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International Investment Agreements: Investor Protections and Foreign Direct Investment *

Ana Frischtak and Richard Newfarmer

in Handbook of Trade Policy for Development

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199680405
eISBN:
9780191760266
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199680405.003.0024
Subject:
Economics and Finance, Macro- and Monetary Economics, Development, Growth, and Environmental

This chapter reviews the provisions in BITs and PTAs that grant foreign investors greater predictability on the policy framework regulating their investment, enumerates their purported benefits of ... 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


Reliance on Alternative Methods for Investment Protection through National Laws, Investment Contracts, and Regional Institutions in Latin America

María José Luque Macías

in Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198738428
eISBN:
9780191801723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738428.003.0013
Subject:
Law, Public International Law, Environmental and Energy Law

Despite strong criticism against international investment agreements and investor–State dispute settlement, Latin American countries mostly uphold both legal means as effective methods for the ... More


Introduction to Investment Treaty Arbitration (ITA) and Framing the Debate

Susan D. Franck

in Arbitration Costs: Myths and Realities in Investment Treaty Arbitration

Published in print:
2019
Published Online:
April 2019
ISBN:
9780190054434
eISBN:
9780190054465
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190054434.003.0001
Subject:
Law, Public International Law

Chapter 1 introduces the contents of the book by framing the context of international investment more broadly, contextualizing investment-related conflict management, identifying the issues related ... More


Protecting Chinese Investment Under the Investor–state Dispute Settlement Regime: A Review in Light of Ping An v Belgium

Claire Wilson

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/9780198827450.003.0026
Subject:
Law, Public International Law, Company and Commercial Law

The case of Ping An v Kingdom of Belgium is a significant addition to investor–state dispute settlement (ISDS) jurisprudence. It concerns the first mainland Chinese company to file a claim with the ... More


What States Can Do to Curb Treaty Shopping

Jorun Baumgartner

in Treaty Shopping in International Investment Law

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198787112
eISBN:
9780191829185
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198787112.003.0009
Subject:
Law, Public International Law

States being the ‘masters of the treaties’, Chapter 8 examines the policy and treaty drafting options available to States if they wish to curb the practice of treaty shopping. Though in particular ... More


Dissecting Backlash: The Unarticulated Causes of Backlash and its Unintended Consequences

David Caron and Esme Shirlow

in The Judicialization of International Law: A Mixed Blessing?

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198816423
eISBN:
9780191853685
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198816423.003.0009
Subject:
Law, Public International Law

David Caron and Esme Shirlow discuss the widespread criticism against investor-state dispute settlement (ISDS). They argue that these critiques must be disentangled in terms of the actors and ... More


Towards a More Comprehensive Approach in International Investment Law

Steffen Hindelang and Markus Krajewski

in Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198738428
eISBN:
9780191801723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738428.003.0001
Subject:
Law, Public International Law, Environmental and Energy Law

In the midst of the current turbulent state of international investment law—one of ‘transition’—the fundamental paradigms underpinning the field are increasingly giving way to new ones of a more ... More


The Legal Framework for Investment Protection between the European Union and Korea: Towards a Level Playing Field for Investors?

James Harrison

in The European Union and South Korea: The Legal Framework for Strengthening Trade, Economic and Political Relations

Published in print:
2013
Published Online:
September 2013
ISBN:
9780748668601
eISBN:
9780748684335
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748668601.003.0007
Subject:
Political Science, International Relations and Politics

Investment has traditionally been regulated at the international level through bilateral investment treaties (BITs). Therefore, individual EU Member States have concluded their own BITs with third ... More


Introduction

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/9780198789918.003.0001
Subject:
Political Science, International Relations and Politics

This chapter sets out the puzzle: what explains the rise of investor–state arbitration? It defines the rise of investor–state arbitration as one process with two phases: the creation of the ICSID ... More


International Investment Law and Community Interests

Stephan W. Schill and Vladislav Djanic

in Community Interests Across International Law

Published in print:
2018
Published Online:
July 2018
ISBN:
9780198825210
eISBN:
9780191863844
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825210.003.0013
Subject:
Law, Public International Law

In contemporary discourse, international investment law and investor-state dispute settlement (ISDS) are often perceived as threats to community interests in one-sidedly protecting foreign investors ... More


Investment Arbitration: Learning from Experience

Jonathan Ketcheson

in Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198738428
eISBN:
9780191801723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738428.003.0006
Subject:
Law, Public International Law, Environmental and Energy Law

The concept of sustainable development only provides broad guidance as to the design of investor–State dispute settlement (ISDS). The need to strike a balance between competing concerns suggests that ... More


Intellectual Property and International Investment Agreements

Henning Grosse Ruse-Khan

in The Protection of Intellectual Property in International Law

Published in print:
2016
Published Online:
August 2017
ISBN:
9780199663392
eISBN:
9780191850240
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199663392.003.0007
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter examines selected issues on the scope of intellectual property (IP) protection under international investment law and contrasts this with the approach of the international IP system. It ... More


Towards an Asia-Pacific Regional Investment Regime: The Potential Influence of Australia and New Zealand as a Collective Middle Power

Amokura Kawharu and Luke Nottage

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/9780198827450.003.0015
Subject:
Law, Public International Law, Company and Commercial Law

Many similarities and occasional differences are evident concerning the current approaches of Australia and New Zealand towards investment treaties, including the now politically sensitive issue of ... More


The Limits of Legalization in Asia-Pacific Investment Treaty Arbitration?

Luke Nottage

in International Economic Law and Governance: Essays in Honour of Mitsuo Matsushita

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198778257
eISBN:
9780191823763
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198778257.003.0011
Subject:
Law, Public International Law

Bilateral investment treaties (BITs), and more recently investment chapters in free trade agreements (FTAs), are increasingly controversial—especially investor–state arbitration (ISA) options ... More


Introduction: China’s International Investment Law and Policy Regime—Identifying the Three Tracks

Julien Chaisse

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/9780198827450.003.0001
Subject:
Law, Public International Law, Company and Commercial Law

Being both a capital importing and a capital exporting nation, China must maintain a balance of this dual role through its international investment agreements (IIAs) system, attracting inward foreign ... More


Conclusion and Outlook: Whither International Investment Law?

Steffen Hindelang and Markus Krajewski

in Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198738428
eISBN:
9780191801723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738428.003.0017
Subject:
Law, Public International Law, Environmental and Energy Law

The conclusion returns to the core questions of the book—whether or not international investment law is embarking upon a shift of paradigms and hence becoming more balanced, less isolated, and ... More


Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified

Steffen Hindelang and Markus Krajewski (eds)

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198738428
eISBN:
9780191801723
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738428.001.0001
Subject:
Law, Public International Law, Environmental and Energy Law

In the midst of the current turbulent state of international investment law—one of ‘transition’—the fundamental paradigms underpinning the field are increasingly giving way to new ones of a more ... More


Drivers and Issues of China–EU Negotiations for a Comprehensive Agreement on Investment

Flavia Marisi and Qian Wang

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/9780198827450.003.0010
Subject:
Law, Public International Law, Company and Commercial Law

Although the China–EU Comprehensive Agreement on Investment (CAI), currently under negotiation, covers only bilateral investments, it may clear the path for a potential free trade agreement between ... 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


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