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Improving the System of Investor-State Dispute Settlement

10-Feb-2006

This working paper provides an overview of investor-state dispute settlement mechanisms.  It 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. 

OECD calls for greater transparency in Investor-State dispute settlement procedures

30-Aug-2005

The OECD Investment Committee has released a statement supporting additional transparency in international investment arbitration.  It has also published a study which examines the current rules, steps taken to improve transparency and the perceived advantages as well as the challenges of additional transparency.

Fair and Equitable Treatment Standard in International Investment Law

11-Oct-2004

This study 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.

"Indirect Expropriation" and the "Right to Regulate" in International Investment Law

11-Oct-2004

This OECD study 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 governments to regulate without compensation and attempts to identify a number of criteria which emerge from jurisprudence and state practice for determining whether an indirect expropriation has occurred.

Most-Favoured-Nation Treatment in International Investment Law

05-Oct-2004

This study aims to enhance understanding of investment protection provisions in international investment agreements.  It provides a factual survey of jurisprudence and related literature on MFN treaty clauses in investment agreements.

Relationships between International Investment Agreements

19-May-2004

International, bilateral and regional agreements have proliferated in the last ten to twenty years and new ones are still being negotiated.  This study seeks to increase the level of understanding of the relationships between international investment disciplines, drawing on an analysis of key international investment agreements, and OECD’s experience with the relationship between its own instruments and other relevant agreements.




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