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English, , 528kb
This working paper examines two issues concerning foreign state-controlled investors: whether the doctrine of foreign state immunity may make it difficult for private parties to pursue legitimate claims against them and whether that doctrine creates regulatory enforcement gaps for host countries.
This working paper provides an overview of recent developments in investment treaty practice with regard to the protection of intellectual property rights (IPRs).
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This working paper provides a revised measure of regulatory restrictions on inward foreign direct investment (FDI) for OECD countries and extends the approach to 13 non-member countries.
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Given the very frequent occurrence of the umbrella clause in modern investment treaties, and the different language used in these treaties, this paper aims to improve an understanding of the interpretations of this clause.
English, , 184kb
This working paper summarises information available in the public domain about investor-state dispute settlement in the infrastructure sectors.
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This working paper deals with issues related to the quality of arbitral awards; examines issues related to multiple and parallel proceedings and explores the merits of consolidation of claims; and deals with challenges of jurisdictional nature.
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This working paper provides background information on what multilateral instruments have influenced or supported the Multinational Enterprises Guidelines and more.
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This working paper presents a fact finding study of the corporate responsibility policies and practices of emerging market companies.
English, , 189kb
The system of investment dispute settlement has borrowed its main elements from the system of commercial arbitration. However, investor-state disputes often raise public interest issues which are usually absent from international commercial arbitration. As a result, the traditional manner in which governmental measures are reviewed for compliance with international law in a private setting, i.e. confidential in camera proceedings
English, , 130kb
This document provides factual elements of information on jurisprudence, state practice and literature related to "Indirect Expropriation" and the "Right to Regulate". It presents the issues at stake and describes the basic concepts of the obligation to compensate for indirect expropriation, reviews whether and how legal instruments and other texts articulate the difference between indirect expropriation and the right of the