The proposed standing multilateral mechanism and its potential relationship with the existing universe of investor: State dispute settlement
| Autor: | Danish, Terán, Daniel Uribe |
|---|---|
| Jazyk: | angličtina |
| Rok vydání: | 2022 |
| Předmět: |
Working Group III (WGIII)
UNCITRAL WGIII International Investment Agreements (IIAs) Investment Policy and Protection Appellate Mechanism Multilateral Investment Court (MIC) Investment Agreement Standing Multilateral Mechanism (SMM) Investment Chapters Investment Law and Policy United Nations Commission on International Trade Law (UNCITRAL) ISDS Reform Investment Treaties Investor-State Dispute Settlement (ISDS) System Investment Arbitration ddc:300 Bilateral Investment Treaties (BITs) Investment Investments |
| Popis: | The reform option on the Standing Multilateral Mechanism (SMM) currently under discussion at UNCITRAL's Working Group III (WGIII) has raised a number of important, systemic concerns for the procedural reforms of investor-State dispute settlement. This paper first seeks to situate the discussions on the SMM within its historical and contemporary contexts. Then it considers UNCITRAL Working Paper 213 and the legal provisions it contains, which form the basis of ongoing discussions of this reform option at WGIII. Further, it explores the potential relationship of this proposed SMM with different facets of the existing international investment law regime. The paper concludes by providing some elements which require further consideration in this process, particularly for safeguarding the interests of developing countries. |
| Databáze: | OpenAIRE |
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