The legitimacy crisis of investor-state arbitration and the new EU investment court system

T Dietz, M Dotzauer, ES Cohen - Review of International Political …, 2019 - Taylor & Francis
In response to the ongoing legitimacy crisis of investor-state arbitration, the European Union
(EU) developed a new model of investor-state dispute settlement (ISDS) that replaces …

Crossfertilizing ISDS with TRIPS

PK Yu - Loy. U. Chi. LJ, 2017 - HeinOnline
In the past few years, investor-state dispute settlement (" ISDS") has garnered considerable
scholarly, policy, and media attention. 1 Such attention can be partly attributed to the …

[图书][B] Constraining Development

RD Thrasher - 2021 - books.google.com
There is a fundamental mismatch between the global trade rules as they govern
international economic behaviour and the political economic factors influencing domestic …

The CETA ratification Saga: the demise of ISDS in EU trade agreements

DA Gantz - Loy. U. Chi. LJ, 2017 - HeinOnline
At the outset, I wish to clarify that this Article is not primarily about the substantive content of
the Comprehensive Economic and Trade Agreement (" CETA")'concluded between the …

Fair and equitable treatment

P Dumberry - … Investment Under the Comprehensive Economic and …, 2019 - Springer
This chapter examines the Fair and Equitable Treatment (FET) standard clause contained in
the CETA Investment Chapter. I will first examine the reasons why the provision is novel and …

Fair and Equitable Treatment: Its Interaction with the Minimum Standard and Its Customary Status

P Dumberry - Brill Research Perspectives in International Investment …, 2017 - brill.com
The book addresses two questions which have been debated by scholars in the last 20
years regarding the fair and equitable treatment ('fet') standard found in bit s. It examines the …

The Future of Investor-State Dispute Settlement in the EU-China Comprehensive Agreement on Investment

M Du - The EU-China Comprehensive Agreement on …, 2024 - Springer
This chapter intends to explore the future of the ISDS provisions in the CAI. Contrary to the
dominant view that it is unlikely for China to be a supporter of the EU's ISDS reform proposal …

A paradigm change: the CETA investment chapter

M Bungenberg, A Reinisch - ZEuS Zeitschrift für Europarechtliche …, 2021 - nomos-elibrary.de
Abstract The Investment Chapter of the Comprehensive Economic and Trade Agreement
(CETA) can be seen as an unofficial blueprint of future EU Investment Agreements and …

[图书][B] An Empirical Study of the Fair and Equitable Treatment Standard Clause: How Tribunals Have Examined its Relationship with the Minimum Standard

P Dumberry - 2024 - books.google.com
Although the vast majority of investment treaties include a fair and equitable treatment (FET)
clause, a considerable degree of variation in the actual content of the clause remains. In this …

A Battle for Choice: Selecting Investor-State Arbitrators under the RCEP

S Karr - Temp. L. Rev., 2017 - HeinOnline
States face many choices when negotiating trade agreements. The substantive
considerations in trade agreements are numerous and can range from the large-scale …