115 research outputs found
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重塑国际投资法
随着昔日的发展中国家,像中国和印度,逐步成为发达国家,大量资本流动加速了经济秩序的变化,从而导致了国际投资法的危机。投资协定仲裁所采取的的监管限制更加剧了这个危机。对上述危机的回应,包括了所谓的既不保证投资安全,也不带来明确规则的"平衡条约"。我们急需一个新的开始
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An International Investment Court: panacea or purgatory?
EU officials have proposed the establishment of a permanent court for investment disputes. But there is no guarantee that bias, the reason for the lacking legitimacy of investment arbitration, does not affect judges. This Perspective suggests that it may be preferable for investment disputes to be settled by domestic courts
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Starting anew in international investment law
There is a crisis in international investment law brought about by rapid changes in the economic order resulting in movements of capital from erstwhile developing countries like China and India into developed ones. This is accentuated by the stances taken in investment treaty arbitration that restrict regulatory control. The reaction has been to bring about so called "balanced treaties" that neither secure investment protection nor bring about clear rules on regulatory control. There is a need for a new beginning
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国际投资法院——优化还是倒退?
EU officials have proposed the establishment of a permanent court for investment disputes. But there is no guarantee that bias, the reason for the lacking legitimacy of investment arbitration, does not affect judges. This Perspective suggests that it may be preferable for investment disputes to be settled by domestic courts
The Future of International Investment Regulation: Towards a World Investment Organisation?
With growth in foreign investment and in the number of companies investing in foreign countries, the application of general principles of public international law has not been deemed adequate to regulate foreign investment and there is, as yet, no comprehensive international treaty on the regulation of foreign investment. Consequently, states have resorted to bilateral investment treaties (BITs), regional trade and international investment agreements (IIAs) and free trade agreements (FTAs) to supplement and complement the regime of protection for foreign investors. In the absence of an international investment court, states hosting foreign investment or investor states have opted for investor-state dispute settlement mechanism (ISDS). This mechanism has brought about its own challenges to the international law of foreign investment due to inconsistency in the application and interpretation of the key principles of international investment law by such arbitration tribunals, and further, there is no appellate mechanism to bring about some cohesion and consistency in jurisprudence. Therefore, there are various proposals mooted by scholars to address these challenges and they range from tweaks to BITs and IIAs, the creation of an appellate mechanism and the negotiation of a multilateral treaty to proposals for reform of ISDS only. After assessing the merits and demerits of such proposals, this study goes further, arguing for the creation of a World Investment Organisation (WIO) with a standing mechanism for settlement of investment disputes in order to ensure legal certainty, predictability and the promotion of the flow of foreign investment in a sustainable and responsible manner
The Astropy Project: Building an inclusive, open-science project and status of the v2.0 core package
The Astropy project supports and fosters the development of open-source and openly-developed Python packages that provide commonly-needed functionality to the astronomical community. A key element of the Astropy project is the core package Astropy, which serves as the foundation for more specialized projects and packages. In this article, we provide an overview of the organization of the Astropy project and summarize key features in the core package as of the recent major release, version 2.0. We then describe the project infrastructure designed to facilitate and support development for a broader ecosystem of inter-operable packages. We conclude with a future outlook of planned new features and directions for the broader Astropy project
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