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International Trade Law Commons

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Full-Text Articles in International Trade Law

The Politics Of International Arbitration And Adjudication, Stephen E. Gent Apr 2013

The Politics Of International Arbitration And Adjudication, Stephen E. Gent

Penn State Journal of Law & International Affairs

Arbitration and adjudication have proven to be effective means of producing long-lasting settlements on contentious issues, but states are generally reluctant to use such legal forms of dispute resolution, especially in resolving issues of national security. To understand when policymakers can and should promote the use of legal mechanisms, they need to understand the political reasons behind the reluctance of states to use these forums. This essay identifies five factors that significantly influence the willingness of states to relinquish decision control and pursue arbitration or adjudication: third-party bias, salience, uncertainty, bargaining power, and armed conflict. To promote the use of …


Defining The Scope Of Indirect Expropriation For International Investments , Peter D. Isakoff Jan 2013

Defining The Scope Of Indirect Expropriation For International Investments , Peter D. Isakoff

Global Business Law Review

At present, arbitral tribunals have applied a variety of standards to ascertain when indirect expropriation occurs. This article examines the complexities and ambiguities of current indirect expropriation standards and argues that a clear, uniform standard is needed to identify indirect expropriation. Ultimately, this article proposes that arbitral tribunals should only find that indirect expropriation occurs when (i) a state takes actions that substantially deprive the foreign investor of the profitability of its investment, and (ii) the state action was not reasonably predictable to the investor. Part I of this article provides a summary of the current state of expropriation doctrine. …