› › Legitimacy Concerns In Investor State Dispute Settlement

Legitimacy and International Courts

Author : Nienke Grossman

Publisher : Cambridge University Press

Page : 397 pages

File Size : 46,53 MB

Release : 2018-02-22

Category : Law

ISBN : 1108540228

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Book Description

One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.



Transparency in International Investment Arbitration

Author : Dimitrij Euler

Publisher : Cambridge University Press

Page : 413 pages

File Size : 41,82 MB

Release : 2015-08-10

Category : Education

ISBN : 1107077931

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Book Description

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



The Backlash Against Investment Arbitration

Author : Michael Waibel

Publisher : Kluwer Law International B.V.

Page : 674 pages

File Size : 45,46 MB

Release : 2010-01-01

Category : Law

ISBN : 9041132023

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Book Description

"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.



Reshaping the Investor-State Dispute Settlement System

Author : Jean E. Kalicki

Publisher : Hotei Publishing

Page : 1043 pages

File Size : 25,9 MB

Release : 2015-02-04

Category : Law

ISBN : 9004291105

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Book Description

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.



The Legitimacy of Investment Arbitration

Author : Daniel Behn

Publisher : Cambridge University Press

Page : 581 pages

File Size : 44,96 MB

Release : 2022-01-13

Category : Law

ISBN : 1108943756

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Book Description

International investment arbitration remains one of the most controversial areas of globalisation and international law. This book provides a fresh contribution to the debate by adopting a thoroughly empirical approach. Based on new datasets and a range of quantitative, qualitative and computational methods, the contributors interrogate claims and counter-claims about the regime's legitimacy. The result is a nuanced picture about many of the critiques lodged against the regime, whether they be bias in arbitral decision-making, close relationships between law firms and arbitrators, absence of arbitral diversity, and excessive compensation. The book comes at a time when several national and international initiatives are under way to reform international investment arbitration. The authors discuss and analyse how the regime can be reformed and ow a process of legitimation might occur.



Adjudicating Global Business in and with India

Author : Leïla Choukroune

Publisher : Routledge

Page : 190 pages

File Size : 48,10 MB

Release : 2021-07-22

Category : Law

ISBN : 1000407969

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Book Description

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.



Handbook of International Investment Law and Policy

Author : Julien Chaisse

Publisher : Springer

Page : 0 pages

File Size : 44,19 MB

Release : 2021-08-17

Category : Law

ISBN : 9789811336140

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Book Description

The Handbook of International Investment Law and Policy is a one-stop reference source. This Handbook covers the main conceptual questions in a logical, scholarly yet easy to comprehend manner. It is based on a truly global vision insisting particularly on Global South related issues and developments. In this respect, the Handbook of International Investment Law and Policy provides an excellent modern treatment of international investment law which is one of the fastest growing areas of international economic law. Professor Julien Chaisse, Professor Leïla Choukroune, and Professor Sufian Jusoh are the editors-in-chief of the Handbook of International Investment Law and Policy, a 1,500-page reference book, which is anticipated becoming one of the most influenced reference books in the international economic law areas. This Handbook is a highly comprehensive set of four volumes of original materials designed to cover all facets of international investment law and policy. The chapters, written by world-leading experts, explore key ideas and debates in relation to: international investment substantive law (Volume I), Investor-state dispute settlement (Volume II); interaction between international investment law and other fields of international law (Volume III); and, the new trends and challenges for international investment law (Volume IV). The Handbook will feature more than 80 contributions from leading experts (academics, lawyers, government officials), including Vivienne Bath, M. Sornarajah, Mélida Hodgson, Rahul Donde, Roberto Echandi, Andrew Mitchell, Ernst-Ulrich Petersmann, Christina L. Beharry, Krista Nadakavukaren Schefer, Leon Trakman, Prabhash Ranjan, Emmanuel Jacomy, Mariel Dimsey, Stavros Brekoulakis, Romesh Weeramantry, Nathalie Bernasconi-Osterwalder, David Collins, Damilola S. Olawuyi, Katia Fach Gomez, Jaemin Lee, Alejandro Carballo-Leyda, Patrick W. Pearsall, Mark Feldman, Surya Deva, Luke Nottage, Rafael Leal-Arcas, James Nedumpara, Rodrigo Polanco, etc. This Handbook will be an essential reference tool for students and scholars of international economic law. Policy makers and researchers alike will find the Handbook of International Investment Law and Policy useful for years to come.



The Popular Legitimacy of Investor-State Dispute Settlement

Author : Marius Dotzauer

Publisher : Taylor & Francis

Page : 148 pages

File Size : 39,5 MB

Release : 2023-09-29

Category : Political Science

ISBN : 1000962911

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Book Description

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.



Prospects in International Investment Law and Policy

Author : Roberto Echandi

Publisher : Cambridge University Press

Page : 495 pages

File Size : 30,53 MB

Release : 2013-04-18

Category : Law

ISBN : 1107035864

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Book Description

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



Constitutionalizing Economic Globalization

Author : David Schneiderman

Publisher : Cambridge University Press

Page : 60 pages

File Size : 18,48 MB

Release : 2008-03-27

Category : Law

ISBN : 1139470094

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Book Description

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.