نتایج جستجو برای: state dispute settlement isds
تعداد نتایج: 878148 فیلتر نتایج به سال:
We model the ci il dispute resolution process as a two-stage game with the parties bargaining to reach a settlement in the first stage and then playing a litigation expenditure game at trial in the second stage. We find that the English rule shifts the settlement away from the interim fair and unbiased settlement in most circumstances. O erall welfare changes are in fa or of the party who makes...
the respect of property has recognized by the grate legal systems. despite of the recognition of this rule, there are some exceptions. expropriation, nationalization, confiscation and requisition are exceptions of the respect which cause the disputes in foreign investment. however national and international authorities, have different argumentations in ether violations of the respect to determi...
The previous literature provides a highly ambiguous picture on the impact of trade and investment agreements on FDI. Most empirical studies ignore the actual content of BITs and RTAs, treating them as "black boxes", despite the diversity of investment provisions constituting the essence of these agreements. We overcome this serious limitation by analyzing the impact of modalities on the admissi...
Previous studies of WTO dispute settlement have sought to evaluate whether a Member’s legal capacity influences its odds of bringing litigation before the multilateral trade regime. Because direct measures of legal capacity are elusive, these studies have had to use indirect proxies, such as per capita income or number of delegates in Geneva. Yet, the reliability of these measures is questionab...
How do international economic adjudicators approach the question of systemic integration? Systemic integration could be a powerful tool in defragmentation legal order. Yet, it is complex tool, coalescing between rule interpretation and normative ideal coherent By undertaking an empirical doctrinal review decisions World Trade Organization (WTO) investor-state dispute settlement mechanisms, pape...
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