نتایج جستجو برای: investor dispute
تعداد نتایج: 13151 فیلتر نتایج به سال:
The world of arbitration has not escaped the all-pervading impact AI. Stakeholders are only assessing current AI on practice but also speculating its future role. possibility replacing human arbitrators figured in discussions. This paper focuses use context investor-State arbitration, which late, been facing fierce backlash for purported deficiencies. explores whether could be used to remedy so...
AIB Insights Vol. 16, No. 1 The negoTiaTion of several mega-TreaTies in 2015, including the Trans-Pacific Partnership (TPP), the Trans-Atlantic Trade and Investment Partnership (TTIP), the EU-Canada Comprehensive Economic and Trade Agreement (CETA), and other regional agreements, has generated substantial public discussion about the protections and privileges afforded to multinational enterpris...
Judicialization scholarship suggests that states must seek the de-judicialization of international dispute settlement mechanisms to regain regulatory space. Why then do some a yet others increased judicialization in their pursuit space? This article advances twofold argument. First, concept has been erroneously conflated with state perceptions space under mechanisms. States aspiring consolidate...
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...
The importance of trade and investment agreements for health is now widely acknowledged in the literature, with much attention now focused on the impact of investor-state dispute settlement (ISDS) mechanisms. However, much of the analysis of such agreements in the health field remains largely descriptive. We theorize the implications of ISDS mechanisms for health policy by integrating the conce...
Abstract The rule against reflective loss claims by shareholders is a fundamental tenet of corporations law, accepted across numerous domestic law jurisdictions and under customary international law. Yet bilateral investment treaties (BITs) have long broken from this conventional approach allowing to bring for their indirect loss. UNCITRAL Working Group III has identified that anomalous shareho...
This paper demonstrates that investor irrationality can be contagious across markets. Studies addressing the pros and cons of opening derivatives markets have failed to pay sufficient attention to the roles of speculative activities. This paper investigates how trading activities that are unrelated to fundamentals affect the impact of derivatives on stock markets. By using unique data from the ...
In this paper I argue that Arthur Fine and Martin Heidegger present responses to the dispute between realism and antirealism that are remarkably close in character. Both claim that this dispute arises from a failure to take seriously our everyday experience of things in the world. I argue that it is useful to note the similarity between Fine and Heidegger for two distinct reasons: 1) their view...
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