Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Investments, Foreign --- Arbitration and award, International. --- Commercial treaties. --- Law and legislation. --- Arbitration and award, International --- Commercial treaties --- Trade agreements (Commerce) --- Competition, International --- Foreign trade regulation --- Treaties --- Reciprocity (Commerce) --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- Law and legislation --- Investments, Foreign - Law and legislation.

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Investment arbitrators rely on sovereignty for their legal status just as investor-state disputes usually stem from disagreements about the role of the state in society. As a result, investment arbitration is a vehicle for the exercise of sovereign authority and a site for contesting sovereign choices. This book investigates and evaluates the decision-making record and policy trajectory of international investment arbitration, from theoretical, doctrinal, and empirical perspectives.It analyses the extent to which the system used to resolve disputes impacts on the role of government, affecting

Investments, Foreign --- International commercial arbitration. --- Commercial treaties. --- Law and legislation. --- Trade agreements (Commerce) --- Competition, International --- Foreign trade regulation --- Treaties --- Reciprocity (Commerce) --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- Law and legislation

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

Governments are rightly discussing reform of investment treaties, and of the powerful system of ‘investor–state dispute settlement’ (ISDS) upon which they rest. It is therefore important to be clear about the crux of the problem. ISDS treaties are flawed fundamentally because they firmly institute wealth-based inequality under international law. That is, they use cross-border ownership of assets, mostly by multinationals and billionaires, as the gateway to extraordinary protections, while denying equivalent safeguards to those who lack the wealth required to qualify as foreign investors. The treaties thus have the main effect of safeguarding an awe-inspiring set of rights and privileges for the ultra-wealthy at the expense of countries and their populations. This book shows how ISDS came to explode in a global context of extreme concentration of wealth and of widespread poverty. The history of early ISDS treaties is highlighted to show their ties to decolonization and, sometimes, extreme violence and authoritarianism. Focusing on early ISDS lawsuits and rulings reveals how a small group of lawyers and arbitrators worked to create the legal foundations for massive growth of ISDS since 2000. ISDS-based protections are examined in detail to demonstrate how they give exceptional advantages to the wealthy. Examples are offered of how the protections have been used to reconfigure state decision making and shift sovereign minds in favour of foreign investors. Finally, the ongoing efforts of governments to reform ISDS are surveyed, with a call to go further or, even better, to withdraw from the treaties.

Investissements étrangers --- Sociétés étrangères --- Droit --- Investments, Foreign (International law) --- International investment law --- Investment law, International --- International law

Choose an application

• Reference Manager
• EndNote
• RefWorks (Direct export to RefWorks)

The recent explosion of investor claims against sovereign states under investment treaties marks a revolution in international and public law. This book analyses how this development is corrupting our historic tradition of judicial independence.

Law, Politics & Government --- Law, General & Comparative