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ITN Quarterly December 2011/January 2012
Mission Creep: International Investment Agreements and Sovereign Debt Restructuring
As members of the Eurozone are now acutely aware, the lack of a sovereign debt restructuring regime is one of the most glaring gaps in the international financial architecture. That said, this summer’s decision by a tribunal of the International …
Investment Developments in the Trans-Pacific Partnership Agreement
Advocates for the Trans-Pacific Partnership Agreement (TPPA) describe it as a “new generation agreement for the 21st century” that will go further behind the border than any previous free trade agreement (FTA). This signals significant changes in the investment regime …
UNASUR Arbitration Centre: The Present Situation and the Principal Characteristics of Ecuador’s Proposal
Five years ago, some Latin American countries started a critical movement against the International Centre for Settlement of Investment Disputes (ICSID), the World Bank institution for arbitrating disputes between foreign investors and host states. They perceived that ICSID arbitration proceedings …
The Netherlands: A Gateway to ‘Treaty Shopping’ for Investment Protection
It is an established fact that many transnational companies choose the jurisdiction of the Netherlands as a base for their global trade and investment operations, at least partly because of the country’s favourable tax regime that facilitates corporate tax avoidance …
Stabilization in investment contracts: Rethinking the context, reformulating the result
Over the past two decades, stabilization provisions in investment contracts (and in the domestic law in some developing countries) became a popular demand of investors into developing countries. Rarely used and largely unconstitutional in most developed countries,[1] these provisions essentially …
