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Investment Treaties and the Legal Imagination: How Foreign Investors Play By Their Own Rules

Nicolás M. Perrone

Published in print:
2021
Published Online:
March 2021
ISBN:
9780198862147
eISBN:
9780191894831
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198862147.001.0001
Subject:
Law, Public International Law

Foreign investors have a privileged position under investment treaties. They enjoy strong rights, have no obligations, and can rely on a highly efficient enforcement mechanism: investor–state dispute ... More


The Trouble with Foreign Investor Protection

Gus Van Harten

Published in print:
2020
Published Online:
December 2020
ISBN:
9780198866213
eISBN:
9780191898570
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198866213.001.0001
Subject:
Law, Public International Law

Governments are rightly discussing reform of investment treaties, and of the powerful system of ‘investor–state dispute settlement’ (ISDS) upon which they rest. It is therefore important to be clear ... More


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

Taylor St John

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198789918
eISBN:
9780191831553
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198789918.001.0001
Subject:
Political Science, International Relations and Politics

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 ... More


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

Julien Chaisse (ed.)

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198827450
eISBN:
9780191866319
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198827450.001.0001
Subject:
Law, Public International Law, Company and Commercial Law

The phenomenal story of China’s ‘unprecedented disposition to engage the international legal order’ has been primarily told and examined by political scientists and economists. Since China adopted ... More


Arbitration Costs: Myths and Realities in Investment Treaty Arbitration

Susan D. Franck

Published in print:
2019
Published Online:
April 2019
ISBN:
9780190054434
eISBN:
9780190054465
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190054434.001.0001
Subject:
Law, Public International Law

Investment treaty arbitration (sometimes called ISDS or investor-state dispute settlement) has become a flashpoint in the backlash against globalization, with costs becoming an area of core scrutiny. ... More


The EU Deep Trade Agenda: Law and Policy

Billy A. Melo Araujo

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198753384
eISBN:
9780191815010
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198753384.001.0001
Subject:
Law, EU Law, Company and Commercial Law

In 2006, the EU launched the Global Europe strategy which signalled a significant change in its external trade policy by putting the emphasis on the conclusion of deep and comprehensive FTAs. The ... More


Fault Lines and the Future of ISDS

Gus Van Harten

in The Trouble with Foreign Investor Protection

Published in print:
2020
Published Online:
December 2020
ISBN:
9780198866213
eISBN:
9780191898570
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198866213.003.0007
Subject:
Law, Public International Law

In this chapter, it is argued that removing foreign investor protections is a feasible and important step to re-invigorate the institutions needed to confront pressing concerns of humanity. By ... More


Fortifying Inequality

Gus Van Harten

in The Trouble with Foreign Investor Protection

Published in print:
2020
Published Online:
December 2020
ISBN:
9780198866213
eISBN:
9780191898570
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198866213.003.0001
Subject:
Law, Public International Law

In this chapter, foreign investor protections are introduced as a symbol and guarantor of global inequality. Backed by the most powerful adjudicative mechanism in international law, these protections ... More


Introduction

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/9780199493746.003.0001
Subject:
Law, Public International Law

This chapter introduces bilateral investment treaties (BITs) and the debates surrounding BITs and investor–state dispute settlement (ISDS). It examines briefly the origin of BITs; their evolution and ... More


India’s BITs: Mapping the Acceptance—II

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/9780199493746.003.0005
Subject:
Law, Public International Law

Continuing on the discussion on the key features of Indian BITs from the previous chapter, this chapter studies the following provisions in India’s BITs and FTA investment chapters: expropriation; ... 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


Conclusion: Throw the Bathwater, but Keep the Baby!

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/9780199493746.003.0009
Subject:
Law, Public International Law

The concluding chapter shows that India’s approach towards BITs post 2010 has become protectionist. This protectionist approach towards BITs is divergent from India’s liberal foreign investment ... More


Regulation of Investment Incentives: Instruments at an International/Supranational Level

Lise Johnson

in Rethinking Investment Incentives: Trends and Policy Options

Published in print:
2016
Published Online:
January 2017
ISBN:
9780231172981
eISBN:
9780231541640
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231172981.003.0012
Subject:
Economics and Finance, Financial Economics

This chapter looks at instruments that are used at an international or supra-national level to help govern the use of investment incentives. The chapter looks both at the extent to which those ... More


International Courts or Tribunals and the Autonomy of the EU Legal Order

Christina Eckes

in EU Powers Under External Pressure: How the EU's External Actions Alter its Internal Structures

Published in print:
2019
Published Online:
March 2019
ISBN:
9780198785545
eISBN:
9780191827457
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198785545.003.0007
Subject:
Law, EU Law

Chapter 6 examines the consequences of the Union’s submission to the jurisdiction of international courts and tribunals (ICTs) for the autonomy of the EU legal order. In fact, no discussion of the ... More


Conclusion

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/9780198789918.003.0010
Subject:
Political Science, International Relations and Politics

The conclusion identifies how the book’s findings relate to contemporary debates. The terms of today’s debate were set decades ago: all visions of investor–state arbitration’s future define ... More


Introduction: A Legal Imagination

Nicolás M. Perrone

in Investment Treaties and the Legal Imagination: How Foreign Investors Play by Their Own Rules

Published in print:
2021
Published Online:
March 2021
ISBN:
9780198862147
eISBN:
9780191894831
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198862147.003.0001
Subject:
Law, Public International Law

The role of the business leaders, bankers, and lawyers who promoted investment treaties and ISDS in the post-World War II period remains controversial. The introductory chapter argues that these norm ... More


Foreign Investor Rights and Investment Relations

Nicolás M. Perrone

in Investment Treaties and the Legal Imagination: How Foreign Investors Play By Their Own Rules

Published in print:
2021
Published Online:
March 2021
ISBN:
9780198862147
eISBN:
9780191894831
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198862147.003.0002
Subject:
Law, Public International Law

Investment treaties and ISDS serve not just to resolve disputes between states and foreign investors. Through interpreting foreign investor rights, they also help structure foreign investment ... More


The Norm Entrepreneurs of the 1950s and 1960s

Nicolás M. Perrone

in Investment Treaties and the Legal Imagination: How Foreign Investors Play By Their Own Rules

Published in print:
2021
Published Online:
March 2021
ISBN:
9780198862147
eISBN:
9780191894831
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198862147.003.0003
Subject:
Law, Public International Law

In the post-World War II period, business leaders, bankers, and their lawyers decided it was their time to write the rules of the global economy. They felt that the nationalization of the ... More


The Rise of Investment Treaties and ISDS in the 1990s and Since

Nicolás M. Perrone

in Investment Treaties and the Legal Imagination: How Foreign Investors Play By Their Own Rules

Published in print:
2021
Published Online:
March 2021
ISBN:
9780198862147
eISBN:
9780191894831
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198862147.003.0005
Subject:
Law, Public International Law

In the early 1980s, many countries had not signed investment treaties or joined the ICSID Convention. Neither was there any ISDS practice. This situation changed quickly, however, as the views of the ... More


ISDS in Action

Nicolás M. Perrone

in Investment Treaties and the Legal Imagination: How Foreign Investors Play By Their Own Rules

Published in print:
2021
Published Online:
March 2021
ISBN:
9780198862147
eISBN:
9780191894831
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198862147.003.0006
Subject:
Law, Public International Law

The legal imagination framing ISDS practice is closely related to how arbitrators connect storytelling with the interpretation of investment treaties and other relevant laws. This chapter examines ... More


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