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Full-Text Articles in Law

Sovereign Policy Flexibility For Social Protection: Managing Regulatory Risk In International Investment Agreements, Dr. Diane A. Desierto Jan 2013

Sovereign Policy Flexibility For Social Protection: Managing Regulatory Risk In International Investment Agreements, Dr. Diane A. Desierto

Dr. Diane A Desierto

This Article focuses on the design of regulatory risk in international investment agreements (IIAs), and its counterpart treatment in investment arbitral practices. It demonstrates that the uneven conception and treatment of regulatory risk in investment arbitrations stands to threaten the basic premise of regulatory predictability in IIA design. IIAs do not intend to entrench static or hermetically sealed regulatory frameworks, but rather, are designed to enable States Parties to the IIA as well as investors (as third-party beneficiaries of the IIA), to mutually, fairly, and transparently predict and estimate the economic returns and risks of investment. Thus, while the substantive …


Bridging The Public Interest Divide: Committee Assistance For Investor-Host State Compliance With The Icescr, Dr. Diane A. Desierto, Bruno Simma Jan 2013

Bridging The Public Interest Divide: Committee Assistance For Investor-Host State Compliance With The Icescr, Dr. Diane A. Desierto, Bruno Simma

Dr. Diane A Desierto

No abstract provided.


Conflict Of Treaties, Interpretation, And Decision-Making On Human Rights And Investment During Economic Crises, Dr. Diane A. Desierto Jan 2013

Conflict Of Treaties, Interpretation, And Decision-Making On Human Rights And Investment During Economic Crises, Dr. Diane A. Desierto

Dr. Diane A Desierto

No abstract provided.


The International Court Of Justice In The Settlement Of Foreign Investment Disputes, Dr. Diane A. Desierto Jan 2013

The International Court Of Justice In The Settlement Of Foreign Investment Disputes, Dr. Diane A. Desierto

Dr. Diane A Desierto

No abstract provided.