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Showing results 21 to 32 of 32
   Recalibrating the International Investment Regime through Narrowed JurisdictionGarcia Olmedo, Javier  in International and Comparative Law Quarterly (2020) The legitimacy crisis confronting the international investment regime has called for reforms to eliminate the asymmetric and troubled nature of investment treaties. These instruments grant extensive ... [more ▼] The legitimacy crisis confronting the international investment regime has called for reforms to eliminate the asymmetric and troubled nature of investment treaties. These instruments grant extensive investor protections without offering reciprocal safeguards for host States wishing to preserve regulatory space. This article argues that any reform designed to redress imbalances in the existing regime should first aim at narrowing the personal jurisdiction of investment tribunals. Problematically, access to most investment treaties depends on broad nationality requirements, which have enabled investors to use corporations or passports of convenience to obtain treaty protection. This practice exacerbates the unbalanced relationship between host States and investors. It increases host States’ exposure to investment treaty claims and allows investors to circumvent newer, more State-oriented investment treaties. Using as an example the novel anti-nationality planning approach embraced in the 2019 Dutch Model BIT, this article suggests effective treaty mechanisms that States can adopt to restrict the range of investors that are entitled to claim. [less ▲] Detailed reference viewed: 83 (1 UL)‘The EU’s Approach towards Investment Dispute SettlementGarcia Olmedo, Javier Speeches/Talks (2019) Detailed reference viewed: 21 (0 UL) Nationality of Claim: Investment ArbitrationGarcia Olmedo, Javier in Max Planck Encyclopedia of International Procedural Law [MPEiPro] (2019) Detailed reference viewed: 39 (2 UL)Sovereign Immunity as a Ground to Refuse Compliance with Investor-State Awards: Past Experience and Future DevelopmentsGarcia Olmedo, Javier in Fach Gomez, Katia; López Rodríguez, Ana Mercedes (Eds.) 60 Years of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards: Key Issues and Future Challenges (2019) Detailed reference viewed: 116 (0 UL)̒'Enforcement/Execution' of ICSID Awards Against Reluctant StatesGarcia Olmedo, Javier ; in Journal of World Investment and Trade (2018) Detailed reference viewed: 29 (1 UL)Investor-State Arbitration in Times of Reform: Balancing the Asymmetry of Investment Treaties through Nationality RequirementsGarcia Olmedo, Javier Scientific Conference (2018, September 12) Detailed reference viewed: 22 (0 UL)Redifining the Position of the Investor on the International Legal Order and the Nature of Investment Treaty Rights: A Closer Look at the Relationship between Diplomatic Protection and Investor-State ArbitrationGarcia Olmedo, Javier in Gough, Alex; Summers, James (Eds.) Non-state actors and international obligations : creation, evolution and enforcement (2018, June) Detailed reference viewed: 36 (0 UL)Rethinking the Relevance of Customary International Law to issues of Nationality in Investment Treaty ArbitrationGarcia Olmedo, Javier in Capurro, Giancarlo; Akbaba, Mesut (Eds.) International Challenges in Investment Arbitration (2018, April 05) Detailed reference viewed: 38 (1 UL)The Relevance of CIL and its Interpretation to the Standing of Dual Nationals under IIAsGarcia Olmedo, Javier Scientific Conference (2018, February 20) Detailed reference viewed: 20 (1 UL)Claims by Dual Nationals under Investment Treaties: Are Investors Entitled to Sue Their Own States?Garcia Olmedo, Javier in Journal of International Dispute Settlement (2017) Nationality plays a vital role in the field of investor-state arbitration. Most investment treaties require that, to benefit from treaty protection, an investor must be a national of the home state. Yet ... [more ▼] Nationality plays a vital role in the field of investor-state arbitration. Most investment treaties require that, to benefit from treaty protection, an investor must be a national of the home state. Yet, the determination of nationality for investment treaty purposes can be particularly complex, raising a number of unresolved questions of considerable practical importance. One of these questions is whether investors who hold the nationality of both state parties to an investment treaty (i.e. dual nationals) are entitled to sue their own home state where the treaty is silent on the issue of dual nationality. This contribution contends that, when faced with a claim of this nature, arbitral tribunals should apply the well-established customary rule of dominant and effective nationality, and uphold jurisdiction only if the investor maintains a stronger connection with its home state. [less ▲] Detailed reference viewed: 75 (3 UL)América Latina y el Arbitraje de Inversión: En Búsqueda de un Equilibrio entre la Protección del Inversor y los Derechos del EstadoGarcia Olmedo, Javier Scientific Conference (2017, September 09) Detailed reference viewed: 25 (1 UL)Redefining the Nature of Investment Treaty Rights and the Position of the Investor in the International Legal OrderGarcia Olmedo, Javier Presentation (2016, April 09) Detailed reference viewed: 23 (3 UL)
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