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Small and Medium-Sized Investors' Access to Investor-State Dispute Settlement = = A Kis- Es Kozepes Befektetok Hozzaferese a Befektetok es Allamok Kozotti Vitarendezeshez /

Record Type:	Electronic resources : Monograph/item
Title/Author:	Small and Medium-Sized Investors' Access to Investor-State Dispute Settlement =/ Balint Kovacs.
Reminder of title:	A Kis- Es Kozepes Befektetok Hozzaferese a Befektetok es Allamok Kozotti Vitarendezeshez /
Author:	Kovacs, Balint,
Description:	1 electronic resource (178 pages)
Notes:	Source: Dissertations Abstracts International, Volume: 86-06, Section: A.
Contained By:	Dissertations Abstracts International86-06A.
Subject:	Treaties. -
Online resource:	https://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=31751168
ISBN:	9798346783374

Small and Medium-Sized Investors' Access to Investor-State Dispute Settlement = = A Kis- Es Kozepes Befektetok Hozzaferese a Befektetok es Allamok Kozotti Vitarendezeshez /
Kovacs, Balint,

Small and Medium-Sized Investors' Access to Investor-State Dispute Settlement =A Kis- Es Kozepes Befektetok Hozzaferese a Befektetok es Allamok Kozotti Vitarendezeshez /Balint Kovacs. - 1 electronic resource (178 pages)

Source: Dissertations Abstracts International, Volume: 86-06, Section: A.

1.1. BackgroundIn the area of economic development, foreign direct investment ("FDI") is the recurring element, basically regarded as a sine qua non factor. The benefits of FDI are innumerable, while its absence is near fatal. States will engage in competition for FDI, and regions within states will do so as well. Competition may be good, especially when it is conducive to improving the legal and administrative system, and strengthening the rule of law. Competition may be bad, when countries engage in a race to the bottom,competing to attract investors by reducing standards in areas such as labour and environmental protection. States will also make promises to each other regarding how they will treat one another's investors, also with the aim of attracting investment. These promises are regularly made in the form of an international investment agreement ("IIA"), which contains the agreement of parties to extend to investors from the other party fair and equitable treatment, full protection and security, and other special treatment standards, as the contracting states may agree upon.An innovation that is contained in many IIAs has to do with the method used for resolving disputes that arise out of the treatment applied to such investments. IIAs regularly contain a clause for the settlement of disputes directly between the foreign investor and the state on the territory of which the investment was made ("host state"). The investor-state dispute settlement ("ISDS") clause, usually provides for a cooling-off period, granting the state and the investor a certain period in order for an attempt to be made at the amicable settlement of the dispute. The ISDS clause then usually provides that the foreign investor may initiate arbitral proceedings against the host state, by lodging a claim under certain arbitral rules. It is what is widely called investor-state arbitration ("ISA").This system, which in its current form was created in the middle of the 20th century, gained traction by the end of the century, and is today widely known and (often) much criticised. Its roots go back to earlier times, but the way in which it has developed is quite original. It attracts much attention, and for multiple reasons. The procedure for ISA used to be less transparent, making it fertile ground for speculation. Once the system became more transparent, it came under fire for everything and anything, both false faults and correct criticism were lodged against it. In a sense it became a type of an inkblot test, and a major line of attack for opponents of free trade agreements.The starting point of this research is the aim of formulating valid critique. And this, regarding an inherent defect of the ISA system, or maybe just an unfortunate development within it. An avenue of access to justice that has more-or-less successfully served the large foreign investor, seems to scarcely be accessible to the small and medium-sized investor ("SMI"). Following the identification of some of the main culprits of unequal access, potential solutions will also be explored.1.2. Research Purpose, Key Questions, and Thesis StatementThe aim of this thesis is to explore the challenges faced by SMIs in accessing currently used ISDS methods, with a special attention to ISA, and its practice, as well as to explore ways in which such access may be improved. In this regard, the key questions are the following:

English

ISBN: 9798346783374Subjects--Topical Terms:

677024
Treaties.

Small and Medium-Sized Investors' Access to Investor-State Dispute Settlement = = A Kis- Es Kozepes Befektetok Hozzaferese a Befektetok es Allamok Kozotti Vitarendezeshez /
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520 $a 1.1. BackgroundIn the area of economic development, foreign direct investment ("FDI") is the recurring element, basically regarded as a sine qua non factor. The benefits of FDI are innumerable, while its absence is near fatal. States will engage in competition for FDI, and regions within states will do so as well. Competition may be good, especially when it is conducive to improving the legal and administrative system, and strengthening the rule of law. Competition may be bad, when countries engage in a race to the bottom,competing to attract investors by reducing standards in areas such as labour and environmental protection. States will also make promises to each other regarding how they will treat one another's investors, also with the aim of attracting investment. These promises are regularly made in the form of an international investment agreement ("IIA"), which contains the agreement of parties to extend to investors from the other party fair and equitable treatment, full protection and security, and other special treatment standards, as the contracting states may agree upon.An innovation that is contained in many IIAs has to do with the method used for resolving disputes that arise out of the treatment applied to such investments. IIAs regularly contain a clause for the settlement of disputes directly between the foreign investor and the state on the territory of which the investment was made ("host state"). The investor-state dispute settlement ("ISDS") clause, usually provides for a cooling-off period, granting the state and the investor a certain period in order for an attempt to be made at the amicable settlement of the dispute. The ISDS clause then usually provides that the foreign investor may initiate arbitral proceedings against the host state, by lodging a claim under certain arbitral rules. It is what is widely called investor-state arbitration ("ISA").This system, which in its current form was created in the middle of the 20th century, gained traction by the end of the century, and is today widely known and (often) much criticised. Its roots go back to earlier times, but the way in which it has developed is quite original. It attracts much attention, and for multiple reasons. The procedure for ISA used to be less transparent, making it fertile ground for speculation. Once the system became more transparent, it came under fire for everything and anything, both false faults and correct criticism were lodged against it. In a sense it became a type of an inkblot test, and a major line of attack for opponents of free trade agreements.The starting point of this research is the aim of formulating valid critique. And this, regarding an inherent defect of the ISA system, or maybe just an unfortunate development within it. An avenue of access to justice that has more-or-less successfully served the large foreign investor, seems to scarcely be accessible to the small and medium-sized investor ("SMI"). Following the identification of some of the main culprits of unequal access, potential solutions will also be explored.1.2. Research Purpose, Key Questions, and Thesis StatementThe aim of this thesis is to explore the challenges faced by SMIs in accessing currently used ISDS methods, with a special attention to ISA, and its practice, as well as to explore ways in which such access may be improved. In this regard, the key questions are the following:
520 $a A disszertacio azzal a jelentos kihivassal foglalkozik, amellyel a kis- es kozepes meretu befektetok (kkb-k) szembesulnek a befektetok es allamok kozotti vitarendezesi mechanizmusokhoz (ISDS), kulonosen a befekteto-allami valasztottbirosagi eljarashoz (ISA) valo hozzaferes teren. Bar latszolag a kulfoldi befektetok meretuktol fuggetlenul hozzaferhetnek, ezek a vitarendezesi mechanizmusok gyakran olyan akadalyokat tamasztanak, amelyek a kkb-k altali igenybeveteluket vegkepp ellehetetlenitik. Az ertekezes feltarja e kihivasok bonyodalmait es ertekeli azokat, a lehetseges megoldasok es a folyamatban levo reform-munkalatok szempontjabol. A rendszer reformjanak egyik celja, hogy az ISDS-t hozzaferhetobbe tegyek a kkb-k szamara, es ezaltal a befektetok e kategoriaja szamara az igazsagszolgaltatashoz valo hozzaferesnek ezt a formajat is fenntartsak.Az ertekezes celja, hogy elemezze a kkb-k elott allo akadalyokat, es olyan gyakorlati megoldasokat javasoljon ezekre, amelyek javithatjak a jogvitak ISDS-en keresztul torteno rendezesenek lehetoseget, hozzaferhetoseget.Az ertekezes szerint az ISDS jelenlegi rendszere, amely elsosorban az ISA korul forog, nem ugy jott letre, hogy eleve a nagy felperesek reszere legyen csak hozzaferheto, de specializalt jellege miatt mind joghatosagi, mind anyagi ertelemben a kkb-k szamara meglehetosen nehezen hozzaferheto.A dolgozat kritikusan elemzi az UNCITRAL III. munkacsoportjaban folyamatban levo a fenti temat erinto reformtorekveseket is.
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