Global ETD Search

1	An Investment Court System : Perpetuating or Reforming the Legitimacy Crisis in Investor-State Arbitration? Rush, Tadhg January 2019 (has links) For the last two to three decades there has been an on-going legitimacy debate surrounding Investment Treaty Arbitration. States, scholars and public opinion argue that reform is needed. The European Union proposes the reform of Investor-State Arbitration through the creation of an Investment Court System. This is exemplified by recent European Union negotiated trade agreements such as the EU-Canada Comprehensive Economic Trade Agreement and the EU-Vietnam Investment Protection Agreement. This thesis discusses whether an Investment Court System is a step towards solving the legitimacy concerns or whether an Investment Court System will thrust Investor-State Arbitration into the relative unknown, exacerbating the validity questions enveloping Investor-State Arbitration. The thesis observes the criticisms raised by eminent scholars, States and campaigners against Investor-State Arbitration and the reforms proposed by the European Union Commission and European Union Parliament, in the form of an Investment Court System. Finally, the study looks briefly at how certain countries who have become disenfranchised with Investor-State Arbitration are approaching reform internationally, and comparatively discusses whether these options would be more beneficial to the Investor-State Arbitration community, rather than the European Union proposed Investment Court System. Investment Court System European Union Legitimacy Crisis Investor-State Arbitration Reform Law Juridik
2	Návrh Evropské komise ve věci reformy mechanismu řešení investičních sporů: komparativní analýza / European Commission's Reform Proposal Concerning The Investment Dispute Settlement Mechanism: Comparative Analysis Munzar, Tomáš January 2016 (has links) European Commission's Reform Proposal Concerning The Investment Dispute Settlement Mechanism: Comparative Analysis In November 2015, during negotiations with the USA about the investment chapter of TTIP, the European Commission presented US delegates with a text which significantly differs from the traditional model of ISDS. Commission's reform proposal is a reaction to the current criticism directed towards the legitimacy of investment arbitration and to the demands for its thorough reform or even removal from the TTIP draft text. The Commission introduced the proposal after the public consultation opened in connection with the criticism of ISDS attracted significant public interest. This thesis aims to analyze the Commission's proposal and determine whether the Commission has introduced a sound proposal which would be capable of replacing the traditional concept of ISDS. The thesis further examines whether there are smaller or larger differences between the Commission's proposal and traditional ISDS and whether the Commission could have taken a different approach to some issues. After the first chapter dedicated to the criticism of investment arbitration and the results of the public consultation, the thesis analyses the Commission's proposal. Most attention is given to its procedural aspects,...
3	Appeal mechanisms and Investment Court Systems in Investor-State Dispute Settlement : An analysis of AM and ICS suggestions, in light of contemporary reform Drakopoulos, David January 2021 (has links) We begin with a short analysis of the history of Investor-State Dispute Settlement (ISDS). We then discuss the merits and demerits of the regime, such as the arguments between finality, speediness, and correctness. Following from this, historical reforms are discussed, and whether those issues have gotten worse or better since these discussions. The modern problems are discussed, leading to the explanation of the “legitimacy crisis”. As Appellate Mechanisms (AM) and Investment Court Systems (ICS) both propose multi layered systems, we argue whether ISDS must be a “one bite at the apple” system. We expand on the issues of regulatory chill, before showing the contradictions in the granting of awards. From this, a discussion is raised on the advantages of a tenured system of adjudicators, particularly in reference to their apparent bias. We delve deeper into the direct consequences of the perceived issues of ISDS, in the context of human rights, the environment, and other issues of sovereignty.As more reforms are suggested, the question of “what makes arbitration, arbitration?” is raised. From here, we may begin to suggest reforms based on which key factors are to be preserved. Firstly, we discuss current reform options, such as the Mauritius Convention. We take inspiration from existing AM, and prior discussions on the implementation of such a system across the International Centre for Settlement of Investment Disputes (ICSID) and United Nations Commission on International Trade Law (UNCITRAL) frameworks. We analyse whether these discussions have led to change by comparing trends in drafting.Thereon, we offer suggestions of reform. ICS and how this would be implemented, what it would look like structurally, and its positive and negative effects. Using the Comprehensive Economic and Trade Agreement (CETA) and other contemporary ICS reform suggestions, we gain some knowledge of what an ICS regime could and should look like, the implementation of AM previously discussed in this regime, and other. Finally, we offer a different solution to the problems, yet less pragmatic, the termination of arbitration. arbitration investor State ISDS IIA BIT appellate mechanism AM Investment Court System ICS economic imperialism status quo regime environment human rights multilateral investment court MIC UNCITRAL ICSID CETA ECA European Court of Arbitration foreign investment capital capital importing capital exporting reform international investment law IIL Law and Society Juridik och samhälle
4	Vliv společné evropské investiční politiky na systém mezinárodního investičního práva / The Influence of EU Common Investment Policy on the System of International Investment Law Svoboda, Ondřej January 2020 (has links) 1 The Influence of EU Common Investment Policy on the System of International Investment Law Abstract Extending exclusive European Union (EU) competence to foreign direct investment (FDI) in the Lisbon Treaty has had profound implications. The EU began to develop its own investment policy, including negotiating either international investment agreements or comprehensive trade and investment agreements with third parties. Taking into account the magnitude of the EU economy and the fact that EU Member States have concluded almost 1 400 bilateral investment treaties (BITs) out of roughly 3 300 in force worldwide, the potential of European influence over the system of international investment, based principally on BITs, is enormous. The aim of this dissertation is to assess how and in which way the new EU competence changes the system. The EU investment policy has developed a specific approach towards investment protection and investment dispute mechanism which does not envision content declared at its beginning. According to initial documents such as the European Commission's Communication Towards a comprehensive European international investment policy, the Union should have followed the available best practices of the Member States. Nevertheless, during the first bilateral negotiations with Canada and...
5	Investiční politika Evropské unie - ochrana přímých zahraničních investic / Investment Policy of the European Union - protection of foreign direct investment Štamberk, David January 2017 (has links) Investment Policy of the European Union - protection of foreign direct investment Abstract One of the changes brought about by the Lisbon Treaty is the explicit inclusion of foreign direct investment and its protection in the common commercial policy of the European Union. This is one of the areas of exclusive competence of the EU. The European Union has subsequently stated negotiating bilateral agreements governing, inter alia, investment issues. However, it has not been spared from controversy and negative publicity that has been accompanying especially the TTIP and the CETA. This work aims to analyse the investment policy of the EU and mutual interaction of its institutions with the Member States and third parties. After general introduction to the topic of international investment law and EU law (chapters II. and III.), it is devoted to the issue of protection of foreign investment in the internal market. Its regime is then compared with the BIT regime (chapter IV.). Attention is then focussed towards the EU's external relations in the field of investment protection. Its competence is subjected to further analysis (chapter V.) and current results of efforts of the Commission and the EU as such are also discussed (chapter VI.). It is so in the light of possible impacts of foreign investment in terms of...

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