarily to resolve commercial …
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The International Responsibility of the European Union in International Economic Law
… Member States are the primary respondents in investment disputes. The findings of this thesis are then applied to the question of responsibility of the EU and its Member States under new-generation free trade agreements, such as the EU-Canada Comprehensive Economic and Trade Agreement (CETA). …
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Contracting sustainable and responsible energy investment: trends, actors and grass-roots innovations for multi-level governance
… by which the protection of foreign direct investment (FDI) in the energy sector is reconciled with other values of sustainable development through a ‘State-Investor-Population (S-I-P) Triangle’ lens. FDI is a major engine of the world’s economy. Both the UN’s 2015 Addis Ababa Action Agenda …
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Applying principles of administrative law to investor-state treaty arbitrations
… of the administrative actions of a host state in investment arbitration. This research examines the extent to which the principles of domestic administrative law can be used as a legal reference for investment arbitrators to address and resolve the legal issues presented in regulatory disputes …