Document Type
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BL
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Record Number
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1039649
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Doc. No
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b794019
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Title & Author
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Investor-state disputes arising from investment treaties : : a review.
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Publication Statement
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New York :: United Nations,, 2005.
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Series Statement
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UNCTAD series on international investment policies for development,
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Page. NO
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1 online resource (x, 96 pages).
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ISBN
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1429497483
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: 9781429497480
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9211126924
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9789211126921
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Notes
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"UNCTAD/ITE/IIT/2005/4"--Page iii.
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"United Nations publication sales no. E.06. II. D.1"--Page iii.
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At head of title: United Nations Conference on Trade and Development.
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Bibliographies/Indexes
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Includes bibliographical references (pages 65-67).
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Contents
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Key procedural issues: Definition of "investor" and "investment" ; Multiplicity of forums ; Conflict of jurisdictions ; Treaty shopping ; Transparency ; Implications -- Key substantive issues: Right of establishment ; National treatment ; Most-favoured-nation treatment ; Fair and equitable treatment and full protection and security ; Expropriation ; Other legal claims by investors ; Implications -- Conclusions: Procedural issues ; Substantive issues ; The role of the international community -- Annex 1. Known investment treaty claims ; Annex 2. List of cases reviewed.
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Abstract
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The settlement of disputes between investors and the states in which they operate is a key aspect of the system of investment protection established in international investment agreements. Thus, the majority of international investment agreements contain provisions on investor-state dispute settlement. These provisions have been increasingly used in recent years, and this has resulted in more arbitral awards. This paper takes stock of, and analyzes, the nature and implications of this trend. In particular, it considers not only the statistical aspects of this development, but also the effects of arbitral decisions on the evolution of dispute settlement procedures under international investment agreements and on the interpretation and further refinement of the substantive standards of protection that they contain.--Publisher's description.
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Subject
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International Centre for Settlement of Investment Disputes.
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Subject
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International commercial arbitration.
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Subject
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Investments, Foreign (International law)
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Subject
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Arbitrage (Droit international privé)
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Subject
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Investissements étrangers-- Droit international.
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Subject
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International commercial arbitration.
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Subject
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Investments, Foreign (International law)
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Subject
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LAW-- Securities.
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Subject
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Law, General Comparative.
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Subject
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Law, Politics Government.
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Subject
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Arbitrage.
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Subject
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Buitenlandse investeringen.
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Subject
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DISPUTE SETTLEMENT.
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Subject
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FOREIGN INVESTMENTS.
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Subject
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INVESTMENT AGREEMENTS.
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Subject
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INVESTMENT DISPUTES.
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Subject
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Verdragenrecht.
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Subject
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INTERNATIONAL ARBITRATION.
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Subject
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Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965)
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North American Free Trade Agreement (1992)
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Dewey Classification
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346/.092
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LC Classification
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K3830.I583 2005eb
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NLM classification
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86.82bcl
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Added Entry
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United Nations Conference on Trade and Development.
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