Investor-state arbitration under bilateral trade and investment agreements: finding rhythm in inconsistent drumbeats

He, Ling Ling and Sappideen, Razeen (2013) Investor-state arbitration under bilateral trade and investment agreements: finding rhythm in inconsistent drumbeats. Journal of World Trade, 47 (1). pp. 215-242. ISSN 1011-6702

Abstract

The investor-state arbitration process has been commonly used under bilateral trade and investment agreements since first adopted by the North American Free Trade Agreement (NAFTA) in 1994. This mechanism has well served the investment interests of multinational corporations. In recent times, some countries have been rethinking the special legal rights offered to foreign investors over domestic investors in dispute resolution through the investor-state arbitration process. This article examines the changing landscape in investor-state dispute resolution and its impact on bilateral trade and investment agreements.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: ©2013 Kluwer Law International BV. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without written permission from the publisher.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 29 Jul 2014 23:03
Last Modified: 23 Mar 2017 00:40
Uncontrolled Keywords: Free Trade Agreement; dispute resolution; business ethics; investors
Fields of Research : 15 Commerce, Management, Tourism and Services > 1502 Banking, Finance and Investment > 150205 Investment and Risk Management
18 Law and Legal Studies > 1801 Law > 180117 International Trade Law
14 Economics > 1402 Applied Economics > 140210 International Economics and International Finance
Socio-Economic Objective: B Economic Development > 91 Economic Framework > 9103 International Trade > 910301 International Agreements on Trade
URI: http://eprints.usq.edu.au/id/eprint/25619

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