Search results for ___ in ___ using the tag international investment law between 01/01/2008 and 28/11/2022 by ___.

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ISDS reform and air guitar: A response to Grant and Kieff

In issue 2020(2) of EJIL, we published an empirical study concerning the public perception of investment arbitration. Our article presents the results of four experiments…

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A new variety of rights-based climate litigation: a challenge against the Energy Charter Treaty before the European Court of Human Rights

In the last couple of years, the European Court of Human Rights (ECtHR) has become a hotspot for rights-based climate change litigation. At the time of writing, seven…

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New Options for Investor Accountability in ISDS

ISDS emerged in the twentieth century to empower foreign investors to assert legal claims against host states without the intervention of their home state. But this understanding of…

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UNCITRAL and ISDS Reform (Hybrid): Season 5 – Watching the Grass Grow

Watching UNCITRAL Working Group III over the years has been a bit like viewing a long-running television series. The beginning of the process was exciting as we met…

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The Articles on Responsibility of States for Internationally Wrongful Acts and the making of international investment law

In modern international law, the relationship between state responsibility and the protection of foreigners and their property is one of cross-fertilization and even common origin. When in 1924…

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Justifying privilege in international investment law – a rejoinder to Jurgen Kurtz

In a recent issue of EJIL (EJIL (2020), Vol. 31 No. 1), I have an article on how international investment law privileges foreign investors, to which Jürgen Kurtz…

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COVID-19 and ‘War’ Clauses in Investment Treaties: A Breach through the Wall of State Sovereignty?

In the fog of COVID-19, lawyers are identifying ways to hold States accountable for the outbreak, indecision and/or actions, whether or not violating due diligence obligations.

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Epidemic Sovereignty? Contesting investment treaty claims arising from coronavirus measures

  Though nothing can be immortall, which mortals make; yet, if men had the use of reason they pretend to, their Common-wealths might be secured, at least,…

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