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 12 of 12 for “"investment arbitration"”.
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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 …
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Rage against the regime: Policy responses to international investment arbitration
… literature is the notion that the international investment regime is experiencing backlash. At the center of this backlash is the belief that international investment treaties unduly restrain states’ ability to regulate in the public interest, most notably by allowing foreign investors to file …
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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 more effective legal framework for investor-state arbitration in Nigeria
… are premised 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 …
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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 …
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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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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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“Authorities” in International Dispute Settlement: a Data Analysis
International litigation and arbitration hinges on the use (and, sometimes, misuse) of “authorities” (i.e., precedents and the teaching and writings of “publicists”). Parties spend time and effort marshalling supportive authorities, distinguishing or refuting unhelpful ones, and monitoring legal …
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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
… about the most complex and challenging phase of arbitration and until recently, the least understood 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 …
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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 …