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Protecting biodiversity will require the phase-out of harmful production at a large scale. However, some of these … bilateral investment treaties they are parties to, that pose the most severe threat to biodiversity protection. It assumes that … foreign investment positions, and (iii) in countries with vulnerable biodiversity. To operationalize these notions, the paper …
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The reform option on the Standing Multilateral Mechanism (SMM) currently under discussion at UNCITRAL's Working Group III (WGIII) has raised a number of important, systemic concerns for the procedural reforms of investor-State dispute settlement. This paper first seeks to situate the discussions...
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Many BITs contain the so-called MFN clause, under which a host State may not treat the relevant investment less favorably than the investment of an investor from any other country. Much confusion, however, has arisen on the question of whether an investor may rely on an MFN clause to invoke the...
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Many countries in the East Asian and Pacific (EAP) region have strengthened their networks of bilateral investment treaties (BITs) and other international investment agreements (IIAs). This growth in investment protection instruments not only illustrates the region's continued attractiveness to...
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the past century, and the establishment of arbitration forums across the world. Looks at how investment treaty arbitration …
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While there is an extensive amount of literature on the noodle bowl of agreements in Asia, the majority of studies exclusively focus on trade (in goods). So far, little emphasis has been placed on the proliferation of international investment treaties (IIAs). Given the significance of IIAs, it...
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