The Popular Legitimacy Of Investor State Dispute Settlement

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The Popular Legitimacy of Investor-state Dispute Settlement

Marius Dotzauer
The Popular Legitimacy of Investor state Dispute Settlement Book PDF

Author : Marius Dotzauer
Publisher : Unknown
Page : 0 pages
File Size : 42,6 Mb
Release : 2024
Category : Dispute resolution (Law)
ISBN : 1032500050

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The Popular Legitimacy of Investor-state Dispute Settlement by Marius Dotzauer Pdf

"This book offers theoretical arguments and original empirical data on the legitimacy of the investor-state dispute settlement system in the eyes of the general public. The legitimacy of the investor-state dispute settlement (ISDS) system has become a major issue in recent negotiations on new trade and investment agreements, such as the Transatlantic Trade and Investment Partnership (TTIP), the Comprehensive Economic and Trade Agreement (CETA), and the Trans-Pacific Partnership Agreement (TPP). This book considers the remarkable rise of investor-state arbitration, its politicization and the corresponding legitimacy crisis that has induced a political process of ISDS reform. The book applies theoretical arguments about legitimacy perceptions among the mass public and tests these arguments in survey experiments in Germany, France, and the United States to answer the question of whether ISDS reform can be successful. By showing that large parts of the population hold negative perceptions about the current system of private arbitration and believe that an international investment court and domestic courts are more legitimate dispute resolution systems, the book extends the debate on the legitimacy of the ISDS mechanism, which has so far been dominated by conflicting normative claims of supporters and critics. With regard to the academic debate about legitimacy in global governance, the author underlines that the legitimacy perceptions of ordinary citizens must be taken seriously to ensure the sustainability of global governance and international law in the long term. This book will be of interest to academics working in international relations, international political economy, international law, transnational law, authority, politicization, and legitimacy of global governance. It will also be of great use to practitioners in the field of international investment law, including lawyers, and government officials working in international dispute settlement"--

Reshaping the Investor-State Dispute Settlement System

Jean E. Kalicki,Anna Joubin-Bret
Reshaping the Investor State Dispute Settlement System Book PDF

Author : Jean E. Kalicki,Anna Joubin-Bret
Publisher : Hotei Publishing
Page : 1043 pages
File Size : 50,6 Mb
Release : 2015-02-04
Category : Law
ISBN : 9789004291102

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Reshaping the Investor-State Dispute Settlement System by Jean E. Kalicki,Anna Joubin-Bret Pdf

In Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century, editors Jean E. Kalicki and Anna Joubin-Bret offer for the first time a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has generated a strong debate, usually framed by complaints about a perceived lack of legitimacy, consistency and predictability. While some ideas have been proposed for improvement, there has never before been a book systematically focusing on constructive paths forward. This volume features 38 chapters by almost 50 leading contributors, all offering concrete proposals to improve the ISDS system for the 21st century.

Legitimacy and International Courts

Harlan Grant Cohen,Nienke Grossman,Andreas Follesdal,Geir Ulfstein
Legitimacy and International Courts Book PDF

Author : Harlan Grant Cohen,Nienke Grossman,Andreas Follesdal,Geir Ulfstein
Publisher : Cambridge University Press
Page : 397 pages
File Size : 53,6 Mb
Release : 2018-02-22
Category : Law
ISBN : 9781108423854

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Legitimacy and International Courts by Harlan Grant Cohen,Nienke Grossman,Andreas Follesdal,Geir Ulfstein Pdf

An interdisciplinary volume exploring the concept of legitimacy in relation to international courts and what can drive and weaken it.

The Future of Investor-State Dispute Settlement

Ben Beaumont,Fahira Brodlija,Robert Ashdown,Armand Terrien
The Future of Investor State Dispute Settlement Book PDF

Author : Ben Beaumont,Fahira Brodlija,Robert Ashdown,Armand Terrien
Publisher : Kluwer Law International B.V.
Page : 255 pages
File Size : 40,5 Mb
Release : 2024-02-13
Category : Law
ISBN : 9789403547732

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The Future of Investor-State Dispute Settlement by Ben Beaumont,Fahira Brodlija,Robert Ashdown,Armand Terrien Pdf

What makes investor-State dispute settlement (ISDS) as dynamic a field as it is – especially in comparison with international commercial arbitration – is its uncanny ability to engage directly with the most topical and pressing issues of the day, including human rights, regulation of the energy sector, and climate change and the environment more generally. This book provides a deep dive into the reality behind the causes and effects of the expressed concerns regarding ISDS and the extent to which they can and have been addressed by ongoing reform processes at national, regional, and international levels. Deeply informed insights from leading scholars and practitioners on the status quo and perspectives of ISDS shed clear light on such aspects as the following: reform instruments adopted at the UNCITRAL Working Group III; issues surrounding the legitimacy of ISDS; dispute prevention and amicable settlement mechanisms; the proposed multilateral investment court; implications of climate change and energy transition for investment policies and disputes; recent regional trends in policymaking and perspectives; the ICSID-UNCITRAL Code of Conduct; investment protection standards and dispute resolution mechanisms in recent international investment treaties; viability of the modernized Energy Charter Treaty; use of artificial intelligence; and participation of civil society organizations. As an in-depth analysis of the most recent developments in international investment law and dispute resolution, this book offers a realistic view of the reform processes, thus underlining the necessary legal and institutional measures that will translate into real-life effects in the future. With its help, policymakers and government officials will identify ongoing trends and anticipate risks that require intervention, while practitioners and the broader dispute resolution community will find valuable information about the evolving contours of investment protection treaties and ISDS. For academics and civil society organizations interested in the developments and implications of ISDS, the book provides factual, nuanced, and effective analysis of the relevant issues.

The Legitimacy of Investment Arbitration

Daniel Behn,Ole Kristian Fauchald,Malcolm Langford
The Legitimacy of Investment Arbitration Book PDF

Author : Daniel Behn,Ole Kristian Fauchald,Malcolm Langford
Publisher : Cambridge University Press
Page : 581 pages
File Size : 53,7 Mb
Release : 2022-01-13
Category : Law
ISBN : 9781108837583

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The Legitimacy of Investment Arbitration by Daniel Behn,Ole Kristian Fauchald,Malcolm Langford Pdf

A rigorous and empirically-based analysis of the legitimacy challenges facing investment arbitration and the potential for reforms to remedy critique.

Constitutionalizing Economic Globalization

David Schneiderman
Constitutionalizing Economic Globalization Book PDF

Author : David Schneiderman
Publisher : Cambridge University Press
Page : 60 pages
File Size : 50,7 Mb
Release : 2008-03-27
Category : Law
ISBN : 9781139470094

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Constitutionalizing Economic Globalization by David Schneiderman Pdf

Are foreign investors the privileged citizens of a new constitutional order that guarantees rates of return on investment interests? Schneiderman explores the linkages between a new investment rules regime and state constitutions – between a constitution-like regime for the protection of foreign investment and the constitutional projects of national states. The investment rules regime, as in classical accounts of constitutionalism, considers democratically authorized state action as inherently suspect. Despite the myriad purposes served by constitutionalism, the investment rules regime aims solely to enforce limits, both inside and outside of national constitutional systems, beyond which citizen-driven politics will be disabled. Drawing on contemporary and historical case studies, the author argues that any transnational regime should encourage innovation, experimentation, and the capacity to imagine alternative futures for managing the relationship between politics and markets. These objectives have been best accomplished via democratic institutions operating at national, sub-national, and local levels.

The Popular Legitimacy of Investor-State Dispute Settlement

Marius Dotzauer
The Popular Legitimacy of Investor State Dispute Settlement Book PDF

Author : Marius Dotzauer
Publisher : Taylor & Francis
Page : 148 pages
File Size : 40,5 Mb
Release : 2023-09-29
Category : Political Science
ISBN : 9781000962918

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The Popular Legitimacy of Investor-State Dispute Settlement by Marius Dotzauer Pdf

This book offers theoretical arguments and original empirical data on the legitimacy of the investor-state dispute settlement system in the eyes of the general public. The legitimacy of the investor-state dispute settlement (ISDS) system has become a major issue in recent negotiations on new trade and investment agreements, such as the Transatlantic Trade and Investment Partnership (TTIP), the Comprehensive Economic and Trade Agreement (CETA), and the Trans-Pacific Partnership Agreement (TPP). This book considers the remarkable rise of investor-state arbitration, its politicization and the corresponding legitimacy crisis that has induced a political process of ISDS reform. The book applies theoretical arguments about legitimacy perceptions among the mass public and tests these arguments in survey experiments in Germany, France, and the United States to answer the question of whether ISDS reform can be successful. By showing that large parts of the population hold negative perceptions about the current system of private arbitration and believe that an international investment court and domestic courts are more legitimate dispute resolution systems, the book extends the debate on the legitimacy of the ISDS mechanism, which has so far been dominated by conflicting normative claims of supporters and critics. With regard to the academic debate about legitimacy in global governance, the author underlines that the legitimacy perceptions of ordinary citizens must be taken seriously to ensure the sustainability of global governance and international law in the long term. This book will be of interest to academics working in international relations, international political economy, international law, transnational law, authority, politicization, and legitimacy of global governance. It will also be of great use to practitioners in the field of international investment law, including lawyers, and government officials working in international dispute settlement.

Adjudicating Global Business in and with India

Leïla Choukroune,Rahul Donde
Adjudicating Global Business in and with India Book PDF

Author : Leïla Choukroune,Rahul Donde
Publisher : Routledge
Page : 190 pages
File Size : 45,9 Mb
Release : 2021-07-22
Category : Law
ISBN : 9781000407969

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Adjudicating Global Business in and with India by Leïla Choukroune,Rahul Donde Pdf

This edited collection on international commercial and investment disputes in, and with, India examines past and present landmark legislative and regulatory reforms initiated by the Indian government, including the 2015 new Bilateral Investment Treaty (BIT) model, the 2015 amendments to the 1996 Arbitration Act and the 2013 amendments to Section 135 of the Companies Act on Corporate Social Responsibility (CSR), as well as the most recent amendments to the same. The book also includes recent developments in the dispute resolution arena, regional, and international negotiations involving India, the legal profession’s response to these developments, and civil society’s comments. In addition, it addresses contemporary problems of key importance and at the centre of today’s discussions, from the legitimacy and relevance of Investor–State Dispute Settlement (ISDS) to the denunciation of Bilateral Investment Treaties (BITs), and the role arbitration should play in emerging economies now leaders in world trade. In creating bridges between commercial and investment arbitration, it also renews the conceptual approach to these too often artificially isolated fields of law. The volume provides an accurate and updated account of the many fascinating conceptual and practical evolutions, which already impact the world of international dispute resolution far beyond the borders of India. This unique and exhaustive study will be of great appeal to a vast range of readers from practitioners to academia.

Prospects in International Investment Law and Policy

Roberto Echandi,Pierre Sauvé,World Trade Institute (Bern, Switzerland)
Prospects in International Investment Law and Policy Book PDF

Author : Roberto Echandi,Pierre Sauvé,World Trade Institute (Bern, Switzerland)
Publisher : Cambridge University Press
Page : 495 pages
File Size : 55,7 Mb
Release : 2013-04-18
Category : Law
ISBN : 9781107035867

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Prospects in International Investment Law and Policy by Roberto Echandi,Pierre Sauvé,World Trade Institute (Bern, Switzerland) Pdf

Addresses the most central debates in contemporary investment law and policy.

The Return of the Home State to Investor-State Disputes

Rodrigo Polanco,Rodrigo Polanco Lazo
The Return of the Home State to Investor State Disputes Book PDF

Author : Rodrigo Polanco,Rodrigo Polanco Lazo
Publisher : Cambridge University Press
Page : 373 pages
File Size : 45,5 Mb
Release : 2019-01-10
Category : Law
ISBN : 9781108473385

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The Return of the Home State to Investor-State Disputes by Rodrigo Polanco,Rodrigo Polanco Lazo Pdf

This book examines the role of home states to investment disputes and questions whether it represents a return to diplomatic protection.

Investor-State Dispute Settlement

Scott Miller,Gregory N. Hicks
Investor State Dispute Settlement Book PDF

Author : Scott Miller,Gregory N. Hicks
Publisher : Rowman & Littlefield
Page : 41 pages
File Size : 54,8 Mb
Release : 2015-02-02
Category : Political Science
ISBN : 9781442240735

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Investor-State Dispute Settlement by Scott Miller,Gregory N. Hicks Pdf

Investor-State Dispute Settlement (ISDS) is a provision in Bilateral Investment Treaties (BITs) and other international investment agreements that allows investors to enter arbitration with states over treaty breaches. ISDS has become controversial in the United States and our negotiating partners; critics, including some governments, have argued that ISDS is unnecessary, while others insist it is illegitimate as public policy. Treaty-based investment protection represents a major advance in the fair treatment of aliens and the peaceful resolution of disputes. Given the alternatives, withdrawing from investment treaties—the logical conclusion of the critics’ position—would likely have negative consequences for economic growth and the rule of law. This report is an empirical review of ISDS, based on the record of disputes under existing investment treaties.

The Impact of Investment Treaty Law on Host States

Mavluda Sattorova
The Impact of Investment Treaty Law on Host States Book PDF

Author : Mavluda Sattorova
Publisher : Bloomsbury Publishing
Page : 348 pages
File Size : 45,5 Mb
Release : 2018-02-08
Category : Law
ISBN : 9781509901982

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The Impact of Investment Treaty Law on Host States by Mavluda Sattorova Pdf

Traditionally, international investment law was conceptualised as a set of norms aiming to ensure good governance for foreign investors, in exchange for their capital and know-how. However, the more recent narratives postulate that investment treaties and investor–state arbitration can lead to better governance not just for foreign investors but also for host state communities. Investment treaty law can arguably foster good governance by holding host governments liable for a failure to ensure transparency, stability, predictability and consistency in their dealings with foreign investors. The recent proliferation of such narratives in investment treaty practice, arbitral awards and academic literature raises questions as to their juridical, conceptual and empirical underpinnings. What has propelled good governance from a set of normative ideals to enforceable treaty standards? Does international investment law possess the necessary characteristics to inspire changes at the national level? How do host states respond to investment treaty law? The overarching objective of this monograph is to unpack existing assumptions concerning the effects of international investment law on host states. By combining doctrinal, empirical, comparative analysis and unveiling the emerging 'nationally felt' responses to international investment norms, the book aims to facilitate a more informed understanding of the present contours and the nature of the interplay between international investment norms and national realities.

Transparency in International Investment Arbitration

Dimitrij Euler,Markus Gehring,Maxi Scherer,Meagan Wong,Rebecca Hadgett
Transparency in International Investment Arbitration Book PDF

Author : Dimitrij Euler,Markus Gehring,Maxi Scherer,Meagan Wong,Rebecca Hadgett
Publisher : Cambridge University Press
Page : 413 pages
File Size : 41,9 Mb
Release : 2015-08-10
Category : Law
ISBN : 9781107077935

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Transparency in International Investment Arbitration by Dimitrij Euler,Markus Gehring,Maxi Scherer,Meagan Wong,Rebecca Hadgett Pdf

This in-depth commentary analyses the new UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration.

The Backlash Against Investment Arbitration

Michael Waibel
The Backlash Against Investment Arbitration Book PDF

Author : Michael Waibel
Publisher : Kluwer Law International B.V.
Page : 674 pages
File Size : 47,5 Mb
Release : 2010-01-01
Category : Law
ISBN : 9789041132024

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The Backlash Against Investment Arbitration by Michael Waibel Pdf

"This book, the outgrowth of a conference organized by the editors at Harvard Law School on April 19, 2008, aims to uncover the drivers behind the backlash against the current international investment regime."--Library of Congress Online Calalog.

The Legitimacy of International Trade Courts and Tribunals

Robert Howse,Hélène Ruiz-Fabri,Geir Ulfstein,Michelle Q. Zang
The Legitimacy of International Trade Courts and Tribunals Book PDF

Author : Robert Howse,Hélène Ruiz-Fabri,Geir Ulfstein,Michelle Q. Zang
Publisher : Studies on International Courts and Tribunals
Page : 547 pages
File Size : 48,7 Mb
Release : 2018-04-12
Category : Law
ISBN : 9781108424479

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The Legitimacy of International Trade Courts and Tribunals by Robert Howse,Hélène Ruiz-Fabri,Geir Ulfstein,Michelle Q. Zang Pdf

2.2 Procedural Rules and Issues