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Author Polanco Lazo, Rodrigo, author

Title The return of the home state to investor-state disputes : bringing back diplomatic protection? / Rodrigo Polanco, University of Bern
Published Cambridge, United Kingdom ; New York, NY, USA : Cambridge University Press, 2019
Online access available from:
ProQuest Ebook Central    View Resource Record  


Description 1 online resource (pages cm)
Series Cambridge international trade and economic law
Cambridge international trade and economic law.
Contents Cover; Half-title page; Series page; Title page; Copyright page; Contents; List of Tables; Acknowledgements; List of Abbreviations; Table of Cases; Table of Treaties; Introduction; A The Background; B The Problem; C The Thesis; D Methodology; E Structure; I The Age of Diplomatic Protection of Foreign Investors; A The Foundations of Diplomatic Protection; 1 The Calvo Doctrine and the Calvo Clause; 2 Evolution of Diplomatic Protection; B Diplomatic Protection in Investment Disputes; 1 International Arbitration; 2 Binational Claims Commissions and Mixed Arbitral Tribunals; 3 Lump-Sum Agreements
2 Against the Functioning of Investor-State ArbitrationIII Home States and the Prevention of Investment Disputes; A Home State Interests in Preventing Investment Disputes; B Tools for Prevention of Investment Disputes Involving Home States; 1 Prevention of Disputes in IIAs; (a) Investment Facilitation and Investor Liability in Model IIAs; (b) The New Brazilian Model; (c) Other Treaties; 2 Prevention by Review of IIAs' Implementation; (a) Direct Review by the Contracting Parties; (b) Institutional Review of the Agreement
2 Use of Filtering Mechanisms in ISDS3 The Nature of Filtering Mechanisms in ISDS; B Joint State Interpretation of IIAs; 1 Abstract Interpretation; (a) Direct Interpretation by the Parties; (b) Interpretation by a Treaty Body; 2 Intra-Arbitral Interpretation; (a) General Renvoi; (b) Interpretation of Reservations, Exceptions or NCMs; (c) Financial Measures; 3 The Effective Use of Joint Interpretations; (a) NAFTA Free Trade Commission Interpretations; (b) CCFTAC Notes of Interpretation; (c) Joint Interpretative Statements by States; 4 The Nature of Joint State Interpretations in ISDS
3 Prevention of Investment Disputes Based on Principles of International Law(a) International Principles and Standards on Corporate Social Responsibility; (b) Principles on Business and Human Rights; (c) ILO and UNCTAD Frameworks; (d) Emerging Principles of International Law; 4 Implementing Rules and Principles for the Prevention of Investment Disputes; 5 The Nature of Home State Prevention of Investment Conflicts; IV Home State Role in ISDS Together with the Host State; A Filtering of Claims; 1 Types of Filtering Mechanisms; (a) Taxation Measures; (b) Public Welfare Measures
4 International AdjudicationII The Rise of and Backlash against Investor-State Arbitration; A Origins and Evolution of Investor-State Arbitration; 1 Before the ICSID Convention; 2 After the ICSID Convention; B Why Investor-State Arbitration Was Created; 1 To Depoliticize the Dispute; 2 Limitations of Diplomatic Protection; (a) Exhaustion of Local Remedies; (b) Nationality of the Investor; (c) Available Remedies; 3 To Overcome Barriers at Host State Courts; C Criticisms of Investor-State Arbitration; 1 Against the System of Investor-State Arbitration
Summary "This book advances the idea that in order to address some of the criticisms against investor-state dispute settlement, a large majority of states have taken a 'normative' strategy, negotiating or amending investment treaties with provisions that potentially give more control and greater involvement to the contracting parties, and notably the home state. This is particularly true of agreements concluded in the past fifteen years. At the same time, there is a potential revival of the 'remnants' of diplomatic protection that are embedded in investment treaties since the beginning of the system. But why is the home state being brought back into a domain from which it was expressly excluded several decades ago? Why would a home state be interested in intervening in these conflicts? Is this 'new' role of the home state in foreign investment disputes a 'return' to diplomatic protection of its nationals, or are we witnessing something different?"-- Provided by publisher
Notes Based on author's thesis (doctoral - Universität Bern, 2015)
Bibliography Includes bibliographical references and index
Notes Print version record
Subject Diplomatic protection.
International and municipal law.
International commercial arbitration.
Investments, Foreign (International law)
Form Electronic book
ISBN 1108603084 (electronic bk.)
9781108603089 (electronic bk.)