000 02277nam a22002417a 4500
005 20210923122218.0
008 210922b2018 ||||| |||| 00| 0 eng d
020 _a9781108628983 (ebook) :
040 _aMAIN
041 _aENG
082 _a341
245 _aThe Return of the Home State to Investor-State Disputes :
_bBringing Back Diplomatic Protection?
_c[electronic resource] /
_hby Rodrigo Polanco.
260 _aCambridge :
_bCambridge University Press,
_c2018.
300 _a1 online resource (342 p.)
440 _aCambridge International Trade and Economic Law.
500 _aTable of contents: Chapter 1. The Age of Diplomatic Protection of Foreign Investors Chapter 2. The Rise of and Backlash against Investor–State Arbitration Chapter 3. Home States and the Prevention of Investment Disputes Chapter 4. Home State Role in ISDS Together with the Host State Chapter 5. Unilateral Home State Participation in ISDS Chapter 6. Current and Future Roles of Diplomatic Protection in Investment Disputes Chapter 7. Home State Limitations on Diplomatic Protection Conclusion
504 _aIncludes bibliography and index.
520 _a "This book advances the idea that in order to address some of the criticisms against investor-state dispute settlement, a large majority of states have taken a 'normative' strategy, negotiating or amending investment treaties with provisions that potentially give more control and greater involvement to the contracting parties, and notably the home state. This is particularly true of agreements concluded in the past fifteen years. At the same time, there is a potential revival of the 'remnants' of diplomatic protection that are embedded in investment treaties since the beginning of the system. But why is the home state being brought back into a domain from which it was expressly excluded several decades ago? Why would a home state be interested in intervening in these conflicts? Is this 'new' role of the home state in foreign investment disputes a 'return' to diplomatic protection of its nationals, or are we witnessing something different?"
650 _aLaw.
650 _aDispute Resolution and Mediation.
856 _3Cambridge core online
_uhttps://doi.org/10.1017/9781108628983
942 _cEBK
999 _c17067
_d17067