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 14 of 14 for “"Investor-State Dispute Settlement"”.
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Rethinking Investor-State Dispute Settlement Reforms
… second major proposed reform, which is to limit investor access to investment arbitration. This study uses the E.C.J. decision banning almost all forms of intra-EU investment arbitration to shed light on the ramifications of such limiting of investor access to arbitration, including the upward …
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Reforming investor-state dispute settlement (ISDS): European Union flexing its normative power?
… as a normative power in its pursuit of reform of Investor-State Dispute Settlement (‘ISDS’) in the form of the European 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 …
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Solutions to investor-state dispute settlement : Republic of South Africa vis-à-vis Australia
… to the much-debated issue that the conventional investor-state dispute settlement (ISDS) regime limits a host-state's space to make regulations under public policy. Consequently, the paper makes recommendations on viable solutions that countries can implement as solutions to the ISDS problems. In …
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The interaction between public procurement policies and international investment agreements: challenges and legal implications in Kenya and South Africa
… 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 bilateral investment agreements (BITs), …
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The scope for strengthening the procedural rights of third party groups in ISDS
… groups and their lack of involvement in the Investor-State Dispute Settlement (ISDS) processes despite the negative impact on their livelihood and environment. The absence of third-party rights in ISDS has culminated in a debate, reflected in the United Nations Commission on International …
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India’s international investment agreements and India’s regulatory power as a host nation
… broad standards of treatment and give private investors the right to challenge allegedly treaty- inconsistent regulatory actions of sovereign countries at international arbitration. Over the last decade or so, such investor-state disputes have increased manifold where all sorts of regulatory …
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The development of South African investment protection law – legal protection of foreign investments under the Protection of Investment Act no. 22 of 2015 with special regard to indirect expropriation
… Investment Act sent a negative signal to foreign investors. The South African Department of Trade and Industry, on the contrary alleged that an overhaul of the current investment framework was necessary due to unacceptably limited policy space and neglect of the specific socio-economic challenges …
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Towards a more effective legal framework for investor-state arbitration in Nigeria
There has been a backlash against the Investor State Dispute Settlement (ISDS) system in recent times. Amongst other complaints, critics have argued that the ISDS whittles down the regulatory powers of states in favour of private adjudicators. These criticisms are premised on the fact that unlike …
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Towards a New Energy Charter: Re-imagining International Investment Treaties for a Just and Sustainable Energy Transition
… framework that can benefit both foreign investors as well as local communities by drawing on thinkers such as Habermas, Kuhn and Latour to deconstruct the current dual-actor paradigm of investment law and to achieve a paradigm shift towards a multi-actor approach in which local …
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Perking-up EU actorness through sustainability in foreign direct investments.
… criticism due to severely suspected bias towards investors’ interests, and a general lack of balance between the protection of public interest and that of investments. Albeit a progressive recognition of the necessity to address such question in the newer generation of investment treaties by the …
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Rage against the regime: Policy responses to international investment arbitration
… investment treaties unduly restrain states’ ability to regulate in the public interest, most notably by allowing foreign investors to file international arbitration claims directly against governments for a variety of regulatory acts. The rise of investment arbitration--also know as …
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Constitutionalisation and Institutionalisation Applied to the International Investment Regime : Toward a Uniform, Consistent and Coherent International Investment Law
… investment system, and high numbers of disputes are pending in different international dispute settlement bodies.<br/><br/>These international investment agreements are interpreted and applied by arbitrators at different investor-state dispute settlement institutions or in ad-hoc …
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Partisan politics and the resolution of international economic disputes
Why do some states settle investor-state dispute settlement (ISDS) claims more frequently than others? Prior research suggests that ISDS claim type and domestic political events influence a respondent state’s decision to settle. This dissertation investigates how government partisanship shapes …
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POTESTÀ REGOLAMENTARE E DIRITTO INTERNAZIONALE DEGLI INVESTIMENTI: LA TUTELA DELL¿AMBIENTE TRA CRISI DI LEGITTIMITÀ E PROPOSTE DI RIFORMA
… to safeguard the interests of capital-exporting States, these instruments establish treatment standards in favor of investors and grant them the right to initiate international arbitration proceeding against the host States in the event of an alleged breach of its obligations. For a while, the …