International Investment Perspectives 2006

image of International Investment Perspectives 2006

This annual report reviews recent developments in international direct investment, includes recent statistics and highlights policy responses that will help countries reap the full benefits of investment.  This edition's special focus is on legal and policy issues arising from international investment agreements.  The articles in this section investigate novel features of recent bilateral investment treaties; options for improving the system of investor-state dispute settlement; and the consolidation of claims as an avenue for improving investment arbitration.   Other articles in this volume cover how new technologies are a force advancing the closer integration of national economies;  the challenges and opportunities for policy makers that arise from international investor participation in infrastructure; recent evidence of source (or "home") country benefits of outward direct investment; and the role of the OECD peer review process in building investment policy capacity.

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Improving the System of Investor-state Dispute Settlement

An Overview

Investor-state dispute settlement mechanisms embodied in most investment treaties provide rights to foreign investors to seek redress for damages arising out of alleged breaches by host governments of investmentrelated obligations. The system of investment dispute settlement has borrowed its main elements from the system of commercial arbitration despite the fact that investor-state disputes often raise public interest issues which are usually absent from international commercial arbitration. Investor-state arbitration may often call for reconciliation of public international law doctrines with the private legal principles of contract law. This hybrid source of rights is generating new questions and in particular challenges relating to the quality of awards and jurisdictional issues.


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