1,721,117 research outputs found
The Changing Role of the Home and the Host State in Investor-State Arbitration: Some Conclusions
No full textTwo worlds apart: the changing features of international investment agreements in Latin America
No full textRecommended from our members
The Return of the Home State to Investor-State Disputes: Bringing Back Diplomatic Protection?
No full textThis book advances the idea that in order to address some of the criticisms against investor-state dispute settlement, a large majority of states have taken a 'normative' strategy, negotiating or amending investment treaties with provisions that potentially give more control and greater involvement to the contracting parties, and notably the home state. This is particularly true of agreements concluded in the past fifteen years. At the same time, there is a potential revival of the 'remnants' of diplomatic protection that are embedded in investment treaties since the beginning of the system. But why is the home state being brought back into a domain from which it was expressly excluded several decades ago? Why would a home state be interested in intervening in these conflicts? Is this 'new' role of the home state in foreign investment disputes a 'return' to diplomatic protection of its nationals, or are we witnessing something different
International Arbitration in Times of Economic Nationalism
No full textInternational Arbitration in Times of Economic Nationalism is a well-timed book that reviews situations that may impact the way arbitration—in both commercial and investment disputes—is practiced. In recent years, numerous developments across the world evidence the States’ increasing skepticism about the benefits of international cooperation and the efficiency of international economic law comprehended as a multilateral set of rules binding on all States equally
How Home Country Measures Can Promote Foreign Direct Investment In Poor Economies
No full textForeign direct investment (FDI) constitutes a dominant part of private capital flows to least developed countries (LDCs). According to the UN Committee for Development Policy (CDP), FDI can lead to tangible and intangible benefits, playing a catalytic role in building and strengthening productive capacity and export growth, including developmental objectives such as technology and skills transfer, employment generation, higher wages and poverty eradication. However, the total share of global FDI flows to LDCs remains very low and is often directed at resource extraction.
Whereas many studies have focused on the measures undertaken by host countries to attract FDI, little research has been conducted on what development partners can do to promote and facilitate more sustainable FDI to LDCs – either directly or indirectly. Here we look at these home country measures and how they can influence the flow of productive foreign investment to poor host economies
Three generations of digital trade provisions in preferential trade agreements
No full textThis chapter provides a general analysis of the rules, standards, and principles concerning digital trade found in preferential trade agreements (PTAs) and which countries and regions have fostered such development. It traces its evolution in three distinctive periods: a first generation of agreements, focused on electronic commerce rules; a second generation, centred on the development of data flows rules; and a third generation, that has seen the appearance of ‘pure’ digital trade agreements and new data economy rules. The chapter also examines the possibility of convergence in larger agreements (plurilateral or multilateral) based on the developments found in the three generations of PTAs
Convergencia regulatoria en la alianza del pacifico: un capitulo inconcluso
Full text linkEste artículo tiene por objeto describir las principales características del
capítulo sobre “mejora regulatoria” recientemente acordado por los países
miembros de la Alianza del Pacífico, con el objeto de promover diversos objetivos
como el comercio internacional, la inversión extrajera, el crecimiento
económico y el pleno empleo. La introducción de este nuevo capítulo en el
protocolo adicional de la Alianza del Pacífico, se da en un contexto donde
recientes acuerdos preferenciales de comercio han incluido disposiciones similares
en secciones especialmente dedicados a esta materia. El presente trabajo
plantea que la noción de mejora regulatoria, así como otros conceptos
referidos a coherencia, cooperación, coordinación u armonización regulatoria,
son parte del surgimiento de una disciplina más amplia de “convergencia
regulatoria”, conforme a la cual ordenamientos jurídicos que parten de distintos
puntos, tienden a confluir hacia similares soluciones regulatorias, ya
sea desde un punto de vista sustantivo o procedimental
Sustainable Development in Chilean International Investment Agreements
Full text linkhis article describes the sustainable development provisions (SDPs) that are generally found in international investment agreements (IIAs), as well as those that explicitly refer to environmental and labour standards. In turn, it examines Chilean IIAs and their sustainable development provisions in bilateral investment promotion and protection agreements (BITs) and as part of preferential trade agreements (PTAs), and compares them with the inclusion of these provisions in IIAs worldwide. Considering that Chile is one of the leading countries in the negotiation of trade agreements and that, at the same time, it has made a strong public commitment to promote sustainable development, we propose some recommendations for future negotiations or renegotiations of Chilean IIAs to include more sustainable development provisions
Sustainable Development in Swiss International Investment Agreements
Full text linkThis article outlines the sustainable development provisions (SDPs) found in international investment agreements (IIAs) in general, as well as explicitly concerning environment and labour provisions. In turn, we examine in detail Swiss IIAs and their sustainable development provisions, both as a single country, as well as part of the European Free Trade Association (EFTA), and compare them with the inclusion of these provisions in IIAs at a worldwide level. Considering that Switzerland is one of the leading countries in the negotiation and conclusion of IIAs, and simultaneously, it has made a strong public commitment to promote sustainable development, in the conclusion, we propose some recommendations for future negotiations or renegotiations of Swiss IIAs in order to include more sustainable developments provisions
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