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.
Results
Showing 1 to 10 of 10 for “"Investor-state arbitration"”.
-
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 …
-
Confidentiality and third party participation in international investor-state arbitration
The contractual nature of arbitration as a form of alternative dispute resolution in the context of cross-border/international disputes traditionally emphasises confidentiality as one of the fundamental characteristics of international arbitration. Confidentiality is often assumed to be a common …
-
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 …
-
Why Surrender Sovereignty? Empowering Non-State Actors to Protect the Status Quo
Why do states create new judicial tools that severely limit or altogether undermine their sovereignty? Why do some states choose, moreover, to become leading innovators, adopting these new types of enforcement mechanisms significantly earlier than their peers? This dissertation focuses on the …
-
Applying principles of administrative law to investor-state treaty arbitrations
… review 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 …
-
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 …
-
Facilitating compliance and coercive enforcement of foreign investment arbitration awards
The overall integrity of the investor-state arbitration regime pivots, ultimately on parties’ ability to secure voluntary compliance or enforcement of the resulting arbitral awards. A significant proportion of cases where States have been instructed to pay investors damages have required …
-
South Africa awaits a possible new law banning foreign ownership and restricting domestic ownership of agricultural land: Is this in line with this country's obligations and commitments under the GATS and its BITS?
… fellow WTO Members in services trade and investors from its BIT partner countries. As a WTO Member and BIT partner, SA undertook various contractual obligations and commitments. The primary objective of this study is therefore to determine whether, by promulgating the proposed Bill, South …
-
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 …