Impact of the investment protection provisions in the Bilateral Investment Treaties and the Treaties, in general, on the ability of governments to regulate matters of public interest, i.e. taxes, commerce, etc.

 
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2016 (EN)
Impact of the investment protection provisions in the Bilateral Investment Treaties and the Treaties, in general, on the ability of governments to regulate matters of public interest, i.e. taxes, commerce, etc. (EN)

Fokaidou, Lemonia (EN)

School of Economics, Business Administration and Legal Studies, LLM in Transnational and European Commercial Law, Mediation, Arbitration and Energy Law (EL)
Otto, Dirk (EN)
Kaissis, Athanassios (EN)
Rosenfeld, Friedrich (EN)

This dissertation was written as part of the LLM in Transnational and European Commercial Law, Mediation, Arbitration and Energy Law at the International Hellenic University. This dissertation addresses the issue of the interaction between investment arbitration and state sovereignty. Specifically, in connection with the proposed EU-USA free trade agreement (TTIP, ISDS) there is quite some discussion on investor arbitration and whether this encroaches on the sovereignty of states. One particular allegation is, that investor-state arbitration restricts the ability of a government to impose new taxes, or to regulate public safety, commerce or health. By seizing the opportunity given from the above- mentioned argument, it becomes the purpose of this thesis to deal with questions arising out of this matter. In particular, the questions are the following: i) Is it true that investment arbitration can limit down the sovereignty of a State or is it just a meaningless fear? ii) If the allegation is true, what is the kind and the size of impact that these clauses have on a government’s law-making decisions? iii) Lastly, is such an impact a problem created by sloppily drafted arbitration clause/ investment protection provision, or maybe a flaw of the Bilateral Investment Treaties themselves? What other reasons could result to that? (en) (EN)

masterThesis

Investment Protection Provision(s) (EN)
State Sovereignty (EN)
Arbitration clause(s) (EN)
Investment Arbitration (EN)
BIT(s) (EN)

Διεθνές Πανεπιστήμιο της Ελλάδος (EL)
International Hellenic University (EN)

2016-01-25


IHU (EN)



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