This publication presents four studies which represent recent core work of the OECD Investment Committee. The first study, ""Transparency and Third Party Participation in Investor-to-State Dispute Settlement ,"" aims to enhance understanding of the role of transparency and third party participation in investor-state dispute settlement procedures. It examines the current rules, steps taken to improve transparency, and the perceived advantages as well as the challenges of additional transparency. Two other studies touch upon two of the most frequently contested provisions in investor-state arbi
Foreword; Note by the Editor; Table of Contents; Chapter 1. Transparency and Third Party Participation in Investor-state Dispute Settlement Procedures; Statement by the Investment Committee; Introduction; 1. Current arbitration rules provide for limited transparency; 2. Steps towards additional transparency; 3. Perceived advantages and challenges of additional transparency; 4. Summing up; Annex 1.A1. NAFTA Free Trade Commission's Interpretations and Statements; Annex 1.A2. The Multilateral Agreement on Investment: Draft Consolidated Text
Annex 1.A3. Provisions on Transparency of Proceedings in US Free Trade Agreements with Chile, Singapore, Dominican Republic- Central America (DR-CAFTA) and MoroccoAnnex 1.A4. Model Bilateral Investment Treaties; Annex 1.A5. Suggested Changes to the ICSID Rules and Regulations; Chapter 2. "Indirect Expropriation" and the "Right to Regulate" in International Investment Law; Introduction; 1. Basic concepts of the obligation to compensate for indirect expropriation; 2. Legal instruments and other texts; 3. Criteria determining whether an indirect expropriation has occurred; 4. Summing up
Chapter 3. Fair and Equitable Treatment Standard in International Investment LawIntroduction; 1. The origins of the fair and equitable treatment standard and its current use in international agreements and state practice; 2. Fair and equitable treatment and its relation to the minimum standard of international customary law; 3. Meaning and elements of the content of the standard as defined by arbitral tribunals; 4. Summing up; Chapter 4. Most-Favoured-Nation Treatment in International Investment Law; 1. Introduction; 2. Definition, origins and examples of MFN clauses
3. International Law Commission Work4. Recent cases; 5. Summing up; Annex 4.A1. Vienna Convention on the Law of Treaties
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