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Author : David K. Eiteman
Publisher :
ISBN 13 :
Total Pages : 18 pages
Book Rating : 4.F/5 ( download)
Download or read book A Model for Expropriation Settlement written by David K. Eiteman and published by . This book was released on 1970 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Riddhi Dasgupta
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443867659
Total Pages : 480 pages
Book Rating : 4.4/5 (438 download)
Download or read book International Interplay written by Riddhi Dasgupta and published by Cambridge Scholars Publishing. This book was released on 2014-09-26 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are international tribunals heading towards greater sovereignty or towards greater liberalisation of property rights? Can we glean specific deductions from prevailing cases outside the expropriation arena? How can we justifiably extrapolate principles from international investment arbitration before modifying and applying these lessons to international human rights, the World Trade Organization regime and other dispute settlement systems? What, if any, degree of deference attends the assessment of various claims undertaken by international tribunals? Does this depend on high commerce, force majeure, military or paramilitary control, urgent nuclear and environmental considerations, transboundary harms, political instability, fraud and deception or other special circumstances? Where do textually strict treaty interpretations end and the general principles of international law take over? Can autonomous treaty interpretation by international tribunals be reconciled with the host State’s prerogative of defining its own protected public interests? Where is the tipping point, too frequently fraught with the potential to deprive States of the incentive to stay within the applicable international compact? These issues must be comparatively addressed. Contemporary international law developments and dislocations are occurring at a break-neck pace. We pause and contemplate the implications. Riddhi Dasgupta analyses the standards of Expropriation, Exhaustion of Local Remedies, Continuous Nationality, Non-Discrimination (National Treatment, Most Favoured Nation and Domestic Discrimination), Fair and Equitable Treatment, Minimum Standard of Treatment, and Compensation across international dispute settlement. The foundational and evolving concept of consent is required to justify all public international law, from genesis onwards. The potency of expropriation-based claims will continue to expand, and the comparative lessons drawn from various international law regimes will interplay to stirring effect. Writing accessibly, Dasgupta proposes various legal strategies going forward and makes analytical prognostications about this area of international law. Dasgupta presents influential interview and anecdotal results as well as statistics concerning the growing flow of investments in targeted jurisdictions and sectors. For the international lawyer’s benefit, the final chapter condenses the book’s tactical scenario-planning and advice. Institutional dialogues among tribunals as well as tribunal dialogues with politicians, investors, NGOs, and of course citizens (the ultimate boson) will assume absolutely indispensable significance. This will be the true tipping-point in the eye of the storm. Legitimacy, transparency, justice, efficiency and economy, candour, party autonomy, coherence, incentives, and the tense clash of interests reappear as the constant motifs in this important but relatively unknown saga. Studiedly neutral in its orientation, this book strives to promote constructive solutions as well as public awareness.
Author : August Reinisch
Publisher : Cambridge University Press
ISBN 13 : 1108882706
Total Pages : 1662 pages
Book Rating : 4.1/5 (88 download)
Download or read book International Protection of Investments written by August Reinisch and published by Cambridge University Press. This book was released on 2020-07-16 with total page 1662 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.
Author : Pierre-Marie Dupuy
Publisher : Oxford University Press
ISBN 13 : 0199578184
Total Pages : 646 pages
Book Rating : 4.1/5 (995 download)
Download or read book Human Rights in International Investment Law and Arbitration written by Pierre-Marie Dupuy and published by Oxford University Press. This book was released on 2009 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.
Author : A. Saravanan
Publisher : Springer Nature
ISBN 13 : 9811570108
Total Pages : 211 pages
Book Rating : 4.8/5 (115 download)
Download or read book Role of Domestic Courts in the Settlement of Investor-State Disputes written by A. Saravanan and published by Springer Nature. This book was released on 2020-10-28 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the interactions between the domestic courts and the international investment arbitral tribunals, one of the most pressing issues confronting both domestic legal systems and the international legal system. It deals with the core issues inherent in the above interactions, especially with regard to countries outside the ICSID system. It contrasts this narrative with the position under classical international investment law, where national courts are assigned a very specific and minimalistic role in the process of investment disputes settlement. For this purpose, the book chooses India, which follows the non-ICSID model, as the major point of focus and considers both domestic judicial decisions and investment arbitral decisions for critical analysis. The ICSID Convention grants limited powers to domestic courts to issue provisional measures and to enforce ICSID awards. As the central theme of the book lies at the intersection of domestic law and international law, the work is indispensable for any scholar working in the areas of general international law, international investment law, international economic law, law and economics, international dispute settlement, or international law in domestic courts, as well as domestic judges and international arbitrators. Further, as the subject matter has great implications for both domestic and global governance, it will benefit civil servants, opinion leaders, policy planners and subject experts in economics, the political economy and regional studies, to name a few. Excerpt from the Foreword: “One of the great merits of this book is that... It looks at bilateral investment treaties themselves to probe more deeply into the role of national courts in investment arbitration... This masterful book fills a major void as a resource in Indian international arbitration law. But is also the prototype of what any serious inquiry into the judicial role in investor-State arbitration in any jurisdiction should look like...” - George A. Bermann, Walter Gellhorn Professor of Law and Jean Monnet Professor of European Union Law, Columbia Law School, USA
Author : Edesio Fernandes
Publisher : Lincoln Inst of Land Policy
ISBN 13 : 9781558442023
Total Pages : 48 pages
Book Rating : 4.4/5 (42 download)
Download or read book Regularization of Informal Settlements in Latin America written by Edesio Fernandes and published by Lincoln Inst of Land Policy. This book was released on 2011 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: In large Latin American cities the number of dwellings in informal settlements ranges from one-tenth to one-third of urban residences. These informal settlements are caused by low income, unrealistic urban planning, lack of serviced land, lack of social housing, and a dysfunctional legal system. The settlements develop over time and some have existed for decades, often becoming part of the regular development of the city, and therefore gaining rights, although usually lacking formal titles. Whether they are established on public or private land, they develop irregularly and often do not have critical public services such as sanitation, resulting in health and environmental hazards. In this report from the Lincoln Institute of Land Policy, author Edesio Fernandes, a lawyer and urban planner from Latin America, studies the options for regularization of the informal settlements. Regularization is looked at through established programs in both Peru and Brazil, in an attempt to bring these settlements much needed balance and improvement. In Peru, based on Hernando de Soto's theory that tenure security triggers development and increases property value, from 1996 to 2006, 1.5 million freehold titles were issued at a cost of $64 per household. This did result in an increase of property values by about 25 percent, making the program cost effective. Brazil took a much broader and more costly approach to regularization by not only titling the land, but improving public services, job creation, and community support structures. This program in Brazil has had a cost of between $3,500 to $5,000 per household and has affected a much lower percent of the population. The report offers recommendations for improving regularization policy and identifies issues that must be addressed, such as collecting data with baseline figures to get a true evaluation of the benefit of programs established. Also, it shows that each individual informal settlement must have a customized plan, as a single approach will not work for each settlement. There is a need to include both genders for long-term effectiveness and to find ways to make the regularization self-sustaining financially. Any program must be closely monitored to insure the conditions are improved for the marginalized, as well as be sure it is not causing new informal settlements to be established.
Author : Frances Plimmer
Publisher : Routledge
ISBN 13 : 1317608267
Total Pages : 641 pages
Book Rating : 4.3/5 (176 download)
Download or read book Routledge Handbook of Contemporary Issues in Expropriation written by Frances Plimmer and published by Routledge. This book was released on 2018-09-18 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of Contemporary Issues in Expropriation reviews the contemporary major issues involving expropriation (eminent domain/compulsory purchase) in an international context. Expropriation is a right reserved to all governments, and, thus, it has an impact on all societies. This book, the first of its kind, considers the essential issues from the point of view of both developing and developed countries, and their needs for major infrastructure projects. The content covers major issues, principles and policies and includes the experiences of and examples from different countries and regions, including Australia, Asia, China, Europe, India and the USA. Rather than providing an in-depth examination of individual countries’ legal systems, the book focuses on international issues, and also provides a reflection on how national experiences can be related to global needs. Key themes include: Nature and quantum of compensation • Land rights and the acquisition of traditional land rights • Issues surrounding ‘public interest’ •Alternatives to expropriation •The future: “good practice”, debate and reform. This handbook is an essential resource for students and researchers in the areas of land policy, land law, property law and rights, and international development.
Author : John Dwyer
Publisher : Duke University Press
ISBN 13 : 0822388944
Total Pages : 404 pages
Book Rating : 4.8/5 (223 download)
Download or read book The Agrarian Dispute written by John Dwyer and published by Duke University Press. This book was released on 2008-09-12 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the mid-1930s the Mexican government expropriated millions of acres of land from hundreds of U.S. property owners as part of President Lázaro Cárdenas’s land redistribution program. Because no compensation was provided to the Americans a serious crisis, which John J. Dwyer terms “the agrarian dispute,” ensued between the two countries. Dwyer’s nuanced analysis of this conflict at the local, regional, national, and international levels combines social, economic, political, and cultural history. He argues that the agrarian dispute inaugurated a new and improved era in bilateral relations because Mexican officials were able to negotiate a favorable settlement, and the United States, constrained economically and politically by the Great Depression, reacted to the crisis with unaccustomed restraint. Dwyer challenges prevailing arguments that Mexico’s nationalization of the oil industry in 1938 was the first test of Franklin Roosevelt’s Good Neighbor policy by showing that the earlier conflict over land was the watershed event. Dwyer weaves together elite and subaltern history and highlights the intricate relationship between domestic and international affairs. Through detailed studies of land redistribution in Baja California and Sonora, he demonstrates that peasant agency influenced the local application of Cárdenas’s agrarian reform program, his regional state-building projects, and his relations with the United States. Dwyer draws on a broad array of official, popular, and corporate sources to illuminate the motives of those who contributed to the agrarian dispute, including landless fieldworkers, indigenous groups, small landowners, multinational corporations, labor leaders, state-level officials, federal policymakers, and diplomats. Taking all of them into account, Dwyer explores the circumstances that spurred agrarista mobilization, the rationale behind Cárdenas’s rural policies, the Roosevelt administration’s reaction to the loss of American-owned land, and the diplomatic tactics employed by Mexican officials to resolve the international conflict.
Author : Aniruddha Rajput
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403506253
Total Pages : 283 pages
Book Rating : 4.4/5 (35 download)
Download or read book Regulatory Freedom and Indirect Expropriation in Investment Arbitration written by Aniruddha Rajput and published by Kluwer Law International B.V.. This book was released on 2018-12-20 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many investment arbitration cases involve a challenge to a regulatory measure of a host state on the basis of indirect expropriation. The practice of arbitral tribunals is diverse and unsettled. In recent years States have been trying to clarify the relationship between regulatory freedom (also known as 'police powers') and indirect expropriation by revising provisions on indirect expropriation in their investment treaties. This book provides the first focused analysis of indirect expropriation and regulatory freedom, drawing on a broad range of the jurisprudence of investment tribunals. The nature of regulatory freedom in international law has been explained on the bases of jurisprudence of international courts and tribunals such as the International Court of Justice (ICJ), Permanent Court of International Justice (PCIJ), dispute resolution bodies of the World Trade Organisation (WTO), European Court of Human Rights. While showing how cases involving standoff between regulatory freedom and indirect expropriation can be resolved in practice, the book goes on to present a conceptual framework for interpreting the nuances of this relationship. The book provides a detailed responses to the following complex questions: • To what extent do states retain regulatory freedom after entering into investment treaties? • What is the scope of regulatory freedom in general public international law? • What are the elements of regulatory freedom and standard of review? • How to draw a dividing line between regulatory freedom and indirect expropriation? • Whether the sole effects doctrine or the police powers is the appropriate method for distinguishing between regulatory freedom and indirect expropriation? While addressing these questions, the author analyses different theoretical approaches that reflect upon the relationship between regulatory freedom and indirect expropriation and how far they assist in understanding these potentially overlapping concepts; their relationship with each other; and the method for distinguishing between them. Given the dense network of around three thousand bilateral investment treaties (BITs) that impose an obligation to protect foreign investments in a State, this book will help practitioners identify, through analysis of cases from diverse fields, how a situation may be categorized either as regulatory freedom or as indirect expropriation. The analysis will also be of value to government officials and lawyers involved in negotiating and re-negotiating investment treaties, and to arbitrators who have to decide these issues. Scholars will welcome the book's keen insight into the contentious relationship between a customary international law norm and a treaty norm.
Author : Chester Brown
Publisher : OUP Oxford
ISBN 13 : 0191651966
Total Pages : 1018 pages
Book Rating : 4.1/5 (916 download)
Download or read book Commentaries on Selected Model Investment Treaties written by Chester Brown and published by OUP Oxford. This book was released on 2013-01-17 with total page 1018 pages. Available in PDF, EPUB and Kindle. Book excerpt: The existing literature on the substantive and procedural aspects of bilateral investment treaties (BITs) relies heavily on investment treaty arbitration decisions as a source of law. What is missing is a comprehensive, analytical review of state practice. This volume fills this gap, providing detailed analyses of the investment treaty policy and practice of nineteen leading capital-exporting states and emerging market economies. The authors are leading experts in government, academia, and private legal practice, and their chapters are largely based on primary source materials. Each chapter provides a description of the regulatory or policy framework governing foreign investment (both inflows and outflows) with a historical presentation of the state's Model BIT; an examination of internal government processes and practices relating to treaty negotiation, conclusion, ratification and record-keeping; and a detailed article-by-article analytical commentary of the state's Model BIT, elucidating the policy behind each provision and highlighting the ways in which the actual investment treaty practice of that state deviates from this standard text. This commentary is supplemented by the case law relevant to that state's investment treaties. This commentary will be of immense assistance to counsel and arbitrators engaged in arguing and determining the proper interpretation of BITs and investment chapters in Free Trade Agreements, and to government officials and scholars engaged in BIT policy formulation and implementation. It will serve as a standard resource for legal practitioners, scholars, policy-makers and other stakeholders in the field of international investment policy, law, and arbitration.
Author : Chester Brown
Publisher : OUP Oxford
ISBN 13 : 0191651974
Total Pages : 990 pages
Book Rating : 4.1/5 (916 download)
Download or read book Commentaries on Selected Model Investment Treaties written by Chester Brown and published by OUP Oxford. This book was released on 2013-01-17 with total page 990 pages. Available in PDF, EPUB and Kindle. Book excerpt: The existing literature on the substantive and procedural aspects of bilateral investment treaties (BITs) relies heavily on investment treaty arbitration decisions as a source of law. What is missing is a comprehensive, analytical review of state practice. This volume fills this gap, providing detailed analyses of the investment treaty policy and practice of nineteen leading capital-exporting states and emerging market economies. The authors are leading experts in government, academia, and private legal practice, and their chapters are largely based on primary source materials. Each chapter provides a description of the regulatory or policy framework governing foreign investment (both inflows and outflows) with a historical presentation of the state's Model BIT; an examination of internal government processes and practices relating to treaty negotiation, conclusion, ratification and record-keeping; and a detailed article-by-article analytical commentary of the state's Model BIT, elucidating the policy behind each provision and highlighting the ways in which the actual investment treaty practice of that state deviates from this standard text. This commentary is supplemented by the case law relevant to that state's investment treaties. This commentary will be of immense assistance to counsel and arbitrators engaged in arguing and determining the proper interpretation of BITs and investment chapters in Free Trade Agreements, and to government officials and scholars engaged in BIT policy formulation and implementation. It will serve as a standard resource for legal practitioners, scholars, policy-makers and other stakeholders in the field of international investment policy, law, and arbitration.
Author : Freya Baetens
Publisher : Cambridge University Press
ISBN 13 : 1107434912
Total Pages : 569 pages
Book Rating : 4.1/5 (74 download)
Download or read book Investment Law within International Law written by Freya Baetens and published by Cambridge University Press. This book was released on 2013-08-01 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developments within various sub-fields of international law influence international investment law, but changes in investment law also have an impact on the evolution of other fields within international law. Through contributions from leading scholars and practitioners, this book analyses specific links between investment law and other sub-fields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and EU law. In particular, this book scrutinises how concepts, principles and rules developed in the context of such sub-fields could inform the content of investment law. Solutions aimed at resolving problems in other settings may provide instructive examples for addressing current problems in the field of investment law, and vice versa. The underlying question is whether key sub-fields of public international law, notably international investment law, are open to cross-fertilisation, or, whether they are evolving further into self-contained regimes.
Author : Rudolf Dolzer
Publisher : Oxford University Press
ISBN 13 : 019267241X
Total Pages : 582 pages
Book Rating : 4.1/5 (926 download)
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 582 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.
Author : United Nations Conference on Trade and Development
Publisher :
ISBN 13 : 9789211128475
Total Pages : 0 pages
Book Rating : 4.1/5 (284 download)
Download or read book Expropriation written by United Nations Conference on Trade and Development and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication deals with State's expropriatory measures in a case of foreign investment. It examines recent treaty practice regarding expropriation as well as recent arbitral awards applying and interpreting these treaty provisions. It offers solutions to the existing interpretative issues and also provides policy options for future treaties. Section I defines the concepts of direct and indirect expropriation and reviews the variety of measures that can constitute an expropriation. It discusses what economic rights and interests may constitute an object of a taking. It also reviews in detail the conditions for an expropriation to be lawful, namely public purpose, nondiscrimination, due process and payment of compensation. Section II focuses on the core issue of establishing an indirect expropriation: the recent treaty practice with regard to defining indirect expropriation as well as arbitral practice with regard to assessing the impact of a measure, its interference with an investor?s reasonable investment-backed expectations and the nature, character and objectives of the measure. The section goes on to examine criteria that can facilitate the differentiation between indirect expropriation and normal exercise of police and regulatory powers by States. It concludes by presenting a framework for analysis (a sequence of analytical steps) that can be applied to determine whether a measure constitutes an indirect expropriation Section III discusses the differences between compensation for a lawful expropriation and reparation for unlawful expropriations, as well as the question of valuation of investments. Section IV offers options that policymakers and negotiators.
Author : Hualing Fu
Publisher : Cambridge University Press
ISBN 13 : 1107066824
Total Pages : 465 pages
Book Rating : 4.1/5 (7 download)
Download or read book Resolving Land Disputes in East Asia written by Hualing Fu and published by Cambridge University Press. This book was released on 2014-07-03 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fresh comparative perspectives on land disputes in East Asia, with a focus on the transitional societies in China and Vietnam.
Author : Marc Bungenberg
Publisher : Hart Pub Limited
ISBN 13 : 9781849463638
Total Pages : 2000 pages
Book Rating : 4.4/5 (636 download)
Download or read book International Investment Law written by Marc Bungenberg and published by Hart Pub Limited. This book was released on 2014-11-30 with total page 2000 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is a subject of growing importance and complexity. Anyone interested in international investment law will appreciate the comprehensive, thoughtful and detailed exploration of this area which this distinguished group of German scholars have provided.
Author : United Nations. International Law Commission
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (452 download)
Download or read book United Nations Yearbook of the International Law Commission written by United Nations. International Law Commission and published by . This book was released on 1956 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
