"Investment arbitration has emerged from modest beginnings and matured into an established presence in international law. However, in recent years it has drifted from the reciprocal vision of its founders. This volume serves as a comprehensive guide for those who wish to reform international investment law from within, seeking a return to the mutuality of access that is in arbitration's essence. A detailed toolset is provided for enhancing the access of host States and their nationals to formal resolution mechanisms in foreign investment disputes. It concludes by offering model texts to achieve greater reciprocity and access to justice in the settlement of disputes arising from international investment initiatives. The book will appeal to all those interested in the future of international investment law, including an international audience of scholars, government officials, private sector actors, and private citizens alike, and including diverse constituencies, communities, and collectives of host State nationals"--
"Private monies for centuries have been invested abroad. Over those centuries there have been numerous claims by the foreign investors that they were wrongfully treated by the host state, and there have been a correspondingly significant number of claims by host states alleging wrongful acts by the investors. In the last half of the twentieth century, a system was developed for the protection of foreign investment, known as investor-State dispute settlement ("ISDS"). But even as ISDS became increasingly relied upon, fundamental critiques of ISDS have gained momentum since approximately 1990. Even though ISDS continues to be employed somewhat more each year, it is clear that there is a substantial loss of confidence in ISDS by host states, investors and communities"--
The legal landscape -- The four models -- Jurisdiction ratione personae : the foreign investor -- Mass proceedings and settlement agreements -- Jurisdiction ratione materiae : the substantive rights -- Enforcement
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