The Legitimacy of Investment Arbitration

International investment arbitration remains one of the most controversial areas of globalisation and international law. This book provides a fresh contribution to the debate by adopting a thoroughly empirical approach. Based on new datasets and a range of quantitative, qualitative and computational methods, the contributors interrogate claims and counter-claims about the regime's legitimacy. The result is a nuanced picture about many of the critiques lodged against the regime, whether they be bias in arbitral decision-making, close relationships between law firms and arbitrators, absence of arbitral diversity, and excessive compensation. The book comes at a time when several national and international initiatives are under way to reform international investment arbitration. The authors discuss and analyse how the regime can be reformed and ow a process of legitimation might occur.

Hunting the standard of compensation – intellectual property, Chorzów Factory and investments: a response

While the debate on intellectual property and international investment law is relatively young, the role of historical cases will be important in offering some interpretative analysis. Due to the niche nature of both areas of law, where, often times, the legal luminaries found in both areas often speak past each other, in an earlier issue of this journal I offered an interpretative history of Chorzów Factory as an example of early case law by an international court illustrating the origins of the ISDS involving intellectual property. As with any interpretation, there are bound to be opposing views or explicit endorsement, but whatever the merits, that interpretative history has initiated a debate in the pages of this journal. That debate is in part, a response to my original analysis, to which I offer a response. This response is to endorse the fact that additional information has come forward that will enrich the debate on Chorzów Factory and its connection to intellectual property. Moreover, this response argues that the reply misses the point regarding the formal connection of international law to intellectual property in ISDS, a connection that I attempted to demonstrate through the example of the Chorzów Factory case – where a legal fight in the 1920s over nitrate, other chemical production and ownership still continue to be of relevance to international law.

Protection of Intellectual Property Rights in Investor-State Arbitration: Underlying Challenges and Perspectives

This article provides an analysis of existing international mechanisms for protecting intellectual property rights and concludes whether investment arbitration can be an effective forum for resolving intellectual property disputes. It focuses on an examination of the scope of intellectual property rights protection by bilateral investment agreements, as well as the specifics of the investment dispute resolution procedure. In addition, the analysis includes an assessment of the territoriality principle of intellectual property rights and its application in Ukrainian law, as well as an examination of international investment treaties concluded with Ukraine to determine the scope of protection afforded to intellectual property.

PROBLEMS AND WAYS TO ACTIVATE INVESTMENT ACTIVITY IN UKRAINE

The article examines the current state and problems of the development of attracting foreign direct investment. The author determined that the most investments in Ukraine are made by such countries as Cyprus and some countries of the European Union. It is proved that foreign investment is one of the most effective ways to develop economic, social, environmental and other spheres. It is determined that the key problems in attracting foreign investment today are: political instability, legislation, high inflation, and undeveloped infrastructure. The author has identified trends and explored the prospects for the development of attracting foreign direct investment, which allows us to demonstrate the dynamics of investments, which is considered an indicator of changes in the level of trust and rating of the country as a whole. Foreign investment plays a major blow to the economic development of many countries. Raising in the economy largely provides effective investment activity of Ukraine, which works by showing the dynamics invested in the country, so the investment climate in any country stands out from the main factors of socio-economic activity. situation. Thus, projects, innovative investments can be of great benefit for the economic development of the country, help to solve economic problems, so attract investors necessary and justified. In order to increase investment attractiveness, the country needs to implement a set of measures on the part of states and affairs, and as Ukraine has a strong production potential, thus concentrating the enhancement on the realization of its competitive advantages. It is concluded that the main directions of increasing the efficiency of investment activities, now and in the near future, will be: new modern infrastructure, improved investment, attracting foreign investors and improving the tax system. To improve the investment climate in Ukraine and increase the flow of foreign investment, it is necessary to promote the development of science, improve the regulatory framework in the field of investment, participate more actively in international investment projects, and develop small and medium-sized businesses in Ukraine.