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Articles 1 - 17 of 17
Full-Text Articles in Law
Public And Private In International Investment Law: An Integrated Systems Approach, Julie A. Maupin
Public And Private In International Investment Law: An Integrated Systems Approach, Julie A. Maupin
Faculty Scholarship
Members of the invisible college of international investment lawyers are engaged in a fierce battle over the conceptual foundations of their common legal enterprise. The debate centers on whether the international legal regime governing foreign direct investment is a de facto transnational public governance system or merely an institutional support structure for the settlement of essentially private investment disputes. These attempts to establish the public versus private nature of the regime are misconceived. International investment law deals with both public and private concerns, impacts upon both public and private actors, and crosses over traditional divides separating public law from private …
Differentiating Among International Investment Disputes, Julie A. Maupin
Differentiating Among International Investment Disputes, Julie A. Maupin
Faculty Scholarship
Can investor-state arbitration tribunals, which exercise jurisdiction over limited claims involving discrete parties, render awards that deliver individualized justice while also promoting systemic fairness, predictability and coherence? The answer, I argue, is a qualified yes – provided that the methods employed are tailored to the particular characteristics of each dispute. Using three well-known investment arbitrations as case studies, I illustrate that investor-state disputes vary widely in terms of their socio-legal, territorial, and political impacts. Significant variances along these three dimensions call for a differentiated approach to investor-state dispute resolution. I outline what such an approach might look like and analyze …
Transparency In International Investment Law: The Good, The Bad, And The Murky, Julie A. Maupin
Transparency In International Investment Law: The Good, The Bad, And The Murky, Julie A. Maupin
Faculty Scholarship
How transparent is the international investment law regime, and how transparent should it be? Most studies approach these questions from one of two competing premises. One camp maintains that the existing regime is opaque and should be made completely transparent; the other finds the regime sufficiently transparent and worries that any further transparency reforms would undermine the regime’s essential functioning. This paper explores the tenability of these two positions by plumbing the precise contours of transparency as an overarching norm within international investment law. After defining transparency in a manner befitting the decentralized nature of the regime, the paper identifies …
Where Should Europe’S Investment Path Lead?: Reflections On August Reinisch, “Quo Vadis Europe?”, Julie A. Maupin
Where Should Europe’S Investment Path Lead?: Reflections On August Reinisch, “Quo Vadis Europe?”, Julie A. Maupin
Faculty Scholarship
Relative to the past policies of its Member States, will the European Union’s new comprehensive international investment policy constitute a step forward, a step backward, or a perpetuation of the status quo? Professor Reinisch’s contribution to this volume opens a wide window on the current state of the debate. His cogent analysis suggests that, at present, all three possibilities remain live ones, although some basic contours of a likely trajectory are beginning to take shape. I use his musings as a springboard to investigate two questions which follow naturally from his. That is, in view of Professor Reinisch’s response to …
Fee Shifting In Investor-State Arbitration: Doctrine And Policy Justifying Application Of The English Rule, David P. Riesenberg
Fee Shifting In Investor-State Arbitration: Doctrine And Policy Justifying Application Of The English Rule, David P. Riesenberg
Duke Law Journal
In investor-state arbitration, tribunals can and should apply the English rule on legal costs and abandon the two alternatives, the American rule and the pro-claimant rule. Under the English rule, the unsuccessful party in a dispute must indemnify the prevailing party for the costs of dispute resolution. Both doctrine and public policy support the application of the English rule, particularly in light of the much-publicized backlash against the investor-state arbitration system. Most importantly, the English rule would help to mitigate the two most commonly identified causes of the backlash the system's alleged proinvestor bias and its chilling effect on host …
Stepping Stone Or Stumbling Block: Incrementalism And National Climate Change Legislation, Rachel Brewster
Stepping Stone Or Stumbling Block: Incrementalism And National Climate Change Legislation, Rachel Brewster
Faculty Scholarship
This Article examines the effects of incremental domestic legislation on international negotiations to limit greenhouse gas emissions. Mitigating the effects of climate change is a global public good, which, ultimately, only an international agreement can provide. The common presumption (justified or not) is that national legislation is a step forward to an international agreement. This Article analyzes how national legislation can create a demand for international action but can also preempt or frustrate international efforts. The crucial issue, which has been largely ignored thus far, is how incremental steps at the domestic level alter international negotiations. This paper identifies four …
Making Amends: Amending The Icsid Convention To Reconcile Competing Interests In International Investment Law, Kate M. Supnik
Making Amends: Amending The Icsid Convention To Reconcile Competing Interests In International Investment Law, Kate M. Supnik
Duke Law Journal
Globalization has increased international investment activity, but no unified legal framework governs international investments. After several attempts to establish a multilateral investment framework, prospective parties remain unable to reach a consensus on a viable system to address investor and state rights. Developed, capital-exporting states wish to protect their citizens' investments, whereas developing states simultaneously seek to attract investments and maintain regulatory autonomy. In the absence of a comprehensive agreement, bilateral investment treaties serve as the primary legal instruments setting forth the terms of cross-border investments. These treaties often grant private investors the right to file claims before the International Centre …
The Costs Of Perceived Hypocrisy: The Impact Of U.S. Treatment Of Foreign Acquisitions Of Domestic Enterprises, Destiny Duron Deas
The Costs Of Perceived Hypocrisy: The Impact Of U.S. Treatment Of Foreign Acquisitions Of Domestic Enterprises, Destiny Duron Deas
Duke Law Journal
No abstract provided.
International Human Rights Law In Investment Arbitration: Evidence Of International Law’S Unity, James D. Fry
International Human Rights Law In Investment Arbitration: Evidence Of International Law’S Unity, James D. Fry
Duke Journal of Comparative & International Law
No abstract provided.
The Relationship Between Intellectual Property Rights And Foreign Direct Investment, Carlos A. Primo Braga, Carsten Fink
The Relationship Between Intellectual Property Rights And Foreign Direct Investment, Carlos A. Primo Braga, Carsten Fink
Duke Journal of Comparative & International Law
No abstract provided.
The Role Of Intellectual Property Rights In Encouraging Foreign Direct Investment And Technology Transfer, Keith E. Maskus
The Role Of Intellectual Property Rights In Encouraging Foreign Direct Investment And Technology Transfer, Keith E. Maskus
Duke Journal of Comparative & International Law
No abstract provided.
Investment At An Impasse: Russia’S Production-Sharing Agreement Law And The Continuing Barriers To Petroleum Investment In Russia, Mark A. Stoleson
Investment At An Impasse: Russia’S Production-Sharing Agreement Law And The Continuing Barriers To Petroleum Investment In Russia, Mark A. Stoleson
Duke Journal of Comparative & International Law
No abstract provided.
Foreign Investment Cycles In Emerging Economies, Amy L. Chua
Foreign Investment Cycles In Emerging Economies, Amy L. Chua
Faculty Scholarship
No abstract provided.
Closer Borders: Investment And Law In Mexico After The Nafta. A Bibliography With An Index, Alejandro Posadas
Closer Borders: Investment And Law In Mexico After The Nafta. A Bibliography With An Index, Alejandro Posadas
Duke Journal of Comparative & International Law
No abstract provided.
The Bilateral Investment Treaty In Asean: A Comparative Analysis, Michael R. Reading
The Bilateral Investment Treaty In Asean: A Comparative Analysis, Michael R. Reading
Duke Law Journal
No abstract provided.
Cross-Border Investment, Conflict Of Laws, And The Privatization Of Securities Law, Robert W. Hillman
Cross-Border Investment, Conflict Of Laws, And The Privatization Of Securities Law, Robert W. Hillman
Law and Contemporary Problems
The rapid acceleration of transnational investing is occurring in an environment in which emerging markets, and foreign interest in these markets, are exploding. The issues involved with cross-border investment, conflict of laws and the privatization of securities law are examined.
The Taxation Of Foreign Investment Income In Canada, The United States And Mexico, Glenn P. Jenkins, Devendranauth Misir, Graham Glenday
The Taxation Of Foreign Investment Income In Canada, The United States And Mexico, Glenn P. Jenkins, Devendranauth Misir, Graham Glenday
Law and Contemporary Problems
No abstract provided.