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- Investor-State Dispute Settlement; ISDS; International Investment; Corporations; Investment; Foreign Investment; Investment Disputes of the World Bank; ICSID; United Nations Commission on International Trade Law; UNCITRAL; Arbitration; International Arbitration; Investment Treaties; Bilateral Investment Treaties; BITs; Expropriation; Minimum Standards; National Treatment; Trans-Pacific Partnership; TTP; Transatlantic Trade and Investment Partnership; TTIP; Convention on the Recognition and Enforcement of Foreign Arbitral Awards; Trade Agreements; Phillips Morris v. Uruguay; European Union; Investor Court System; 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards; ICSID Convention; Comprehensive Economic and Trade Agreement; CETA (1)
- White-collar crime; Compelled testimony; Cross-border; International white-collar investigation; Financial corporations; International; Multijurisdictional; United States v. Allen; Kastigar hearing; DOJ; Department of Justice; MLAT; Mutual Legal Assistance Treaty; Taint; Taint Teams; Parallel Investigations; Future Foreign Corrupt Practices Act; Fifth Amendment; Derivative Use Immunity; Financial Conduct Authority; FCA (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
The (Not-So) “Brave New World Of International Criminal Enforcement”: The Intricacies Of Multi-Jurisdictional White-Collar Investigations, Emily T. Carlson
The (Not-So) “Brave New World Of International Criminal Enforcement”: The Intricacies Of Multi-Jurisdictional White-Collar Investigations, Emily T. Carlson
Brooklyn Law Review
We have entered a new age of international white-collar crime and are seeing the growing interdependency of the Department of Justice (DOJ) and parallel foreign agencies to conduct investigations and subsequent prosecutorial proceedings. This coordination to combat these crimes, however, has revealed a troubling question—how can enforcement agencies work effectively together if they have fundamental differences in the legal authority governing testimony-gathering and what evidence is allowed before a grand jury? The Court of Appeals for the Second Circuit, in United States v. Allen, confronted this issue directly as it overturned two indictments arising out of suspected manipulation of a …
Investor-State Dispute Settlement: Is There A Better Alternative?, Emily Osmanski
Investor-State Dispute Settlement: Is There A Better Alternative?, Emily Osmanski
Brooklyn Journal of International Law
As the world has transitioned from national; isolated economies with localized issues into a globalized and interconnected economy with cross-border disputes; the law has struggled to keep up. Recent trade negotiations have highlighted the difficulty states face in promoting trade; while also creating a fair; accessible; and equitable forum for producers and consumers with nationalities touching every area of the globe. For several decades; Investor-State Dispute Settlement (ISDS) has been in place to address claims brought by foreign investors against the host states. External improvements have helped support foreign direct investment and the ISDS model of dispute resolution; such as …