Foreign

Showing 17–32 of 50 results

Title & Subtitle Abstract Contributors Pages Year Purchase
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The explosion of foreign investor lawsuits

From: Sold Down the Yangtze

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overview of the history of foreign investor lawsuits and how FIPA has accelerated them 9 $0.90 Add
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For-profit arbitrators instead of judges

From: Sold Down the Yangtze

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all of the decisions of investor-state arbitrators are open to doubt because of the absence of judicial safeguards: secure tenure, a set salary, an objective method of case assignment, and so on. … 9 $0.90 Add
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No standing for Canadians

From: Sold Down the Yangtze

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brought to you by the FIPA. Arbitrators can make decisions that affect Canadians, without ever hearing from them. 6 $0.60 Add
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Secret deals with China

From: Sold Down the Yangtze

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Another troubling thing about the China FIPA is its special allowances for secret lawsuits and secret settlements. In this chapter, I outline this problem and why it is so serious under the FIPA. 8 $0.80 Add
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What do the treaties prohibit?

From: Sold Down the Yangtze

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The expansions of the treaties’ vague protections for foreign investors have a corresponding impact on voters who want a government to be able to change its policies, or on taxpayers who … 9 $0.90 Add
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The price tag for democracy

From: Sold Down the Yangtze

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Chinese investors can use the FIPA to challenge anything that a legislature or government or court in Canada does. They may not win, but the ability to sue in this way is a powerful tool by … 7 $0.70 Add
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Settlements of lawsuits, known and unknown

From: Sold Down the Yangtze

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Analyzes some murky NAFTA settlements to demonstrate why we should be wary of FIPA 8 $0.80 Add
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An example of regulatory chill

From: Sold Down the Yangtze

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Opponents of investor-state arbitration have long warned that it may lead to so-called “regulatory chill,” by creating financial risks for countries that deter responsible regulation … 10 $1.00 Add
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Outcomes of lawsuits

From: Sold Down the Yangtze

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it is next to impossible to evaluate what is happening in settlements. Even if we know that a settlement exists, its terms are rarely public. The terms should be public, at least in a democratic … 8 $0.80 Add
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What if it was a judicial process?

From: Sold Down the Yangtze

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One of the key flaws in investor-state arbitration is that it leads to final decisions about issues of great importance for countries (and foreign investors too), but does not use a judicial … 9 $0.90 Add
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The roller coaster continues

From: Sold Down the Yangtze

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Awards of compensation for foreign investors have risen to billions of dollars, and now tens of billions. Lawyers have developed new and creative arguments for compensating foreign investors, … 6 $0.60 Add
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The FIPA and the courts

From: Sold Down the Yangtze

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This example shows how investor-state arbitrators can review a country’s highest courts, and order its people to pay for whatever the arbitrators order as a protection for foreign … 14 $1.40 Add
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The legal challenge to the FIPA, part one

From: Sold Down the Yangtze

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The public opposition to the China FIPA included thousands of people who took steps to support an effort by the Hupacasath First Nation, an aboriginal community on Vancouver Island in British … 11 $1.10 Add
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The legal challenge to the FIPA, part two

From: Sold Down the Yangtze

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Through focusing on the arguments of the government’s foreign investment expert, J. Christopher Thomas, and how the courts favoured his opinions Van Harten outlines how the legal challenge … 10 $1.00 Add
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A reply to the charges of bias, part one

From: Sold Down the Yangtze

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Van Harten outline how his expert witness my opinion was apparently doomed from the start because I had previously expressed views about investor-state arbitration and the FIPA. 10 $1.00 Add
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A reply to the charges of bias, part two

From: Sold Down the Yangtze

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after Chief Justice Crampton dismissed my opinion in his judgment, I took more of an interest in him. I lay out aspects of his background here, not to suggest that Chief Justice Crampton was … 13 $1.30 Add