AIB Insights Vol. 16, No. 1 The negoTiaTion of several mega-TreaTies in 2015, including the Trans-Pacific Partnership (TPP), the Trans-Atlantic Trade and Investment Partnership (TTIP), the EU-Canada Comprehensive Economic and Trade Agreement (CETA), and other regional agreements, has generated substantial public discussion about the protections and privileges afforded to multinational enterpris...

How do international economic adjudicators approach the question of systemic integration? Systemic integration could be a powerful tool in defragmentation legal order. Yet, it is complex tool, coalescing between rule interpretation and normative ideal coherent By undertaking an empirical doctrinal review decisions World Trade Organization (WTO) investor-state dispute settlement mechanisms, pape...

The importance of trade and investment agreements for health is now widely acknowledged in the literature, with much attention now focused on the impact of investor-state dispute settlement (ISDS) mechanisms. However, much of the analysis of such agreements in the health field remains largely descriptive. We theorize the implications of ISDS mechanisms for health policy by integrating the conce...

bottleneck in state courts and consequence resulting form it and the advantages which the disputes settlement has outside the court for governments and especially the parties to dispute led to increasing promotion of arbitration and use of new method of dispute settlement which are described as “alternative dispute resolution” (adr) are described. meanwhile, many of this method settle the dispu...

Due to the fragmentation of International Law, Investor-State dispute settlement is usually an area in which tension are felt between investment protection and public policy space, especially matters concerning environment, health or human rights. This even more dangerous emergencies, such as covid-19 syndemic, has a deeper impact on low middle-income countries. In light above, this article aim...

Abstract The rule against reflective loss claims by shareholders is a fundamental tenet of corporations law, accepted across numerous domestic law jurisdictions and under customary international law. Yet bilateral investment treaties (BITs) have long broken from this conventional approach allowing to bring for their indirect loss. UNCITRAL Working Group III has identified that anomalous shareho...

Investor-state dispute settlement (ISDS) is a rapidly growing field of international law, due mainly to a proliferation of investment treaties among states that grant foreign investors the right to pursue binding arbitration against states for alleged violations of property rights. However, many have argued that poorer countries are systematically disadvantaged in arbitration since the costs of...