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 8 of 8 for “"Investment treaty arbitration"”.
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'A Reasonably Well Organized Modern State': Investment Treaty Arbitration and the Reformation of Economic Sovereignty in Customary International Law
The international arbitration of investment treaty disputes between foreign nationals and their host States is commonly supposed to restrict the exercise of sovereignty. Yet several expressions of territorial jurisdiction have been identified by investment tribunals as presumptive rights of States, …
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Judicial Behaviour in Investment Treaty Arbitration: Politics of the Minimum Standard of Treatment under the North American Free Trade Agreement
… in the broader political regime of international investment, albeit limited to constitutive and non-constitutive institutions. This work investigates the role of institutions embedded in the broader political regime in judicial decision-making in ITA. How do institutions, with their political …
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A theory of configurative fairness for evolving International legal orders: linking the scientific study of value subjectivity to Jurisprudential thought
… in evolving international legal orders such as investment<br/>treaty arbitration.<br/><br/>The primary aim of this work is to provide a new method for gaining empirical<br/>knowledge about value subjectivity that can help close a weak link in all<br/>nonpositivist (value-laden) legal theory: a …
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The Admissibility of Shareholder Claims: Standing, Causes of Action, and Damages
… 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 shares and ii) that …
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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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Jurisdictional Aspects of Multiparty Actions in International Dispute Settlement
… has recently emerged as a contentious issue in investment treaty arbitration (ITA). Tribunals have diverged on – (1) whether multiparty actions require parties’ specific consent to adjudicate claims jointly; and (2) the situations in which claimants can pursue their individual claims jointly in …
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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 …