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International Investment Law: A Changing Landscape

A Companion Volume to International Investment Perspectives

image of International Investment Law: A Changing Landscape

This publication presents four studies which represent recent core work of the OECD Investment Committee. The first study, "Transparency and Third Party Participation in Investor-to-State Dispute Settlement ," aims to enhance understanding of the role of transparency and third party participation in investor-state dispute settlement procedures. It examines the current rules, steps taken to improve transparency, and the perceived advantages as well as the challenges of additional transparency.  Two other studies touch upon two of the most frequently contested provisions in investor-state arbitration. "Fair and Equitable Treatment Standard in International Investment Law" clarifies the concept, based on jurisprudence and state practice. "‘Indirect Expropriation’ and the ‘Right to Regulate’ in International Investment Law" identifies the main criteria found in investment agreements and used by tribunals to articulate the difference between the two concepts.  The final paper looks at most favoured nation treatment.

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Transparency and Third Party Participation in Investor-state Dispute Settlement Procedures

The system of investment dispute settlement has borrowed its main elements from the system of commercial arbitration. However, investor-state disputes often raise public interest issues which are usually absent from international commercial arbitration. As a result, the traditional manner in which governmental measures are reviewed for compliance with international law in a private setting, i.e. confidential in-camera proceedings has come under increased scrutiny and criticism. This survey examines the current rules related to transparency and third party participation in investor-state dispute settlement procedures, steps taken to improve transparency and the perceived advantages as well as the challenges of additional transparency.

English French

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