China's Treaty Policy and Practice in International Investment Law and Arbitration

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Publisher : BRILL
ISBN 13 : 9004443932
Total Pages : 437 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis China's Treaty Policy and Practice in International Investment Law and Arbitration by : G. Matteo Vaccaro-Incisa

Download or read book China's Treaty Policy and Practice in International Investment Law and Arbitration written by G. Matteo Vaccaro-Incisa and published by BRILL. This book was released on 2021-04-26 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: With his comparative and analytical review of China's treaty policy and practice in international investment law, Vaccaro-Incisa draws the most detailed, comprehensive, effective, and objective work ever published on this subject.

Foreign Investment and Dispute Resolution Law and Practice in Asia

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Publisher : Routledge
ISBN 13 : 1136581057
Total Pages : 284 pages
Book Rating : 4.1/5 (365 download)

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Book Synopsis Foreign Investment and Dispute Resolution Law and Practice in Asia by : Vivienne Bath

Download or read book Foreign Investment and Dispute Resolution Law and Practice in Asia written by Vivienne Bath and published by Routledge. This book was released on 2012-03-12 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers foreign investment flows in major Asian economies. It critically assesses the patterns and issues involved in the substantive law and policy environment which impact on investment flows, as well as the related dispute resolution law and practice. The book combines insights from international law and comparative study and is attentive to the socio-economic contexts and competing theories of the role of law in Asia. Contributions come from both academics with considerable practical expertise and legal practitioners with strong academic backgrounds. The chapters analyze the law and practice of investment treaties and FDI regimes in Asia looking specifically at developments in Japan, India, China, Indonesia, Malaysia, Korea and Vietnam. The book explores the impact of the Asian Financial Crisis in the late 1990s and the Global Financial Crisis a decade later, examining actual trends and policy debates relating to FDI and capital flows in Asia before and after those upheavals. Foreign Investment and Dispute Resolution: Law and Practice in Asia is a valuable resource for practitioners, academics and students of International and Comparative Law, Business and Finance Law, Business, Finance and Asian Studies.

Asian Treaty Practice

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Publisher : Springer
ISBN 13 : 9789811689338
Total Pages : 240 pages
Book Rating : 4.6/5 (893 download)

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Book Synopsis Asian Treaty Practice by : Yogesh K. Tyagi

Download or read book Asian Treaty Practice written by Yogesh K. Tyagi and published by Springer. This book was released on 2022-06-15 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book surveys the treaty practice of Asian States. It undertakes a study of nine prominent Asian States, namely Bangladesh, India, Japan, Malaysia, Nepal, People’s Republic of China, Republic of Korea, Sri Lanka and The Philippines. One chapter each deals with the treaty practice of these States by reflecting on the theoretical foundations of treaty practice at the domestic level, including a query whether the State follows the theory of monism or dualism or a mix of these two; the relationship between treaties and the Constitution; the relationship between treaties and legislation; and the relationship between treaties and domestic customary law, if any. The chapters also review the participation of the respective States in the drafting of the 1969 Vienna Convention on the Law of Treaties (VCLT); position on and reservations to the VCLT; and reference of the VCLT in the treaties concluded by the States. Other aspects covered in chapters include constitutional provisions relating to treaties; domestic law, if any (for example, Nepal has a legislation on treaties); ratification process and practice; judicial practice, covering case law at the domestic level; the position of the State on the interpretation of treaties; and mechanism for the implementation of treaties at the domestic level, if any. The chapters identify leading cases, if any, relating to treaties to which the State was a party before international courts/tribunals. It deals with treaty compliance issues, including response to alleged violations of treaties; termination of treaties, if any; response to termination, if any; and participation in treaty bodies. It provides a panorama of treaties, to which the State is a party, as well as the most conspicuous treaties to which the State is not a party and the reasons thereof. The concluding chapter contains some general observations on Asian treaty practice.

Asian Yearbook of International Law, Volume 24 (2018)

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Publisher : BRILL
ISBN 13 : 9004437789
Total Pages : 477 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Asian Yearbook of International Law, Volume 24 (2018) by : Seokwoo Lee

Download or read book Asian Yearbook of International Law, Volume 24 (2018) written by Seokwoo Lee and published by BRILL. This book was released on 2020-11-30 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2018 edition of the Yearbook features articles on the practice of Asian states from the perspective of Third World Approaches to International Law (TWAIL).

The Southeast Asia Treaty Organisation

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Publisher : Routledge
ISBN 13 : 1000440109
Total Pages : 197 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis The Southeast Asia Treaty Organisation by : Ang Cheng Guan

Download or read book The Southeast Asia Treaty Organisation written by Ang Cheng Guan and published by Routledge. This book was released on 2021-09-09 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: A History of the Manila Pact and the Southeast Asia Treaty Organisation (SEATO) from its establishment in 1954 until its dissolution in 1977. The Southeast Asia Treaty Organization (SEATO) has received meagre scholarly attention in comparison to other key events and global developments during the duration of the Cold War, due to its perceived failure early in its existence. However, there has been a renewed interest in the academic study of the organization. Some scholars have argued that SEATO was not an outright failure. New literatures have also shed in detail the workings of SEATO, such as operational-level contingency plans and counter-insurgency plans. This book aims to reconstruct a comprehensive life cycle of SEATO using declassified archival documents which were unavailable to scholars studying the organization from the 1950s through the 1980s and provide a nuanced assessment of it. In addition, in recent years, there is also an emerging interest in the possibility of a multilateral military alliance in Asia, for instance the Quadrilateral Security Dialogue morphing into an "Asian NATO". As such, it is therefore crucial to study how previous multilateral alliances in the context of Asia were formed, how they functioned, and subsequently dissolved. A groundbreaking reference on a key element of the United States’ Cold War strategy in Asia, which will be a valuable resource to scholars of twentieth century diplomatic history.

Asian Yearbook of International Law, Volume 23 (2017)

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Publisher : BRILL
ISBN 13 : 9004415823
Total Pages : 343 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Asian Yearbook of International Law, Volume 23 (2017) by : Seokwoo Lee

Download or read book Asian Yearbook of International Law, Volume 23 (2017) written by Seokwoo Lee and published by BRILL. This book was released on 2019-12-16 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2017 edition of the Yearbook is a special volume that has articles highlighting current international legal issues facing particular Asian states.

International Investment Treaties and Arbitration Across Asia

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Publisher : BRILL
ISBN 13 : 9004360107
Total Pages : 725 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis International Investment Treaties and Arbitration Across Asia by : Julien Chaisse

Download or read book International Investment Treaties and Arbitration Across Asia written by Julien Chaisse and published by BRILL. This book was released on 2017-12-18 with total page 725 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Investment Treaties and Arbitration Across Asia brings together leading academics and practitioners to examine whether and how the Asian region has or may become a significant ‘rule maker’ in contemporary international investment law and dispute resolution. The editors introduce FDI trends and regulations, investment treaties and arbitration across Asia. Authors add country studies for the ten member states of the Association of Southeast Asian Nations as well as an overview of ASEAN treaties, or examine other potential ‘middle powers’ (Korea, Australia and New Zealand collectively) and the emerging ‘big players’ (China, Japan and India). Two early chapters present econometric studies of treaty impact on FDI flows, in aggregate as well as for Thailand, while two concluding chapters offer other normative and forward-looking perspectives.

Handbook on Good Treaty Practice

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Publisher : Cambridge University Press
ISBN 13 : 1107111900
Total Pages : 533 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Handbook on Good Treaty Practice by : Jill Barrett

Download or read book Handbook on Good Treaty Practice written by Jill Barrett and published by Cambridge University Press. This book was released on 2020-03-12 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aims to provide a useful analytical tool and practical guidance on good treaty practice. It will be of interest to those working with treaties and treaty procedures in governments, international organisations, and legal practice, as well as legal academics and students wishing to gain insight into the realities of treaty practice.

Treaties and Subsequent Practice

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Publisher : OUP Oxford
ISBN 13 : 0191668427
Total Pages : 2459 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Treaties and Subsequent Practice by : Georg Nolte

Download or read book Treaties and Subsequent Practice written by Georg Nolte and published by OUP Oxford. This book was released on 2013-06-13 with total page 2459 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the relevant rules of international law, treaties are interpreted in accordance with the ordinary meaning of the language they use, their object and purpose, and the intention of the drafters, but also in light of the subsequent practice of its parties. This subsequent practice can shed light on articles whose meaning is ambiguous and subsequent agreement can even alter the meaning of treaty provisions. At a time when many of the most important international treaties are more than fifty years old, subsequent practice plays an increasingly important role in their interpretation. Treaties and Subsequent Practice discusses the role and relevance of this subsequent practice in the process of dynamic treaty interpretation. The book provides a comprehensive treatment of this topic by eminent commentators, combining contributions which focus on practical cases with chapters examining the theoretical underpinnings of treaty interpretation. The concept of subsequent practice is situated in the more general context of treaty law and international law, looking at different cases and doctrinal questions to assess its policy dimensions. The book addresses the question of whether subsequent practice plays a more or less significant role in different areas of international law, and whether it can be employed as a partial substitute for formal treaty amendments. It also includes two previously unpublished reports issued by the International Law Commission's Study Group on this topic.

New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution

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Publisher : Kluwer Law International B.V.
ISBN 13 : 940352863X
Total Pages : 313 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution by : Shahla Ali

Download or read book New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution written by Shahla Ali and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.

Human Rights And Asean: Indonesian And International Perspectives

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Publisher : World Scientific
ISBN 13 : 9811229511
Total Pages : 296 pages
Book Rating : 4.8/5 (112 download)

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Book Synopsis Human Rights And Asean: Indonesian And International Perspectives by : Kevin Yl Tan

Download or read book Human Rights And Asean: Indonesian And International Perspectives written by Kevin Yl Tan and published by World Scientific. This book was released on 2021-01-26 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human Rights in ASEAN: Indonesian and International Perspectives is a collection of 13 essays that not only offers fresh new insights on the different facets of human rights and their protection in ASEAN, but also 'insider' accounts of the development of the ASEAN Inter-Governmental Commission for Human Rights. These valuable perspectives have never been shared publicly, and offer a view from both the state and non-governmental organisations' (NGO) perspectives. In addition to these valuable perspectives, this book offers a number of significant case studies of how human rights has been implemented, and the challenges it faces in ASEAN in general, and in Indonesia particularly.

The Oxford Guide to Treaties

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Publisher : Oxford University Press, USA
ISBN 13 : 019960181X
Total Pages : 873 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Oxford Guide to Treaties by : Duncan B. Hollis

Download or read book The Oxford Guide to Treaties written by Duncan B. Hollis and published by Oxford University Press, USA. This book was released on 2012-08-09 with total page 873 pages. Available in PDF, EPUB and Kindle. Book excerpt: Giving an overview of the current state of the law and practice in relation to treaties, this edited work is an essential reference for practitioners and legal advisers involved in treaty negotiations or the interpretation of treaties. It also reflects on the current areas of disagreement or ambiguity.

The Law of Nations in Global History

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Publisher : Oxford University Press
ISBN 13 : 0191078654
Total Pages : 760 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Law of Nations in Global History by : C. H. Alexandrowicz

Download or read book The Law of Nations in Global History written by C. H. Alexandrowicz and published by Oxford University Press. This book was released on 2017-03-31 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history and theory of international law have been transformed in recent years by post-colonial and post-imperial critiques of the universalistic claims of Western international law. The origins of those critiques lie in the often overlooked work of the remarkable Polish-British lawyer-historian C. H. Alexandrowicz (1902-75). This volume collects Alexandrowicz's shorter historical writings, on subjects from the law of nations in pre-colonial India to the New International Economic Order of the 1970s, and presents them as a challenging portrait of early modern and modern world history seen through the lens of the law of nations. The book includes the first complete bibliography of Alexandrowicz's writings and the first biographical and critical introduction to his life and works. It reveals the formative influence of his Polish roots and early work on canon law for his later scholarship undertaken in Madras (1951-61) and Sydney (1961-67) and the development of his thought regarding sovereignty, statehood, self-determination, and legal personality, among many other topics still of urgent interest to international lawyers, political theorists, and global historians.

Treaty Interpretation

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Publisher : Oxford University Press, USA
ISBN 13 : 0199669236
Total Pages : 577 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Treaty Interpretation by : Richard K. Gardiner

Download or read book Treaty Interpretation written by Richard K. Gardiner and published by Oxford University Press, USA. This book was released on 2015 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rules of treaty interpretation codified in the 'Vienna Convention on the Law of Treaties' now apply to virtually all treaties, in an international context as well as within national legal systems, where treaties have an impact on a large and growing range of matters. The rules of treaty interpretation differ somewhat from typical rules for interpreting legal instruments and legislation within national legal systems. Lawyers, administrators, diplomats, and officials at international organisations are increasingly likely to encounter issues of treaty interpretation which require not only knowledge of the relevant rules of interpretation, but also how these rules have been, and are to be, applied in practice. Since the codified rules of treaty interpretation came into decree, there is a considerable body of case-law on their application. This case-law, combined with the history and analysis of the rules of treaty interpretation, provides a basis for understanding this most important task in the application of treaties internationally and within national systems of law. Any lawyer who ever has to consider international matters, and increasingly any lawyer whose work involves domestic legislation with any international connection, is at risk nowadays of encountering a treaty provision which requires interpretation, whether the treaty provision is explicitly in issue or is the source of the relevant domestic legislation. This fully updated new edition features case law from a broader range of jurisdictions, and an account of the work of the International Law Commission in its relation to interpretative declarations. This book provides a guide to interpreting treaties properly in accordance with the modern rules.

Modern Treaty Law and Practice

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Publisher : Cambridge University Press
ISBN 13 : 1139467840
Total Pages : 611 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Modern Treaty Law and Practice by : Anthony Aust

Download or read book Modern Treaty Law and Practice written by Anthony Aust and published by Cambridge University Press. This book was released on 2007-10-18 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the publication of its first edition, this textbook was welcomed as the definitive study of treaty law written from the viewpoint of an experienced practitioner. As with the first, this edition aims to provide the student and practitioner with a full understanding of the law and updates existing information and refines previous arguments. New to its scope of examination is the study of the use of memorandums of understanding (MOUs) in litigation, the treaty-making capacity of entities such as the Vatican, Taiwan and Palestine, and the effect of hostilities on treaties. Given their increasing importance, there is also a new chapter on international organisations, including an attempt to explain the sometimes baffling roles in treaty-making played by the European Community and European Union. Students and practitioners alike will find this an invaluable guide to this increasingly important subject.

Decoding Chinese Bilateral Investment Treaties

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Publisher : Cambridge University Press
ISBN 13 : 1108490980
Total Pages : 371 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Decoding Chinese Bilateral Investment Treaties by : Shen Wei

Download or read book Decoding Chinese Bilateral Investment Treaties written by Shen Wei and published by Cambridge University Press. This book was released on 2021-08-26 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensively investigate key characteristics, evolutionary path, driving forces, interpreting methodologies, and some missing puzzles of Chinese BITs.

Treaty Ports in Modern China

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Publisher : Routledge
ISBN 13 : 1317266285
Total Pages : 277 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Treaty Ports in Modern China by : Robert Bickers

Download or read book Treaty Ports in Modern China written by Robert Bickers and published by Routledge. This book was released on 2016-05-20 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a wide range of new research on the Chinese treaty ports – the key strategic places on China’s coast where in the late nineteenth and twentieth centuries various foreign powers controlled, through "unequal treaties", whole cities or parts of cities, outside the jurisdiction of the Chinese authorities. Topics covered include land and how it was acquired, the flow of people, good and information, specific individuals and families who typify life in the treaty ports, and technical advances, exploration, and innovation in government.