The Future Of Investor State Dispute Settlement PDF Download
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| Author | : Ben Beaumont |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 255 |
| Release | : 2024-02-13 |
| Genre | : Law |
| ISBN | : 9403547731 |
Download The Future of Investor-State Dispute Settlement Book in PDF, ePub and Kindle
What makes investor-State dispute settlement (ISDS) as dynamic a field as it is – especially in comparison with international commercial arbitration – is its uncanny ability to engage directly with the most topical and pressing issues of the day, including human rights, regulation of the energy sector, and climate change and the environment more generally. This book provides a deep dive into the reality behind the causes and effects of the expressed concerns regarding ISDS and the extent to which they can and have been addressed by ongoing reform processes at national, regional, and international levels. Deeply informed insights from leading scholars and practitioners on the status quo and perspectives of ISDS shed clear light on such aspects as the following: reform instruments adopted at the UNCITRAL Working Group III; issues surrounding the legitimacy of ISDS; dispute prevention and amicable settlement mechanisms; the proposed multilateral investment court; implications of climate change and energy transition for investment policies and disputes; recent regional trends in policymaking and perspectives; the ICSID-UNCITRAL Code of Conduct; investment protection standards and dispute resolution mechanisms in recent international investment treaties; viability of the modernized Energy Charter Treaty; use of artificial intelligence; and participation of civil society organizations. As an in-depth analysis of the most recent developments in international investment law and dispute resolution, this book offers a realistic view of the reform processes, thus underlining the necessary legal and institutional measures that will translate into real-life effects in the future. With its help, policymakers and government officials will identify ongoing trends and anticipate risks that require intervention, while practitioners and the broader dispute resolution community will find valuable information about the evolving contours of investment protection treaties and ISDS. For academics and civil society organizations interested in the developments and implications of ISDS, the book provides factual, nuanced, and effective analysis of the relevant issues.
| Author | : Jean E. Kalicki |
| Publisher | : Hotei Publishing |
| Total Pages | : 1043 |
| Release | : 2015-02-04 |
| Genre | : Law |
| ISBN | : 9004291105 |
Download Reshaping the Investor-State Dispute Settlement System Book in PDF, ePub and Kindle
In Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century, editors Jean E. Kalicki and Anna Joubin-Bret offer for the first time a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has generated a strong debate, usually framed by complaints about a perceived lack of legitimacy, consistency and predictability. While some ideas have been proposed for improvement, there has never before been a book systematically focusing on constructive paths forward. This volume features 38 chapters by almost 50 leading contributors, all offering concrete proposals to improve the ISDS system for the 21st century.
| Author | : Catharine Titi |
| Publisher | : Springer Nature |
| Total Pages | : 205 |
| Release | : 2021 |
| Genre | : Conflict management |
| ISBN | : 3030589161 |
Download Public Actors in International Investment Law Book in PDF, ePub and Kindle
This open access book focuses on public actors with a role in the settlement of investment disputes. Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.
| Author | : Rodrigo Polanco |
| Publisher | : Cambridge University Press |
| Total Pages | : 373 |
| Release | : 2019-01-10 |
| Genre | : Law |
| ISBN | : 1108473385 |
Download The Return of the Home State to Investor-State Disputes Book in PDF, ePub and Kindle
This book examines the role of home states to investment disputes and questions whether it represents a return to diplomatic protection.
| Author | : Alan M. Anderson |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 441 |
| Release | : 2020-11-27 |
| Genre | : Law |
| ISBN | : 9403518103 |
Download The Investor-State Dispute Settlement System Book in PDF, ePub and Kindle
Investor-State disputes are increasing and damage awards are often significant. It is thus no surprise that the investor-State dispute settlement (ISDS) system has come under scrutiny. Perceptions have arisen that ISDS is inconsistent, lacks transparency, and is simply unfair. This book delves into the ongoing worldwide debate and discussions regarding the ISDS system. Drawing contributors from around the world, the authors provide insights on critical topics and address the key question facing the ISDS system and the international community it serves: Should the present ISDS system be reformed, replaced, or simply remain as is? The contributors represent points of view ranging from academia to practice to governmental entities, addressing such topics as: the possible consequences of wholesale replacement or elimination of the current ISDS system; mediation as an alternative to resolve ISDS disputes; the creation of a multinational investment court or appellate review mechanism; lack of an early dismissal mechanism to eliminate meritless claims; issues regarding arbitrators, including their appointment and ethical obligations; how investors may retain their right to pursue claims for violations of investment protection following termination of an agreement; a State’s right to assert a counterclaim against an investor-claimant; the role of ISDS in promoting and protecting renewable energy production; the liability of State-controlled entities; the effects and implications of third-party funding; the duty to mitigate damages in the light of excessive damages awards; and improvements and issues relating to post-award enforcement, duration, and cost of ISDS. This book considers the ongoing deliberations and reform measures proposed by UNCITRAL’s Working Group III and provides insights into how several geographic regions and economic cooperation areas have sought to address the question of reform of the ISDS system, including the European Union, the Middle East, and the new United States-Mexico-Canada Agreement. With its much-needed and deeply informed balancing of investor and State rights and duties, this book will be welcomed by all who practise in the ISDS field, including arbitrators, State governments and non-governmental organizations, regional economic organizations, and international investors.
| Author | : Gabrielle Kaufmann-Kohler |
| Publisher | : Springer Nature |
| Total Pages | : 125 |
| Release | : 2020-01-01 |
| Genre | : Conflict management |
| ISBN | : 3030441644 |
Download Investor-State Dispute Settlement and National Courts Book in PDF, ePub and Kindle
This open access book examines the multiple intersections between national and international courts in the field of investment protection, and suggests possible modes for regulating future jurisdictional interactions between domestic courts and international tribunals. The current system of foreign investment protection consists of more than 3,000 international investment agreements (IIAs), most of which provide for investment arbitration as the forum for the resolution of disputes between foreign investors and host States. However, national courts also have jurisdiction over certain matters involving cross-border investments. International investment tribunals and national courts thus interact in a number of ways, which range from harmonious co-existence to reinforcing complementation, reciprocal supervision and, occasionally, competition and discord. The book maps this complex relationship between dispute settlement bodies in the current investment treaty context and assesses the potential role of domestic courts in future treaty frameworks that could emerge from the States current efforts to reform the system. The book concludes that, in certain areas of interaction between domestic courts and international investment tribunals, the "division of labor" between the two bodies is not always optimal, producing inefficiencies that burden the system as a whole. In these areas, there is a need for improvement by introducing a more fruitful allocation of tasks between domestic and international courts and tribunals - whatever form(s) the international mechanism for the settlement of investment disputes may take. Given its scope, the book contributes not only to legal analysis, but also to the policy reflections that are needed for ongoing efforts to reform investor-State dispute settlement.
| Author | : Jonathan Bonnitcha |
| Publisher | : Oxford University Press |
| Total Pages | : 354 |
| Release | : 2017 |
| Genre | : Business & Economics |
| ISBN | : 019871954X |
Download The Political Economy of the Investment Treaty Regime Book in PDF, ePub and Kindle
Investment treaties are some of the most controversial instruments of global economic governance. This book integrates legal, economic, and political perspectives to offer the first comprehensive analysis of the political economy of the investment treaty regime, and contextualises the investment treaty regime in its broader socio-economic context.
| Author | : Borzu Sabahi |
| Publisher | : BRILL |
| Total Pages | : 70 |
| Release | : 2018-07-17 |
| Genre | : Law |
| ISBN | : 9004363033 |
Download International Investment Law and Arbitration Book in PDF, ePub and Kindle
International Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution.
| Author | : Taylor St. John |
| Publisher | : Oxford University Press |
| Total Pages | : 300 |
| Release | : 2018 |
| Genre | : Law |
| ISBN | : 0198789912 |
Download The Rise of Investor-state Arbitration Book in PDF, ePub and Kindle
Today, investor-state arbitration embodies the worst fears of those concerned about runaway globalization - a far cry from its framers' intentions. Why did governments create a special legal system in which foreign investors can bring cases directly against states? This book takes readers through the key decisions that created investor-state arbitration, drawing on internal documents from several governments and extensive interviews to illustrate the politics behind this new legal system. The corporations and law firms that dominate investor-state arbitration today were not present at its creation. In fact, there was almost no lobbying from investors. Nor did powerful states have a strong preference for it. Nor was it created because there was evidence that it facilitates investment - there was no such evidence. International officials with peacebuilding and development aims drove the rise of investor-state arbitration. This book puts forward a new historical institutionalist explanation to illuminate how the actions of these officials kicked off a process of gradual institutional development. While these officials anticipated many developments, including an enormous caseload from investment treaties, over time this institutional framework they created has been put to new purposes by different actors. Institutions do not determine the purposes to which they may be put, and this book's analysis illustrates how unintended consequences emerge and why institutions persist regardless.
| Author | : Marc Bungenberg |
| Publisher | : Springer Nature |
| Total Pages | : 222 |
| Release | : 2019-09-11 |
| Genre | : Law |
| ISBN | : 3662597322 |
Download From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court Book in PDF, ePub and Kindle
This open access book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The “feasibility study” presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.
