Titlebook: Handbook of International Investment Law and Policy; Julien Chaisse,Leïla Choukroune,Sufian Jusoh Living reference work 20200th edition I

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Agility

The National Treatment Obligation: Law and Practice of Investment Treaties,nt to which it protects foreign investors and/or investments with a degree of consistency, although there are areas of uncertainty. Recent treaty practice among countries belonging to the global south tends to detail the scope and content of the protection, reflecting the particular concerns of nego

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Non-precluded Measures Clauses: Regime, Trends, and Practice,ibrate the public-private balance in investment treaties, these clauses are intended as a corrective to the pro-investor interpretations of early arbitral tribunals. They expressly provide for the primacy of public policy over investment protection standards under certain conditions. This contributi

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The Standard of Most-Favored-Nation Treatment in Investor-State Dispute Settlement Practice,uch discrimination. An MFN clause in an investment treaty gives qualifying investors the right to claim favorable treatment given by the states hosting their investments to other foreign nationals. As a consequence, MFN treatment encourages competition among foreign investors by promoting equal inve

Transfusion

Essential Security Interests in International Investment Law: A Tale of Two ISDS Claims Against Indt (ISDS) claims were brought against Argentina challenging Argentina’s measures to meet an economic emergency. This chapter studies two recent cases involving India – . and . – on the matter of essential security interest involving India. The chapter compares and contrasts the findings in these two

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Public Participation: Amicus Curiae in International Investment Arbitration,fted from a confidentiality-based practice to a model that is more open to the participation of civil society. It then proceeds to discuss the potential benefits and drawbacks of allowing the participation of non-disputing parties in investment arbitration. Amicus curiae is a useful tool to increase

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Arbitration Clauses Limited to Compensation due to Expropriation: Relevant Case Law, Interpretive Td) continue to offer views and interpretations from diverse conceptual standpoints regarding the rationale of investor-State dispute settlement clauses limited to compensation of foreign investors in the event of expropriation. Such clauses, reflecting a clear political rationale (certainly existing