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Investor-State Arbitration by Dugan, Christopher F; Wallace, Jr, Don; Rubins, Noah; Sabahi, Borzu

II History and Limitations of the Traditional System for Resolving Investment Disputes

From: Investor-State Arbitration

Christopher F. Dugan, Don Wallace, Jr., Noah Rubins, Borzu Sabahi

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved. date: 12 December 2019

Host state law — Calvo clause — Choice of law — Investor — Nationality of investor — Sovereignty — Immunity from jurisdiction, states — Act of state doctrine — Diplomatic immunity

This chapter begins with a discussion of the harms suffered by foreign investors and the barriers to recovery by foreign investors. It then discusses the traditional remedies for foreign investors, some early investment protection regimens, and the limitations of historic dispute resolution processes.

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