Overview
2006 - 2008
Foreign investments are exposed to considerable risk, depending on factors such as the conditions in the recipient countries. Among these risks, those (political and social risks) that may cause business failure as a direct result of acts by the recipient country need to be addressed through a public framework, and in recent years investment agreements have been attracting attention as a type of public framework. Of particular note is that the procedure for resolving disputes between investors and states (investment agreements arbitration) provided in investment agreements functions as real investor protection. In our research we will analyze the legal principles of arbitration awards and will study legal protection for overseas investment. The analysis of legal principles will have considerable implications for the drafting of the investment-related provisions in future investment agreements or economic partnership agreements that Japan concludes in the future. At the same time, it will serve as a reference for company management when choosing investment targets or investment methods. In addition, this will influence the design of investment insurance schemes offering similar functions.
Until October 31, 2008
Major Research Results
2008
RIETI Discussion Papers
- 09-J-003
"A State of Necessity as an Economic Safeguard Clause under Investment Treaties: Limitations and implications as seen in the Argentine economic crisis" (KAWASE Tsuyoshi) - 08-J-032
"Attribution of Conduct to a State in Investment Disputes: Conditions under which a state is responsible for the conduct of local governments, para-statal entites and public corporations" (NISHIMURA Yumi) - 08-J-014
"Breach of Contracts in Investor-State Arbitration Based on International Investment Agreements" (HAMAMOTO Shotaro) - 08-J-012
"Objections to Jurisdiction and their Settlement in International Investment Arbitration" (IWATSUKI Naoki) - 08-J-028
"Incentive Design of Investment Treaty Arbitration Procedures" (SHIMIZU Takashi) - 08-J-027
"Regulations and Indirect Expropriation: Major criteria for deciding indirect expropriations in investment treaty arbitration" (MATSUMOTO Kayo) - 08-J-026
"'Fair and Equitable Treatment' in Investment Treaties: Function of general provisions" ( KOTERA Akira) - 08-J-013
"Categories of Rulings on Compensation and Reparation in the International Investment Arbitration : A tentative reclassification of cases" (TAMADA Dai) - 08-J-025
"International Investment Arbitration and Parallel Proceedings: Focusing on regulation and coordination under national law" (NAKAMURA Tatsuya) - 08-J-024
"Applicable Laws in ICSID Arbitration: Direct application of international law and its implications" (KOMETANI Kazumochi) - 08-J-011
"Types of Foreign 'Investor' and 'Investment' Covered by Arbitral Jurisdiction" (ITO Kazuyori)
RIETI International Seminar
2006
RIETI Discussion Papers
- 07-E-017
"On the Comparison of Safeguard Mechanisms of Free Trade Agreements" (KOTERA Akira and KITAMURA Tomofumi) - 07-J-001
"Possibility of Inefficient Breaches under WTO Dispute Settlement Procedures: Analysis from the Viewpoint of Law and Economics" (SHIMIZU Takashi) - 06-J-026
"Transparency and International Investment Treaties - Definition and responses" (KOTERA Akira)
