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ODA and investment for development: what guidance can be drawn from investment climate scoreboards?

Christiansen, Hans (contributor) - 2004

Persistent link: https://www.econbiz.de/10002817458

Dispute settlement provisions in international investment agreements : a large summary survey

Pohl, Joachim; Mashigo, Kekeletso; Nohen, Alexis - 2012

survey of a large sample of 1,660 bilateral investment treaties (BITs) identifies the main parameters of ISDS regulation in … practice. The survey finds among other things that many countries define the procedural framework thinly compared to advanced … treaties offer foreign investors a range of procedural choices, such as a choice between arbitration fora. The survey also …

Persistent link: https://www.econbiz.de/10009685837

State-to-state dispute settlement and the interpretation of investment treaties

Gaukrodger, David - 2016

Many governments have expressed concerns about the uncertainty linked to the perceived inconsistency of treaty interpretation in Investor-State dispute settlement (ISDS). An OECD-hosted intergovernmental investment roundtable has been considering a range of tools through which governments can...

Persistent link: https://www.econbiz.de/10011582200

Investment treaties and shareholder claims : analysis of treaty practice

Gaukrodger, David - 2014

Advanced systems of domestic corporate law generally apply a “no reflective loss” principle to shareholder claims. Shareholder claims are permitted for direct injury to shareholder rights (such as voting rights). But shareholders generally cannot bring claims for reflective loss incurred as...

Persistent link: https://www.econbiz.de/10010463415

Investment treaties and shareholder claims for reflective loss : insights from advanced systems of corporate law

Gaukrodger, David - 2014

Corporate law in advanced domestic legal systems on the one hand, and typical treaties for the protection of foreign investment on the other hand, treat claims for damages by company shareholders differently. Advanced domestic systems generally bar shareholders from claiming for reflective loss...

Persistent link: https://www.econbiz.de/10010463416

Investment treaty law, sustainable development and responsible business conduct : a fact finding survey

Gordon, Kathryn M.; Pohl, Joachim; Bouchard, Marie J. - 2014

survey results of 2 107 investment treaties and 1 113 treaty-based arbitration cases in order to shed light on how (if at all …

Persistent link: https://www.econbiz.de/10010463418

Drivers of divestment decisions of multinational enterprises : a crosscountry firm-level perspective

Borga, Maria; Ibarlucea Flores, Perla; Sztajerowska, Monika - 2020

Divestment by multinational enterprises is an important yet understudied phenomenon. The few available estimates indicate that about a fifth of all foreign affiliates are divested every five years. This paper presents the findings from a novel cross-country firm-level dataset with financial and...

Persistent link: https://www.econbiz.de/10012147280

Foreign direct investment, corruption and the OECD Anti-Bribery Convention

Blundell-Wignall, Adrian; Roulet, Caroline - 2017

This paper estimates a dynamic foreign direct investment (FDI) gravity model to explore the impact of corruption in general and the OECD Anti-Bribery Convention in particular. The evidence from previous studies in both domains is mixed, probably due to econometric inconsistencies and misuse of...

Persistent link: https://www.econbiz.de/10011695557

The balance between investor protection and the right to regulate in investment treaties : a scoping paper

Gaukrodger, David - 2017

There is vigorous debate about reforms to address the balance between investor protection and the right to regulate in the over 3000 existing investment treaties. This paper first notes the growing trend to analyse particular treaty rules rather than treaties as a whole and the importance of...

Persistent link: https://www.econbiz.de/10011695559

Addressing the balance of interests in investment treaties : the limitation of fair and equitable treatment provisions to the minimum standard of treatment under customary internat...

Gaukrodger, David - 2017

The fair and equitable treatment (FET) provision has leapt to prominence in the last 15 years as the principal ground of liability at issue in many if not most investment treaty arbitration claims. In debates about the impact of investment treaties on the right to regulate, FET is second only to...

Persistent link: https://www.econbiz.de/10011695562