Essays about: "investor state dispute settlement"
Showing result 1 - 5 of 14 essays containing the words investor state dispute settlement.
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1. Exchanging Bilateral Investment Treaties and Investor-State Dispute Settlement for the Acquis Communautaire : A three-stage analysis of the effects for investors, the level of investment protection and for the flow of Foreign Direct Investment on the internal market
University essay from Stockholms universitet/Juridiska institutionenAbstract : Through the judgements of Achmea and PL Holdings, the Court of Justice of the European Union (CJEU) has prohibited the use of Investor-State Dispute Settlement (ISDS) as well as the enforcement of any awards stemming from such procedures within the European Union (EU). This means that investors on the internal market can no longer enjoy the protection which was awarded to them by the protection standards inherent in the Bilateral Investment Treaties (BITs) which were previously relied upon by investors in the Member States (MS), and which provided for the possibility of ISDS. READ MORE
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2. Komstroy: Invalidating investor-State Arbitration Under the Energy Charter Treaty in intra-EU Disputes : Manifesting the Principle of Autonomy of the EU Legal Order, the International Law Infraction and the Investors Caught in Between
University essay from Stockholms universitet/Juridiska institutionenAbstract : This thesis analyses the Court of Justice of the European Union (the Court) recent ruling Komstroy on the compatibility between the EU Treaties and the investor-State arbitration mechanism contained in Article 26 of the multilateral 1994 Energy Charter Treaty (ECT). The Court determined that Article 26 ECT is inapplicable in intra-EU disputes, albeit the European Union (EU) being a Contracting Party to the ECT, because such alternative methods for dispute settlement threatens the autonomy of the EU legal order. READ MORE
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3. A Rebalancing Act? - Human Rights and Environmental Counterclaims in International Investment Arbitration
University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakultetenAbstract : International investment law (IIL) is a highly complex area of law that consists of around 3000 international investment agreements (IIAs) that aim to promote and protect foreign investment. They provide for investor-State dispute settlement (ISDS) which gives investors the right to sue host States directly through international arbitral tribunals. READ MORE
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4. Appeal mechanisms and Investment Court Systems in Investor-State Dispute Settlement : An analysis of AM and ICS suggestions, in light of contemporary reform
University essay from Uppsala universitet/Juridiska institutionenAbstract : We begin with a short analysis of the history of Investor-State Dispute Settlement (ISDS). We then discuss the merits and demerits of the regime, such as the arguments between finality, speediness, and correctness. READ MORE
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5. ISDS vs. Diplomatic protection : What venue, for future investment disputes, would be the best of choices in accordance to have justified investment protection?
University essay from Uppsala universitet/Juridiska institutionenAbstract : From the end of 18th century, investors from the Western hemisphere were in need of a protection for their investors. Whenever, inter alia, host-States of Latin America could not – or did not – assist the foreign investors through sufficient local remedies, investors instead sought remedies through their own government. READ MORE
