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Emma Rose Bienvenu - University of Pennsylvania Law School, LLM

International Investment Law Symposium LLM Perspectives Online Publications

The EC’s Proposal for a Permanent Investment Court System: Politics, Pitfalls, and Perils

“For those who see the need for greater ‘order’ in the ‘international order’, the impulse towards constitutionalism offers both an agenda and an opportunity. But whose agenda, and whose opportunity?”01Malcolm Evans & Panos Koutrakos, Beyond The Established Legal Orders: Policy Interconnections between the EU and the Rest of the World 4 (2011). Introduction The ongoing Transatlantic Trade and Investment Partnership (TTIP) negotiations haven given rise to intense public debate about the costs and benefits of ad hoc investor-state dispute settlement (ISDS) arbitration. This paper contrasts ISDS in its current ad hoc arbitration format with the European Commission’s (EC) recent proposal…

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International Investment Law Symposium LLM Perspectives Online Publications

International Arbitral Tribunals and Corruption: Not so Duty Free

“Big money, big names, and a mega scandal. The story of the World Duty Free complex must rank as one of the most extraordinary investment disputes in Kenya’s history. It involves claims of bribes on a scale that dwarfs anything mentioned in the Goldenberg commission,01Moi Ordered Goldenberg Payment (Feb. 17, 2004), http://news.bbc.co.uk/2/hi/africa/3495689.stm. The Goldenberg Commission was established to investigate the Goldenberg scandal, a political scandal in the 1990s involving Daniel arap Moi’s government subsidies of gold exports, which far exceeded the standard arrangements at the time. Subsidies paid to Goldenberg International amounted to 35% more than their foreign currency earnings.…

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