東華大學圖書館 |

語系: 繁體中文

說明(常見問題)

回圖書館首頁

手機版館藏查詢

登入

回首頁

切換: 標籤 | MARC模式 | ISBD

The Multilateral Investment Court Sy...

Shishehgar, Niyoosha.

FindBook

Google Book

Amazon

博客來

The Multilateral Investment Court System as a Credible Alternative to Investor-State Dispute Settlement.

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	The Multilateral Investment Court System as a Credible Alternative to Investor-State Dispute Settlement./
作者:	Shishehgar, Niyoosha.
出版者:	Ann Arbor : ProQuest Dissertations & Theses, : 2023,
面頁冊數:	314 p.
附註:	Source: Dissertations Abstracts International, Volume: 85-11, Section: A.
Contained By:	Dissertations Abstracts International85-11A.
標題:	Arbitration. -
電子資源:	https://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=31090855
ISBN:	9798382651507

The Multilateral Investment Court System as a Credible Alternative to Investor-State Dispute Settlement.
Shishehgar, Niyoosha.

The Multilateral Investment Court System as a Credible Alternative to Investor-State Dispute Settlement. - Ann Arbor : ProQuest Dissertations & Theses, 2023 - 314 p.

Source: Dissertations Abstracts International, Volume: 85-11, Section: A.

Thesis (Ph.D.)--The University of Manchester (United Kingdom), 2023.

International investment arbitration (also known as investor-state dispute settlement or ISDS) is the primary means of resolving investment disputes. ISDS was initially hailed as a success. However, it is currently experiencing a significant backlash. In recent years, the effectiveness of ISDS has increasingly been questioned. In light of this, many scholars have suggested that reform is necessary. Various proposals have been put forward, however, no consensus about the exact nature of reform has emerged.The thesis will analyse the defects of ISDS in order to examine whether its retention is desirable, or whether complete replacement is necessary. The author will suggest that the time for making minor changes to ISDS has passed, therefore, alternative mechanisms should be considered. This thesis focuses on analysing the EU proposal to establish a Multilateral Investment Court (MIC), assessing whether it can address the fundamental deficiencies of ISDS. It will strive to determine whether the MIC is the most appropriate mechanism for resolving foreign investment disputes. Ultimately, the work will demonstrate that the conclusion of a multilateral investment agreement (MIA) is the bedrock for establishing a MIC. Short of reforming the substantive foreign investment rules, any iteration of the MIC would fail to enhance legitimacy, efficiency, and transparency in investment dispute resolution. That said, the thesis acknowledges that the conclusion of a MIA (and the establishment of a MIC based on the MIA) may not be politically feasible at present. Further, given the decentralised framework of international investment law, it is not reasonable to introduce a single mechanism for the resolution of all foreign investment disputes. It is within the context that this thesis contends that the establishment of a foreign investment multi-track dispute settlement system, under which the disputing parties can freely select their most preferred means among all the available mechanisms is desirable (at least in the short term).

ISBN: 9798382651507Subjects--Topical Terms:

3562897
Arbitration.

The Multilateral Investment Court System as a Credible Alternative to Investor-State Dispute Settlement.
LDR:03219nmm a2200361 4500 001 2403911
005 20241122094142.5
006 m o d
007 cr#unu||||||||
008 251215s2023 ||||||||||||||||| ||eng d
020 $a 9798382651507
035 $a (MiAaPQ)AAI31090855
035 $a (MiAaPQ)Manchester_UKebafe788-3c69-4345-a20f-911d9abc456d
035 $a AAI31090855
040 $a MiAaPQ $c MiAaPQ
100 1 $a Shishehgar, Niyoosha. $3 3774195
245 1 0 $a The Multilateral Investment Court System as a Credible Alternative to Investor-State Dispute Settlement.
260 1 $a Ann Arbor : $b ProQuest Dissertations & Theses, $c 2023
300 $a 314 p.
500 $a Source: Dissertations Abstracts International, Volume: 85-11, Section: A.
500 $a Advisor: Tarawneh, Jasem;Butler, Nicolette.
502 $a Thesis (Ph.D.)--The University of Manchester (United Kingdom), 2023.
520 $a International investment arbitration (also known as investor-state dispute settlement or ISDS) is the primary means of resolving investment disputes. ISDS was initially hailed as a success. However, it is currently experiencing a significant backlash. In recent years, the effectiveness of ISDS has increasingly been questioned. In light of this, many scholars have suggested that reform is necessary. Various proposals have been put forward, however, no consensus about the exact nature of reform has emerged.The thesis will analyse the defects of ISDS in order to examine whether its retention is desirable, or whether complete replacement is necessary. The author will suggest that the time for making minor changes to ISDS has passed, therefore, alternative mechanisms should be considered. This thesis focuses on analysing the EU proposal to establish a Multilateral Investment Court (MIC), assessing whether it can address the fundamental deficiencies of ISDS. It will strive to determine whether the MIC is the most appropriate mechanism for resolving foreign investment disputes. Ultimately, the work will demonstrate that the conclusion of a multilateral investment agreement (MIA) is the bedrock for establishing a MIC. Short of reforming the substantive foreign investment rules, any iteration of the MIC would fail to enhance legitimacy, efficiency, and transparency in investment dispute resolution. That said, the thesis acknowledges that the conclusion of a MIA (and the establishment of a MIC based on the MIA) may not be politically feasible at present. Further, given the decentralised framework of international investment law, it is not reasonable to introduce a single mechanism for the resolution of all foreign investment disputes. It is within the context that this thesis contends that the establishment of a foreign investment multi-track dispute settlement system, under which the disputing parties can freely select their most preferred means among all the available mechanisms is desirable (at least in the short term).
590 $a School code: 1543.
650 4 $a Arbitration. $3 3562897
650 4 $a Treaties. $3 677024
650 4 $a Politics. $3 685427
650 4 $a International law. $3 560784
650 4 $a Maritime law. $3 649015
650 4 $a Jurisprudence. $3 525061
650 4 $a Rule of law. $3 572365
650 4 $a Tuna. $3 2197930
650 4 $a Investors. $3 3544951
650 4 $a Tribunals & commissions. $3 3562019
650 4 $a International agreements. $3 3682730
650 4 $a Jurisdiction. $3 890764
650 4 $a Surveillance. $3 3559358
650 4 $a Disputes. $3 3707223
650 4 $a Human rights. $3 527798
650 4 $a Alternative dispute resolution. $3 3168470
650 4 $a Finance. $3 542899
650 4 $a Political science. $3 528916
690 $a 0601
690 $a 0616
690 $a 0649
690 $a 0508
690 $a 0615
710 2 $a The University of Manchester (United Kingdom). $3 3422292
773 0 $t Dissertations Abstracts International $g 85-11A.
790 $a 1543
791 $a Ph.D.
792 $a 2023
793 $a English
856 4 0 $u https://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=31090855