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The relevance of the temporal factor in international adjudication is assessed by considering each of the different phases of international judicial proceedings. The analysis covers inter-State proceedings before both permanent courts and tribunals (such as the ICJ, ITLOS and the DSB of the WTO) and arbitral tribunals, as well as international proceedings between individuals and States before regional human rights courts and investment tribunals.
The relevance of the temporal factor in international adjudication is assessed by considering each of the different phases of international judicial proceedings. The analysis covers inter-State proceedings before both permanent courts and tribunals (such as the ICJ, ITLOS and the DSB of the WTO) and arbitral tribunals, as well as international proceedings between individuals and States before regional human rights courts and investment tribunals.
The book will be a handy and useful resource book for corporate policymakers, government officials, legislators, academics, researchers, libraries, lawyers, judges, human rights specialists/activists, and anyone interested in the interaction between business, human rights, and sustainable development.
The book will be a handy and useful resource book for corporate policymakers, government officials, legislators, academics, researchers, libraries, lawyers, judges, human rights specialists/activists, and anyone interested in the interaction between business, human rights, and sustainable development.
The Series aims to promote international rule of law by publishing volumes which thoroughly analyze the state of the field, and offer a global range of perspectives. Silk Road Studies in International and Comparative Law will be highly relevant to practitioners and scholars alike.
Abstract
Brazil has recently adopted a novel approach in investment protection, the Agreements on Cooperation and Facilitation of Investment (ACFIs) which aim inter alia at promoting Brazil’s rising outward FDI. Motivated by claims that ACFIs will not achieve this goal – while otherwise tying the hands of policy makers – we use data over the years 2001 to 2022 and apply a Synthetic Control approach to study whether outward Foreign Direct Investment Stock of Brazil in Mexico is spurred by the ratification of the Mexico–Brazil ACFI. The concerns about ACFIs cannot be dismissed as our evidence shows that the ACFI does not promote outward foreign direct investment (FDI), at least for the post-treatment years used in our analysis. The absence of an impact is most likely driven by the omission of substantive provisions and, most notably, of Investor-State Dispute Settlement, which would address the hold-up problem in international investment.