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State Consent, Investor Interests And The Future Of Investment Arbitration: Reanalyzing The Jurisdiction Of Investor-State Tribunals In Hard Cases, Paul M. Blyschak
State Consent, Investor Interests And The Future Of Investment Arbitration: Reanalyzing The Jurisdiction Of Investor-State Tribunals In Hard Cases, Paul M. Blyschak
Paul M Blyschak
While the international investment regime has enjoyed an extended period of enthusiastic subscription, this euphoria has begun to recede in some quarters. Although sovereign consent to waive immunity is at the heart of investor-State arbitration, many states feel that this consent has been illegitimately expanded. In this regard, this thesis examines the degree to which the interpretive approach taken to state consent to arbitration can affect whether an investment tribunal will assert jurisdiction over an investment dispute. Investor-State tribunals often confront ‘hard cases’ where their authority to decide a dispute is vigorously contested by respondent host states. This thesis examines …
State Consent, Investor Interests And The Future Of Investment Arbitration: Reanalyzing The Jurisdiction Of Investor-State Tribunals In Hard Cases, Paul M. Blyschak
State Consent, Investor Interests And The Future Of Investment Arbitration: Reanalyzing The Jurisdiction Of Investor-State Tribunals In Hard Cases, Paul M. Blyschak
Paul M Blyschak
While the international investment regime has enjoyed an extended period of enthusiastic subscription, this euphoria has begun to recede in some quarters. Although sovereign consent to waive immunity is at the heart of investor-State arbitration, many states feel that this consent has been illegitimately expanded. In this regard, this thesis examines the degree to which the interpretive approach taken to state consent to arbitration can affect whether an investment tribunal will assert jurisdiction over an investment dispute. Investor-State tribunals often confront ‘hard cases’ where their authority to decide a dispute is vigorously contested by respondent host states. This thesis examines …
Strategic Protectionism? National Security And Foreign Investment In The Russian Federation, Jesse R. Heath
Strategic Protectionism? National Security And Foreign Investment In The Russian Federation, Jesse R. Heath
Jesse R Heath
Russia recently joined the growing list of nations that formally control foreign investment in ‘strategic’ industries. The new law regulating foreign investment generated mixed reviews, ranging from harsh criticism in the media to restrained optimism from investors. In this note, I will argue that the new strategic industries law, though not perfect, is less restrictive than critics claim and helps establish the ‘rules of the game’ for foreign investors in sensitive industries. Most importantly, the law is generally consistent with standards promoted by the Organization for Economic Co-operation and Development and will likely help promote foreign investment in Russia.