國立高雄大學圖資館 |

Language: English

Back

Rethinking investor-state arbitration

Record Type:	Electronic resources : Monograph/item
Title/Author:	Rethinking investor-state arbitrationby Flavia Marisi.
Author:	Marisi, Flavia.
Published:	Cham :Springer International Publishing :2023.
Description:	xxiii, 401 p. :ill., digital ;24 cm.
Contained By:	Springer Nature eBook
Subject:	Investments, Foreign (International law)
Online resource:	https://doi.org/10.1007/978-3-031-38184-3
ISBN:	9783031381843$q(electronic bk.)

Rethinking investor-state arbitration
Marisi, Flavia.

Rethinking investor-state arbitration[electronic resource] /by Flavia Marisi. - Cham :Springer International Publishing :2023. - xxiii, 401 p. :ill., digital ;24 cm. - Studies in European economic law and regulation,v. 272214-2045 ;. - Studies in European economic law and regulation ;v.1..

Charting the Route -- History of Investor-State Dispute Settlement -- Adaptability of Investor-State Arbitration -- Criticisms of Investor-State Arbitration -- Transparency in Investor-State Arbitration -- Legitimacy in Investor-State Arbitration -- Consistency in Investor-State Arbitration -- Investor-State Arbitration and European Union Law -- Conclusions.

A significant increase in investor-State arbitration cases has been observed since the 2000s. The trust placed by investors and States in this method of dispute resolution stems from several strengths. In addition to its neutrality, one of the primary reasons for its widespread use is its adaptability, enabling it to address specific challenges that have emerged in recent decades. The following elements highlight this adaptability: the arbitration procedure can be customised to meet the specific needs of the disputing parties and stakeholders involved. It effectively responds to evolving cultural norms and ethical considerations, such as diversity, gender representation, corporate social responsibility, environmental issues, and human rights. Moreover, it can adapt to global health crises by facilitating online hearings. Finally, during times of international armed conflict, economic exchanges, trade, investment, and investor-State dispute settlement foster economic integration and interdependence, contributing to maintaining commercial peace and supporting international peace and security. However, investor-State arbitration has sparked vigorous debates, with many advocating for reform in three crucial aspects: transparency, legitimacy, and consistency. Multilateral negotiations are currently underway on various fronts, including the negotiation of more sustainable investment treaties, amendments to institutional arbitral rules, the design of a multilateral investment court, and the development of enhanced policy frameworks. This book delves into the history of investor-State dispute resolution to provide readers with an understanding of how its main features have evolved over time. It examines the most intensely debated procedural issues, analyses their multifaceted characteristics, reviews the complex relationship between investor-State arbitration and the European Union, and explores potential options for addressing stakeholder concerns.

ISBN: 9783031381843$q(electronic bk.)

Standard No.: 10.1007/978-3-031-38184-3doiSubjects--Topical Terms:

321607
Investments, Foreign (International law)

LC Class. No.: K5459 / .M37 2023

Dewey Class. No.: 346.092

Rethinking investor-state arbitration
LDR:03381nmm a2200337 a 4500 001 652194
003 DE-He213
005 20231018182739.0
006 m d
007 cr nn 008maaau
008 240327s2023 sz s 0 eng d
020 $a 9783031381843$q(electronic bk.)
020 $a 9783031381836$q(paper)
024 7 $a 10.1007/978-3-031-38184-3 $2 doi
035 $a 978-3-031-38184-3
040 $a GP $c GP
041 0 $a eng
050 4 $a K5459 $b .M37 2023
072 7 $a LNAC5 $2 bicssc
072 7 $a LAW006000 $2 bisacsh
072 7 $a LNAC5 $2 thema
082 0 4 $a 346.092 $2 23
090 $a K5459 $b .M342 2023
100 1 $a Marisi, Flavia. $3 962606
245 1 0 $a Rethinking investor-state arbitration $h [electronic resource] / $c by Flavia Marisi.
260 $a Cham : $b Springer International Publishing : $b Imprint: Springer, $c 2023.
300 $a xxiii, 401 p. : $b ill., digital ; $c 24 cm.
490 1 $a Studies in European economic law and regulation, $x 2214-2045 ; $v v. 27
505 0 $a Charting the Route -- History of Investor-State Dispute Settlement -- Adaptability of Investor-State Arbitration -- Criticisms of Investor-State Arbitration -- Transparency in Investor-State Arbitration -- Legitimacy in Investor-State Arbitration -- Consistency in Investor-State Arbitration -- Investor-State Arbitration and European Union Law -- Conclusions.
520 $a A significant increase in investor-State arbitration cases has been observed since the 2000s. The trust placed by investors and States in this method of dispute resolution stems from several strengths. In addition to its neutrality, one of the primary reasons for its widespread use is its adaptability, enabling it to address specific challenges that have emerged in recent decades. The following elements highlight this adaptability: the arbitration procedure can be customised to meet the specific needs of the disputing parties and stakeholders involved. It effectively responds to evolving cultural norms and ethical considerations, such as diversity, gender representation, corporate social responsibility, environmental issues, and human rights. Moreover, it can adapt to global health crises by facilitating online hearings. Finally, during times of international armed conflict, economic exchanges, trade, investment, and investor-State dispute settlement foster economic integration and interdependence, contributing to maintaining commercial peace and supporting international peace and security. However, investor-State arbitration has sparked vigorous debates, with many advocating for reform in three crucial aspects: transparency, legitimacy, and consistency. Multilateral negotiations are currently underway on various fronts, including the negotiation of more sustainable investment treaties, amendments to institutional arbitral rules, the design of a multilateral investment court, and the development of enhanced policy frameworks. This book delves into the history of investor-State dispute resolution to provide readers with an understanding of how its main features have evolved over time. It examines the most intensely debated procedural issues, analyses their multifaceted characteristics, reviews the complex relationship between investor-State arbitration and the European Union, and explores potential options for addressing stakeholder concerns.
650 0 $a Investments, Foreign (International law) $3 321607
650 0 $a International commercial arbitration. $3 649043
650 1 4 $a Dispute Resolution, Mediation, Arbitration. $3 558745
650 2 4 $a European Economic Law. $3 848282
650 2 4 $a Law and Economics. $3 274032
710 2 $a SpringerLink (Online service) $3 273601
773 0 $t Springer Nature eBook
830 0 $a Studies in European economic law and regulation ; $v v.1. $3 679144
856 4 0 $u https://doi.org/10.1007/978-3-031-38184-3
950 $a Law and Criminology (SpringerNature-41177)