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English, , 66kb
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.
English, , 104kb
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.
English, , 487kb
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.
English, , 262kb
This working paper provides background information on what multilateral instruments have influenced or supported the Multinational Enterprises Guidelines and more.
English, , 315kb
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
Russian, , 887kb
This article on "Indirect Expropriation" and the "Right to Regulate" in International Investment Lawwas translated into Russian by Dr. Marina Trunk-Fedorova, LL.M. and published in Die Rechtslage von Auslandsinvestitionen in Transformationslaendern – Legal issues of foreign investment in transition countries. Liber Amicorum to Professor Wolfgang Seiffert, former Director of the Institute of East European Law at the University of
English, , 249kb
This document provides factual elements of information on jurisprudence, literature and state practice related to the fair and equitable treatment standard. It examines the origins of the standard and its use in international agreements and state practice, its relationship with the minimum standard of international customary law and the elements of its normative content as identified by arbitral tribunals.