Should we tame it, cage it or kill it? past criticism, present developments and future imperatives for foreign investment protection in light of the IPA-SA, TPP and CETA
Publikation: Beiträge in Zeitschriften › Zeitschriftenaufsätze › Forschung › begutachtet
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Should we tame it, cage it or kill it? past criticism, present developments and future imperatives for foreign investment protection in light of the IPA-SA, TPP and CETA. / Bäumler, Jelena.
in: Archiv des Völkerrechts, Jahrgang 54, Nr. 3, 2016, S. 261-296.Publikation: Beiträge in Zeitschriften › Zeitschriftenaufsätze › Forschung › begutachtet
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TY - JOUR
T1 - Should we tame it, cage it or kill it?
T2 - past criticism, present developments and future imperatives for foreign investment protection in light of the IPA-SA, TPP and CETA
AU - Bäumler, Jelena
PY - 2016
Y1 - 2016
N2 - Criticism of the international investment protection system has led to a widespread discussion on required changes and reforms. This concerns the substantive standards of protection as well as the resolution of disputes between states and investors. Contrary to expectations for greater convergence, current reforms steer in different directions and thereby strengthen different underlying perceptions and paradigms of the compounded investment system. Analysis of three recent instruments representing major current trends in international investment protection approaches – namely the investment protection act of South Africa (IPA-SA) and the investment chapters in both the Trans-Pacific Partnership (TPP) and the Comprehensive Economic and Trade Agreement (CETA) – reveals that while on the one hand different shortcomings of the current system may be resolved in one instrument or the other, none of them engages sufficiently with the underlying structural questions. Those structural questions bear the imperatives for further developing the investment protection system.
AB - Criticism of the international investment protection system has led to a widespread discussion on required changes and reforms. This concerns the substantive standards of protection as well as the resolution of disputes between states and investors. Contrary to expectations for greater convergence, current reforms steer in different directions and thereby strengthen different underlying perceptions and paradigms of the compounded investment system. Analysis of three recent instruments representing major current trends in international investment protection approaches – namely the investment protection act of South Africa (IPA-SA) and the investment chapters in both the Trans-Pacific Partnership (TPP) and the Comprehensive Economic and Trade Agreement (CETA) – reveals that while on the one hand different shortcomings of the current system may be resolved in one instrument or the other, none of them engages sufficiently with the underlying structural questions. Those structural questions bear the imperatives for further developing the investment protection system.
KW - Law
KW - investment protection
U2 - 10.1628/000389216X14809343592139
DO - 10.1628/000389216X14809343592139
M3 - Journal articles
VL - 54
SP - 261
EP - 296
JO - Archiv des Völkerrechts
JF - Archiv des Völkerrechts
SN - 0003-892X
IS - 3
ER -