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THE UNITED STATES 2004 MODEL BILATERAL INVESTMENT TREATY AND DENIAL OF JUSTICE IN INTERNATIONAL LAW

Stephen M. Schwebel

in International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199571345
eISBN:
9780191705472
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571345.003.0027
Subject:
Law, Public International Law, Private International Law

In 2004, the United States government adopted and published a Model Bilateral Investment Treaty that substantially revised the Model Bilateral Investment Treaty previously employed by it in ... More


MFN CLAUSES AND DISPUTE RESOLUTION IN INVESTMENT TREATIES: HAVE WE REACHED THE END OF THE ROAD?

Kaj Hobér

in International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199571345
eISBN:
9780191705472
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571345.003.0004
Subject:
Law, Public International Law, Private International Law

This chapter focuses on the role of the most-favoured-nation (MFN) clause in the BIT. It considers the RosInvest decision, which is believed to be the first case where an arbitral tribunal has ... More


MONITORING OF DOMESTIC COURTS IN BIT ARBITRATIONS: A BRIEF INVENTORY OF SOME ISSUES

Christoph Liebscher

in International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199571345
eISBN:
9780191705472
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571345.003.0009
Subject:
Law, Public International Law, Private International Law

This chapter considers the issues that arise when the activity (or inactivity) of domestic courts becomes an issue in investment arbitration. Topics covered include types of ‘denial of justice’; two ... More


Bilateral Investment Treaties and Foreign Direct Investment: A Political Analysis *

Tim Büthe and Helen V. Milner

in The Effect of Treaties on Foreign Direct Investment: Bilateral Investment Treaties, Double Taxation Treaties, and Investment Flows

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195388534
eISBN:
9780199855322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388534.003.0006
Subject:
Law, Public International Law

This chapter examines the effect of bilateral investment treaties (BITs) on inward foreign direct investment flows (FDI) into least developed countries (LDCs). It suggests that BITs should not only ... More


Do Bilateral Investment Treaties Increase Foreign Direct Investment to Developing Countries? *

Eric Neumayer and Laura Spess

in The Effect of Treaties on Foreign Direct Investment: Bilateral Investment Treaties, Double Taxation Treaties, and Investment Flows

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195388534
eISBN:
9780199855322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388534.003.0007
Subject:
Law, Public International Law

This chapter addresses the question of whether of bilateral investment treaties (BITs) increase foreign direct investment (FDI) to developing countries. Developing countries that sign more BITs with ... More


Do Bilateral Investment Treaties Attract FDI? Only a Bit … and They Could Bite *

Mary Hallward-Driemeier

in The Effect of Treaties on Foreign Direct Investment: Bilateral Investment Treaties, Double Taxation Treaties, and Investment Flows

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195388534
eISBN:
9780199855322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388534.003.0013
Subject:
Law, Public International Law

This chapter addresses the question of whether bilateral investment treaties (BITs) attract foreign direct investment (FDI). Analysis of twenty years of bilateral FDI flows from the Organization for ... More


Bilateral Investment Treaties and Foreign Direct Investment: Correlation Versus Causation *

Emma Aisbett

in The Effect of Treaties on Foreign Direct Investment: Bilateral Investment Treaties, Double Taxation Treaties, and Investment Flows

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195388534
eISBN:
9780199855322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388534.003.0015
Subject:
Law, Public International Law

This chapter examines whether participation in bilateral investment treaties (BITs) leads to increased foreign direct investment (FDI) inflows from the treaty partner countries. The chapter is ... More


THE ECONOMIC EMERGENCY DEFENCE IN BILATERAL INVESTMENT TREATIES: A DEVELOPMENT PERSPECTIVE

Asif H. Qureshi

in International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199571345
eISBN:
9780191705472
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571345.003.0033
Subject:
Law, Public International Law, Private International Law

The existence of a national security escape clause in bilateral investment treaties (BITs) has given rise in investment arbitration to a number of concerns in terms of its scope, process of review, ... More


Liberalization: National and Regional Policy Changes and the Creation of the WTO (Early 1980s-Mid-1990s)

Thomas L. Brewer and Stephen Young

in The Multilateral Investment System and Multinational Enterprises

Published in print:
1998
Published Online:
October 2011
ISBN:
9780198293156
eISBN:
9780191684951
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198293156.003.0006
Subject:
Business and Management, International Business, Political Economy

This chapter discusses the liberalization of investment policies at all levels during the 1980s and 1990s. At the national level, scores of countries undertook significant liberalization programmes. ... More


Categorizing Vertical and Horizontal Jurisdictional Interactions

Yuval Shany

in Regulating Jurisdictional Relations Between National and International Courts

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199211791
eISBN:
9780191706035
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199211791.003.0002
Subject:
Law, Public International Law

This chapter reviews the relations between national and international courts under a number of institutional and jurisdictional settings created by a number of treaty regimes (e.g., ICC, ECHR, NAFTA, ... More


Conversion: America Embraces Investor–State Arbitration

Taylor St John

in The Rise of Investor-State Arbitration: Politics, Law, and Unintended Consequences

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198789918
eISBN:
9780191831553
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198789918.003.0008
Subject:
Political Science, International Relations and Politics

This chapter analyzes the purposes that American officials ascribe to investor–state arbitration in their investment treaties, using internal documents from all pre-NAFTA American investment treaty ... More


The Long History of the Regulation of Private Business Corporations in International Law

Doreen Lustig

in Veiled Power: International Law and the Private Corporation 1886-1981

Published in print:
2020
Published Online:
July 2020
ISBN:
9780198822097
eISBN:
9780191861185
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198822097.003.0008
Subject:
Law, Private International Law

The conclusion challenges the prevailing narrative on the 1990s as the watershed period during which a new sensibility emerged towards the responsibility of private business corporations as subjects ... More


Mapping the Backlash: Once BITten Many Times Shy!

Prabhash Ranjan

in India and Bilateral Investment Treaties: Refusal, Acceptance, Backlash

Published in print:
2019
Published Online:
August 2019
ISBN:
9780199493746
eISBN:
9780199097081
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199493746.003.0007
Subject:
Law, Public International Law

The chapter discusses how different actors or stakeholders such as the parliament, the government, civil society etc. started reacting to India’s BITs once India was flooded by ISDS claims. The ... More


The 2016 Indian Model BIT: Making the BIT Unworkable for Investors

Prabhash Ranjan

in India and Bilateral Investment Treaties: Refusal, Acceptance, Backlash

Published in print:
2019
Published Online:
August 2019
ISBN:
9780199493746
eISBN:
9780199097081
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199493746.003.0008
Subject:
Law, Public International Law

This chapter studies India’s 2016 Model BIT, which the Indian government claims aims to balance investment protection with the state’s right to regulate. The chapter shows that barring some of the ... More


Treaty Change, Arbitral Practice and the Search for a Balance: Standards of Review and the Margin of Appreciation in International Investment Law

Erlend M. Leonhardsen

in Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198716945
eISBN:
9780191785627
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716945.003.0008
Subject:
Law, Public International Law, Comparative Law

The chapter analyses the recent shift in States’ practice concerning international investment obligations, arguing that States increasingly seek to create or extend the existing margin of ... More


Proportionality and NPM Clauses: Article XI of the Argentina–US BIT

Gebhard Bücheler

in Proportionality in Investor-State Arbitration

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198724339
eISBN:
9780191792045
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198724339.003.0007
Subject:
Law, Public International Law, Company and Commercial Law

This chapter addresses one of the most effective means for States to ensure they are not liable to foreign investors when they adopt (proportionate) measures in furtherance of governmental goals in ... More


Implementing Investor–state Mediation in China’s Next Generation Investment Treaties

Shu Shang

in China's International Investment Strategy: Bilateral, Regional, and Global Law and Policy

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198827450
eISBN:
9780191866319
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198827450.003.0028
Subject:
Law, Public International Law, Company and Commercial Law

This chapter discusses the possible proposal of implementing an investor–state mediation mechanism in China’s next generation IIAs, especially for disputes where the Chinese state will be acting as ... More


Layering: How Investor–State Arbitration Was Added to Investment Treaties

Taylor St John

in The Rise of Investor-State Arbitration: Politics, Law, and Unintended Consequences

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198789918
eISBN:
9780191831553
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198789918.003.0007
Subject:
Political Science, International Relations and Politics

Chapter six probes how investor–state arbitration was layered into investment treaties. The ICSID Secretariat played a pivotal role in the initial spread of clauses providing access to arbitration in ... More


Epilogue

Kenneth J. Vandevelde

in The First Bilateral Investment Treaties: U.S. Postwar Friendship, Commerce, and Navigation Treaties

Published in print:
2017
Published Online:
April 2017
ISBN:
9780190679576
eISBN:
9780190679606
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190679576.003.0010
Subject:
Law, Public International Law, Legal History

In 1966, as the last FCN treaty awaited signature, the Senate sought to strengthen the rule of law with respect to investment by giving advice and consent to ratification of the ICSID Convention, ... More


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