The return of the home state to investor-state disputes : bringing back diplomatic protection? / Rodrigo Polanco, University of Bern.
2019
K3830 .P648 2019 (Mapit)
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Details
Title
The return of the home state to investor-state disputes : bringing back diplomatic protection? / Rodrigo Polanco, University of Bern.
Imprint
Cambridge, United Kingdom ; New York, NY, USA : Cambridge University Press, 2019.
Copyright
©2019
Description
xxix, 342 pages ; 24 cm.
Series
Cambridge international trade and economic law.
Formatted Contents Note
Machine generated contents note: Introduction; 1. The age of diplomatic protection of foreign investors; 2. The rise and backlash against investor-state arbitration; 3. Home states and the prevention of investment disputes; 4. Home state role in ISDS together with the host state; 5. Unilateral home state participation in ISDS; 6. Current and future role of diplomatic protection in investment disputes; 7. Home state limitations on diplomatic protection; Conclusion.
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.
Note
Based on author's thesis (doctoral - Universität Bern, 2015).
Bibliography, etc. Note
Includes bibliographical references (pages 313-338) and index.
Call Number
K3830 .P648 2019
Language
English
ISBN
9781108473385 hardcover
1108473385 hardcover
1108473385 hardcover
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