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- Arbitration, diversity, international, investment, representation, women (1)
- Bilateral investment treaty, investor-state arbitration, FIPPA, BIT (1)
- Climate Change (1)
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- ISDS, arbitration, regulation, regulatory chill, litigation risk, environmental protection (1)
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Articles 1 - 10 of 10
Full-Text Articles in Law
Who Has Benefited Financially From Investment Treaty Arbitration? An Evaluation Of The Size And Wealth Of Claimants, Gus Van Harten
Who Has Benefited Financially From Investment Treaty Arbitration? An Evaluation Of The Size And Wealth Of Claimants, Gus Van Harten
Gus Van Harten
We collected data on the size and wealth of the foreign investors that have brought claims and received compensation due to ISDS. Our main findings are that the beneficiaries of ISDS, in the aggregate, have overwhelmingly been companies with more than USD1 billion in annual revenue – especially extra-large companies with more than USD10 billion – and individuals with more than USD100 million in net wealth. ISDS has produced monetary benefits primarily for those companies or individuals at the expense of respondent states. Incidentally, we also found that extra-large companies’ success rates in ISDS, especially at the merits stage, exceeded …
Foreign Investor Protection And Climate Action: A New Price Tag For Urgent Policies, Gus Van Harten
Foreign Investor Protection And Climate Action: A New Price Tag For Urgent Policies, Gus Van Harten
Gus Van Harten
From a climate perspective, not all investment is equal. Desirable investment in clean energy needs encouragement and protection, while undesirable investment in fossil fuels needs clear policy signals to avoid further investment in destructive activities and stranding more assets. In this paper, evidence is presented on how foreign investor protection provisions in trade and investment agreements tilt the playing field in favor of entrenched incumbents and against urgent action on climate; on the potential for a massive expansion of investor-state litigation and risks to climate policy in proposed trade deals; and on key flaws in recent European Commission proposals to …
The (Lack Of) Women Arbitrators In Investment Treaty Arbitration, Gus Van Harten
The (Lack Of) Women Arbitrators In Investment Treaty Arbitration, Gus Van Harten
Gus Van Harten
Investment treaty arbitration appears to be a boy’s club. Just 4% of individuals appointed as arbitrators in known cases to May 2010 were women. This casts doubt on the system’s ad hoc and partly-privatized appointments process. A roster-based model would enable a more deliberative and merit-based process of appointments and ensure public accountability and independence in the system.
Investment Provisions In Economic Partnership Agreements, Gus Van Harten
Investment Provisions In Economic Partnership Agreements, Gus Van Harten
Gus Van Harten
No abstract provided.
Key Flaws In The European Commission’S Proposals For Foreign Investor Protection In Ttip, Gus Van Harten
Key Flaws In The European Commission’S Proposals For Foreign Investor Protection In Ttip, Gus Van Harten
Gus Van Harten
In November 2015, the European Commission released a proposed text on foreign investor protection in the EU-US Transatlantic Trade and Investment Partnership (TTIP). In this paper, I outline key flaws in this proposal, including language buried in the text that significantly undermines the EC's proposed provisions on the investment court system (ICS) and on the right to regulate.
Potential Implications Of Future Wto Negotiations For North American Broadcasting Policies: An Overview, Gus Van Harten
Potential Implications Of Future Wto Negotiations For North American Broadcasting Policies: An Overview, Gus Van Harten
Gus Van Harten
No abstract provided.
Chapter 11 And The Francovich Doctrine: Comparing State Liability Under Nafta And Ec Law, Gus Van Harten
Chapter 11 And The Francovich Doctrine: Comparing State Liability Under Nafta And Ec Law, Gus Van Harten
Gus Van Harten
No abstract provided.
A Case For An International Investment Court, Gus Van Harten
A Case For An International Investment Court, Gus Van Harten
Gus Van Harten
The article elaborates on the lack of objective guarantees of independence and impartiality in the existing system of investment treaty arbitration. This founds a case for an international investment court to replace the existing system. The argument proceeds in three steps: (1) investment treaty arbitration is uniquely a form of public law adjudication, constituted at the international level; (2) as constituted it does not satisfy standards of independence and impartiality in public law adjudication; and (3) various reasons that might be offered to justify this failing are unsatisfactory in light of the importance of these standards. For this reason, states …
The Canada-China Fippa: Its Uniqueness And Non-Reciprocity, Gus Van Harten
The Canada-China Fippa: Its Uniqueness And Non-Reciprocity, Gus Van Harten
Gus Van Harten
It is demonstrated that the signed (but not ratified) Canada-China Foreign Investment Promotion and Protection Agreement (FIPPA) is novel and, in key respects, non-reciprocal in favour of China. For example, the FIPPA would provide a general right of market access by Chinese investors to Canada but not by Canadian investors to China, allow wider scope for investment screening by China than by Canada, remove a longstanding Canadian reservation for performance requirements that favour aboriginal peoples, and dilute Canada's established position on transparency in investor-state arbitration. These and other aspects of the FIPPA are highlighted via a comparison to other trade …
Investment Treaties And The Internal Vetting Of Regulatory Proposals: A Case Study From Canada, Gus Van Harten, Dayna Nadine Scott
Investment Treaties And The Internal Vetting Of Regulatory Proposals: A Case Study From Canada, Gus Van Harten, Dayna Nadine Scott
Gus Van Harten
In this paper, we report findings on whether trade and investment agreements that allow for investor-state dispute settlement (ISDS) contribute to regulatory chill. The study focused on whether ISDS contributed to changes in internal vetting of government decisions related to environmental protection in the province of Ontario, Canada. Our main source of information was confidential interviews with insiders, mostly current or former officials in ministries with an environmental or trade mandate. We aimed to advance understanding of litigation risk and government decision-making with a focus on ISDS.