Overview
It is now urgently necessary to protect legally the foreign direct investments (FDI) of Japanese companies. For this end, it is necessary, first, to promote the conclusion of international investment treaties, such as bilateral investment treaties (BITs), economic partnership agreements (EPAs), free trade agreements (FTAs), and the Trans-Pacific Partnership (TPP). Second, it is also necessary to use the investor-state dispute settlement (ISDS) clause establishing investment arbitration, such as the International Centre of Settlement of Investment Disputes (ICSID), through which investors can bring their claims of investment damage against the host states. Investment protection is now a world-wide phenomenon, and as such, the "International Investment Law" is rapidly being created and diversified. This research project aims to examine the theoretical and factual aspects of contemporary pressing matters of investment protection and liberalization and to achieve some useful policy implications.
December 12, 2011 - December 31, 2013
Major Research Results
2014
RIETI Policy Discussion Papers
2013
RIETI Discussion Papers
- 14-J-013
"Moral Damages in Investor-State Dispute Settlement" (TAMADA Dai) - 14-J-008
"Invocation of Plea of Countermeasures against the State of Nationality in Investor-State Investment Arbitration" (IWATSUKI Naoki) - 14-J-007
"General Exception Clauses in International Investment Agreements Concluded by Japan" (MORI Tadashi and KOTERA Akira) - 14-J-006
"Non-Pecuniary Remedies in Investment Treaty Arbitration" (NISHIMURA Yumi and KOTERA Akira) - 14-J-005
"State-to-State Dispute Settlements in International Investment Agreements" (OBATA Kaoru) - 14-J-002
"Protection of the Investor's Legitimate Expectations: Intersection of a treaty obligation and a general principle of law" (HAMAMOTO Shotaro) - 14-J-001
"Economic Analysis of the Influence of International Investment Agreements on the Actions of Multinational Enterprises and the Social Welfare of Host Countries" (HATTORI Tetsuya) - 13-J-078
"Problems Concerning the Enforcement of Investment Arbitral Awards" (MIZUSHIMA Tomonori) - 13-J-063
"Principle of Proportionality in Investor-State Arbitration: An emerging standard of justifiable regulatory measures" (ITO Kazuyori)
