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Winning And Losing In Investor-State Arbitration, Tim Samples
Winning And Losing In Investor-State Arbitration, Tim Samples
Scholarly Works
As tensions between investors’ rights and sovereign power escalate, investor-state dispute settlement has become a focal point of backlash and controversy. As a result, ISDS now embodies two opposing currents in international law: (i) the erosion of sovereignty that accompanied economic globalization, trade frameworks, and investment treaties following the Second World War and (ii) more recently, reassertions of sovereignty prompted by recent backlashes against the global economic order. This Article measures and evaluates outcomes of the ISDS system for sovereign participants. Using the best available data, this Article contributes more detailed assessments of sovereign winners (home states of claimants) and …
The Impact Of Arbitral Awards On The Development Of International Law: The Development Of The International Law Concerning The Taking Of Foreign-Owned Property, Rainer Gildeggen
The Impact Of Arbitral Awards On The Development Of International Law: The Development Of The International Law Concerning The Taking Of Foreign-Owned Property, Rainer Gildeggen
LLM Theses and Essays
The thesis concludes that arbitral awards do have an impact on the development of international law. It focuses on arbitral awards rendered in disputes between states and on those rendered in investment disputes between states and aliens. In Chapter II theoretical considerations concerning the influence of arbitral awards on the development of the international law are made. Chapter III, which examines the impact of arbitral awards on the development of some rules of the international law concerning the taking of foreign-owned property, illustrates the role which arbitral awards rendered in investment disputes play in the development of international law.