General Principles of Law and International Investment Arbitration

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Publisher : BRILL
ISBN 13 : 9004368388
Total Pages : 475 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis General Principles of Law and International Investment Arbitration by : Andrea Gattini

Download or read book General Principles of Law and International Investment Arbitration written by Andrea Gattini and published by BRILL. This book was released on 2018-06-01 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration. The resulting picture is that of a lively source that escapes doctrinal straitjackets and maintains its relevance.

A Guide to General Principles of Law in International Investment Arbitration

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Author :
Publisher : Oxford International Arbitrati
ISBN 13 : 9780198857075
Total Pages : 416 pages
Book Rating : 4.8/5 (57 download)

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Book Synopsis A Guide to General Principles of Law in International Investment Arbitration by : Patrick Dumberry

Download or read book A Guide to General Principles of Law in International Investment Arbitration written by Patrick Dumberry and published by Oxford International Arbitrati. This book was released on 2020 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the actors involved in investor-State arbitration with a set of comprehensive guidelines to better understand the nature, meaning, and function of general principles of law in the field of international investment law.

Principles of International Investment Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 019267241X
Total Pages : 561 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Principles of International Investment Law by : Rudolf Dolzer

Download or read book Principles of International Investment Law written by Rudolf Dolzer and published by Oxford University Press. This book was released on 2022-01-13 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor-State arbitration. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students, scholars, and practitioners alike.

General International Law in International Investment Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192666916
Total Pages : 737 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis General International Law in International Investment Law by :

Download or read book General International Law in International Investment Law written by and published by Oxford University Press. This book was released on 2024-02-22 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: General international law is part and parcel of investor-state arbitration. This is the case not only regarding treaty law and state responsibility, but also with respect to matters such as state succession, the international minimum standard, and state immunity, all of which feature regularly in investor-state arbitration. Yet, although general international law issues arise in almost every investment case and often require extensive research, no systematic exploration of the relationship between the two exists. This Commentary is the first to fill this gap, providing a comprehensive treatment of the role of general international law in international investment law. It engages in detail with central matters of general international law, including in the practice of investment arbitration tribunals, moving beyond existing works which focus solely on procedural and institutional provisions. The Commentary's forty-six chapters do not focus on a single source or subject. Instead, each concentrates on a specific, relevant article from a particular source of public law - such as the Vienna Convention on the Law of Treaties (1969) or the International Law Commission's Articles on the Responsibility of States for Internationally Wrongful Acts (2001), among others. The entries combine detailed analysis with an examination of procedural and substantive aspects - such as nationality and unjust enrichment - and respond to the following questions: how have investment tribunals interpreted and applied the specific rule of general international law? To what extent and why does such interpretation and application align with or deviate from the practice by other international courts or tribunals? How could and should investment tribunals interpret and apply rules that have yet to feature in investment arbitration? This unique format means this commentary will serve as a central guide for all relevant case law and scholarship on international investment law.

General International Law in International Investment Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192849921
Total Pages : 737 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis General International Law in International Investment Law by : Andreas Kulick

Download or read book General International Law in International Investment Law written by Andreas Kulick and published by Oxford University Press. This book was released on 2024-05-22 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Commentary systematically and comprehensively examines the various sources of general international law relevant to international investment law and arbitration.

The Formation and Identification of Rules of Customary International Law in International Investment Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1316503070
Total Pages : 535 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis The Formation and Identification of Rules of Customary International Law in International Investment Law by : Patrick Dumberry

Download or read book The Formation and Identification of Rules of Customary International Law in International Investment Law written by Patrick Dumberry and published by Cambridge University Press. This book was released on 2018-12-13 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patrick Dumberry provides a comprehensive analysis of the rules of customary international law in the field of international investment law.

General Principles of Law and International Due Process

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Publisher : Oxford University Press
ISBN 13 : 0190642726
Total Pages : 288 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis General Principles of Law and International Due Process by : Charles T. Kotuby, Jr.

Download or read book General Principles of Law and International Due Process written by Charles T. Kotuby, Jr. and published by Oxford University Press. This book was released on 2017-02-15 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.

Evidence in International Investment Arbitration

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 9780198753506
Total Pages : 325 pages
Book Rating : 4.7/5 (535 download)

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Book Synopsis Evidence in International Investment Arbitration by : Frédéric Gilles Sourgens

Download or read book Evidence in International Investment Arbitration written by Frédéric Gilles Sourgens and published by Oxford University Press, USA. This book was released on 2018 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evidence in International Investment Arbitration is a detailed analysis of the law and practice surrounding the use of evidence in economic law proceedings before the ICJ, WTO, ITLOS, and investment arbitration.

Domestic Law in International Investment Arbitration

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Publisher : Oxford University Press
ISBN 13 : 0191088684
Total Pages : 305 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Domestic Law in International Investment Arbitration by : Jarrod Hepburn

Download or read book Domestic Law in International Investment Arbitration written by Jarrod Hepburn and published by Oxford University Press. This book was released on 2017-03-01 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although domestic law plays an important role in investment treaty arbitration, this issue is little discussed or analysed. When should investment treaty tribunals engage with domestic law? How should investment treaty tribunals resolve matters of domestic law? These questions have significant ramifications for both the legitimacy of the investment treaty system and the arbitral mandate of the tribunal members. Drawing on case law, international law principles, and comparative analysis, this book addresses these important issues. Part I of the book examines three areas of investment law-the 'fair and equitable treatment' standard, expropriation, and remedies-in which the role of domestic law has so far been under-appreciated. It argues that tribunals are justified in drawing on domestic law as a relevant factor in their rulings on these three issues. Part II of the book examines how questions of domestic law should be resolved in investment arbitration. It proposes a normative framework for use by tribunals in ascertaining the contents of the domestic law to be applied. It then considers counter-arguments, exemptions, and exceptions to applying this framework, and it evaluates how tribunals have ruled on questions of domestic law to date. Investment treaty arbitration has endured much criticism in recent times, partly over fears of its encroachment on sovereignty. The book ultimately contends that closer attention by tribunals to one of the principal expressions of a state's sovereignty-the elaboration of its domestic law-will reduce criticism of the field.

International Investment Law and General International Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 9781800884052
Total Pages : 0 pages
Book Rating : 4.8/5 (84 download)

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Book Synopsis International Investment Law and General International Law by : Christian J. Tams

Download or read book International Investment Law and General International Law written by Christian J. Tams and published by Edward Elgar Publishing. This book was released on 2022-12-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book questions whether investment law influences the wider field of general international law, and more specifically, whether approaches adopted by tribunals in investment arbitrations have radiated, or should radiate, into other fields of international law. To answer this question, the book engages in a detailed analysis of pronouncements by investment tribunals on state responsibility, the law of treaties, and general principles of dispute resolution, and evaluates their impact beyond the narrow field of investment law. The perspectives provided in the book highlight how rules of general international law are concretised, specified, and at times moulded in investment arbitration practice. By doing so, the book enhances our understanding of the relationship between general international law and one its most dynamic sub-disciplines. Combining conceptual and practical perspectives, and offering a detailed analysis of the pertinent case law, the book is a plea for a fuller engagement directed at both general international lawyers and international investment lawyers. It will help investment lawyers better understand the role of general international law in their field of practice. General international lawyers will benefit from paying close attention to how investment lawyers apply and interpret rules of general international law.

Litigating International Investment Disputes

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004276572
Total Pages : 566 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Litigating International Investment Disputes by : Chiara Giorgetti

Download or read book Litigating International Investment Disputes written by Chiara Giorgetti and published by Martinus Nijhoff Publishers. This book was released on 2014-07-04 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigating International Investment Disputes: A Practitioner’s Guide serves as a comprehensive and straightforward resource for those who are new to international investment arbitration, as well as for seasoned practitioners.

Arbitration Under International Investment Agreements

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Publisher : Oxford University Press on Demand
ISBN 13 : 0195340698
Total Pages : 790 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Arbitration Under International Investment Agreements by : Katia Yannaca-Small

Download or read book Arbitration Under International Investment Agreements written by Katia Yannaca-Small and published by Oxford University Press on Demand. This book was released on 2010 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investor-state arbitration is a relatively new dispute settlement mechanism that allows foreign investors the opportunity to seek redress for damages arising out of breaches of investment-related treaty obligations by the governments of host countries. Claims are submitted to independent, international arbitration tribunals, which are called upon to interpret the treaty at hand. Because of the public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. Thus, it has already generated hundreds of cases and created new legal disciplines, inspiring a continuous string of legal writings. This book provides a comprehensive analysis of the main issues that arise in investor-state arbitration. It accompanies the reader through the phases of such a procedure, starting with an examination of the instruments, which provide, in the overwhelming majority of the cases, the legal basis for the requests for such arbitration. It then continues with the launching of the arbitration procedure, followed by the analysis of the main jurisdictional and substantive issues that the tribunals are confronted with, and the review procedures, when there is a request for setting aside of the award. It finally looks at the post-award phase and concludes with a reflection on the role of precedent in investment arbitration. Arbitration under International Investment Agreements: a Guide to the Key Issues contains in one volume what everybody needs to know on this evolving topic. Calling on the most renowned experts in this field, private practitioners, academics, government and international organization officials, it describes the process in all its phases from A to Z, providing a comprehensive insight in the way investor-state arbitration works from the perspective of the main actors involved. Its analyses of all key aspects of the topic are pragmatic and reliable.

International Investment Law and Comparative Public Law

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Publisher : Oxford University Press
ISBN 13 : 0199589100
Total Pages : 922 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis International Investment Law and Comparative Public Law by : Stephan W. Schill

Download or read book International Investment Law and Comparative Public Law written by Stephan W. Schill and published by Oxford University Press. This book was released on 2010-10-14 with total page 922 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.

International Investment Law

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004214534
Total Pages : 363 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis International Investment Law by : Tarcisio Gazzini

Download or read book International Investment Law written by Tarcisio Gazzini and published by Martinus Nijhoff Publishers. This book was released on 2012-08-22 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational investment involves a variety of actors (States, public and private legal entities, and natural persons) whose relationships are governed by rules and legal instruments belonging to different legal systems. This book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction. It focuses primarily on the network of over 3,000 Bilateral Investment Treaties, international investment contracts, customary international law, the main multilateral treaties, national legislation, international case law and general principles of law. The book, firmly based on State practice, arbitral awards and national decisions, is indispensable to fully appraise the nature and content of the claims of private investors as well as to identify the law applicable in investment arbitration.

Advanced Introduction to International Investment Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1783474521
Total Pages : 173 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Advanced Introduction to International Investment Law by : August Reinisch

Download or read book Advanced Introduction to International Investment Law written by August Reinisch and published by Edward Elgar Publishing. This book was released on 2020-06-26 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: August Reinisch gives a broad overview of the entire field of international investment law that has emerged as an important subfield of international economic law over the last decades. As a result of the boom of investment arbitration since the late 1990s, core questions of the substantive treatment of foreign investors are analysed. Combining an academic and a practical perspective, this book has been written to provide an introduction to investment law for lawyers, political scientists, economists as well as those interested in international relations.

International Investment Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1788975898
Total Pages : 408 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis International Investment Law by : Arnaud de Nanteuil

Download or read book International Investment Law written by Arnaud de Nanteuil and published by Edward Elgar Publishing. This book was released on 2020-02-28 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book provides a complete overview of the international legal system of foreign investment protection, synthesising material from treaties, general international law, contracts and case law to demonstrate a coherent system of investment protection. Through this systematic approach, the book considers all aspects of the discipline, providing a thorough and accessible analysis.

The Foundations of International Investment Law

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191508578
Total Pages : 586 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Foundations of International Investment Law by : Zachary Douglas

Download or read book The Foundations of International Investment Law written by Zachary Douglas and published by OUP Oxford. This book was released on 2014-05-01 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.