General Exception Clauses In International Investment Law

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General Exception Clauses in International Investment Law

Author : Levent Sabanogullari
Publisher : Nomos Verlagsgesellschaft
ISBN 13 : 9783848749836
Total Pages : 0 pages
Book Rating : 4.7/5 (498 download)

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Book Synopsis General Exception Clauses in International Investment Law by : Levent Sabanogullari

Download or read book General Exception Clauses in International Investment Law written by Levent Sabanogullari and published by Nomos Verlagsgesellschaft. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first comprehensive monography dedicated to general exception clauses in international investment law. The inclusion of these clauses in investment contracts is a reaction to the severe doubts about the legitimacy of international investment law. They seek to strike a more equitable balance between investment protection and non-economic objectives, such as the protection of public health. Based on an empirical study on the prevalence of these clauses in current contract practice, it sheds light on the origins of these clauses in world trade law and offers an explanation for their notable omission in early investment contracts. After discussing the advantages and risks of general exceptions in investment law, it highlights their potential future interpretation by arbitral tribunals. Finally, the study analyses the interplay between general exceptions and selected standards of protection, such as the prohibition of expropriation and the standard of fair and equitable treatment.

The WTO and International Investment Law

Author : Jürgen Kurtz
Publisher : Cambridge University Press
ISBN 13 : 1107009707
Total Pages : 327 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The WTO and International Investment Law by : Jürgen Kurtz

Download or read book The WTO and International Investment Law written by Jürgen Kurtz and published by Cambridge University Press. This book was released on 2016-01-25 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jürgen Kurtz provides a theoretically grounded and doctrinally tractable framework to understand the relationship between international trade and investment law.

Prospects in International Investment Law and Policy

Author : Roberto Echandi
Publisher : Cambridge University Press
ISBN 13 : 1107035864
Total Pages : 495 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Prospects in International Investment Law and Policy by : Roberto Echandi

Download or read book Prospects in International Investment Law and Policy written by Roberto Echandi and published by Cambridge University Press. This book was released on 2013-04-18 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addresses the most central debates in contemporary investment law and policy.

General International Law in International Investment Law

Author : Andreas Kulick
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.

Sustainable Development in World Investment Law

Author : Marie-Claire Cordonier Segger
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131663
Total Pages : 978 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Sustainable Development in World Investment Law by : Marie-Claire Cordonier Segger

Download or read book Sustainable Development in World Investment Law written by Marie-Claire Cordonier Segger and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 978 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sustainable development, as defined by the World Commission on Environment and Development, is "development that meets the needs of the present without compromising the ability of future generations to meet their own needs." More specifically, sustainable development is a process of change that seeks to improve the collective quality of life by focusing on economically, socially, and environmentally sound projects that are viable in the long-term. Sustainable development requires structural economic change and the foundation of that change is investment. In developing nations with low levels of domestic savings, investment predictably comes from abroad in the form of foreign direct investment. A large and ever expanding number of international investment agreements are in place to govern these transactions. While these accords seek to foster development while mitigating the risk involved in these types investments, many questions remain unresolved. This highly insightful book reflects the contributions of a variety of world renowned experts each of which is designed to provide the reader with valuable perspective on recent developments in investment law negotiations and jurisprudence from a sustainable development law perspective. It offers answers to pertinent questions concerning advancements in investment law, including the negotiation of numerous regional and bilateral agreements as well as the increasing number of disputes resolved in the World Bank's International Centre for the Settlement of Investment Disputes (ICSID), from different developed and developing country perspectives. It lays out future directions for new treaty negotiations and dispute settlement proceedings, as well as ongoing investment promotion efforts, against a background of rapidly evolving international relationships between economic, environment and development law. It focuses on key issues in investment laws which have emerged as priorities in the negotiation of bilateral and regional investment agreements, and have been clarified through recent decisions of the ICSID and other arbitral panel awards.

International Investment Law

Author : Tarcisio Gazzini
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.

International Investment Law

Author : Arnaud de Nanteuil
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.

Looking to the Future

Author : Mahnoush H. Arsanjani
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004173617
Total Pages : 1119 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Looking to the Future by : Mahnoush H. Arsanjani

Download or read book Looking to the Future written by Mahnoush H. Arsanjani and published by Martinus Nijhoff Publishers. This book was released on 2010-10-25 with total page 1119 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout his career, Michael Reisman emphasized law’s function in shaping the future. In this wide-ranging collection of essays, major thinkers in the international legal field address the goals of the twenty-first century and how international law can address the needs of the world community.

Elgar Encyclopedia of International Economic Law

Author : Thomas Cottier
Publisher :
ISBN 13 : 9781784713539
Total Pages : 0 pages
Book Rating : 4.7/5 (135 download)

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Book Synopsis Elgar Encyclopedia of International Economic Law by : Thomas Cottier

Download or read book Elgar Encyclopedia of International Economic Law written by Thomas Cottier and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Organized thematically rather than alphabetically, the subject is split into four principal sections: the foundations and architecture of international economic law, its principles, its main regulatory areas, and the future challenges that it faces. Comprising over 250 entries..., traditional international economic law subject matter is supplemented by coverage of newly developing areas. Thus, the concepts and rules of trade, investment, finance and international tax law are found alongside entries discussing the relationship of international economic law with environmental protection, social standards, development, and human rights."--

International Investment Law in Context

Author : August Reinisch
Publisher : Eleven International Publishing
ISBN 13 : 9077596488
Total Pages : 217 pages
Book Rating : 4.0/5 (775 download)

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Book Synopsis International Investment Law in Context by : August Reinisch

Download or read book International Investment Law in Context written by August Reinisch and published by Eleven International Publishing. This book was released on 2008 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last decade, international investment law has developed into one of the core areas of international law. The reason for this development is twofold. The number of cases has increased rapidly. The International Centre for Settlement of Investment Disputes has over a hundred pending cases and there are more before ad hoc tribunals, mostly operating under the United Nations' Commission on International Trade Law Rules. In addition, investment law has addressed a number of novel issues while also coming up with some innovative solutions. This book brings together the papers delivered at the Young Scholars Conference in International Economic Law, which was held at the University of Vienna Law School in June 2007. Under the general topic of "Current Issues and Developments in International Investment Law," the speakers addressed core issues like the definition of investment, legitimate expectations of investors, and the meaning and importance of references to domestic law included in many Bilateral Investment Treaties. Also discussed were topics like the role of investment law in the context of the European Union and its relation to cultural matters, human rights, and other non-investment issues. As international investment law is becoming more and more significant, a book such as this, dedicated to the latest developments in the field, will be of utmost importance to anyone interested in this area of law.

International Investment Law: Understanding Concepts and Tracking Innovations A Companion Volume to International Investment Perspectives

Download International Investment Law: Understanding Concepts and Tracking Innovations A Companion Volume to International Investment Perspectives PDF Online Free

Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264042032
Total Pages : 344 pages
Book Rating : 4.2/5 (64 download)

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Book Synopsis International Investment Law: Understanding Concepts and Tracking Innovations A Companion Volume to International Investment Perspectives by : OECD

Download or read book International Investment Law: Understanding Concepts and Tracking Innovations A Companion Volume to International Investment Perspectives written by OECD and published by OECD Publishing. This book was released on 2008-03-14 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive source of information on four key issues: the definition of investor and investment; the interpretation of umbrella clauses in investment agreements; coverage of environmental, labour and anti-corruption issues; and the interaction between investment and services chapters in RTAs.

International Investment Law and Comparative Public Law

Author : Stephan W. Schill
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.

Principles of International Investment Law

Author : Rudolf Dolzer
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.

International Investment Law and the Right to Regulate

Author : Lone Wandahl Mouyal
Publisher : Routledge
ISBN 13 : 1317408020
Total Pages : 283 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis International Investment Law and the Right to Regulate by : Lone Wandahl Mouyal

Download or read book International Investment Law and the Right to Regulate written by Lone Wandahl Mouyal and published by Routledge. This book was released on 2016-03-10 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book considers the ways in which the international investment law regime intersects with the human rights regime, and the potential for clashes between the two legal orders. Within the human rights regime states may be obligated to regulate, including a duty to adopt regulation aiming at improving social standards and conditions of living for their population. Yet, states are increasingly confronted with the consequences of such regulation in investment disputes, where investors seek to challenge regulatory interferences for example in expropriation claims. Regulatory measures may for instance interfere with the investment by imposing conditions on investors or negatively affecting the value of the investment. As a consequence, investors increasingly seek to challenge regulatory measures in international investment arbitration on the basis of a bilateral investment treaty. This book sets out the nature and the scope of the right to regulate in current international investment law. The book examines bilateral investment treaties and ICSID arbitrations looking at the indicative parameters that are granted weight in practice in expropriation claims delimiting compensable from non-compensable regulation. The book places the potential clash between the right to regulate and international investment law within a theoretical framework which describes the stability-flexibility dilemma currently inherent within international law. Lone Wandahl Mouyal goes on to set out methods which could be employed by both BIT-negotiators and adjudicators of investment disputes, allowing states to exercise their right to regulate while at the same time providing investors with legal certainty. The book serves as a valuable tool, an added perspective, for academics as well as for practitioners dealing with aspects of international investment law.

The Public International Law Regime Governing International Investment

Author : José E. Alvarez
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004186824
Total Pages : 505 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Public International Law Regime Governing International Investment by : José E. Alvarez

Download or read book The Public International Law Regime Governing International Investment written by José E. Alvarez and published by Martinus Nijhoff Publishers. This book was released on 2011-07-20 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph considers the ramifications of the legal regime that governs transborder capital flows. This regime consists principally of a network of some 3,000 investment treaties, as well as a growing body of arbitral decisions. Professor Alvarez contends that the contemporary international investment regime should no longer be described as a species of territorial “empire” imposed by rich capital exporters on capital importers. He examines the evolution of investment treaties and investor-State jurisprudence constante and identifies the connections between these and general trends within public international law, including the increased resort to treaties (“treatification”), growing risks to the law’s consistency (“fragmentation”), and the proliferation of forms of international adjudication (“judicialization”). Professor Alvarez also considers whether the regime’s efforts to “balance” the needs of non-State investors and sovereigns ought to be characterized as “global administrative law”, as a form of “constitutionalization”, or as an increasingly human-rights-centred enterprise.

Shifting Paradigms in International Investment Law

Author : Steffen Hindelang
Publisher : Oxford University Press
ISBN 13 : 0191058289
Total Pages : 497 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Shifting Paradigms in International Investment Law by : Steffen Hindelang

Download or read book Shifting Paradigms in International Investment Law written by Steffen Hindelang and published by Oxford University Press. This book was released on 2016-01-22 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.

Scope Limitation Or Affirmative Defence? The Purpose and Role of Investment Treaty Exception Clauses

Author : Caroline Henckels
Publisher :
ISBN 13 :
Total Pages : 11 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Scope Limitation Or Affirmative Defence? The Purpose and Role of Investment Treaty Exception Clauses by : Caroline Henckels

Download or read book Scope Limitation Or Affirmative Defence? The Purpose and Role of Investment Treaty Exception Clauses written by Caroline Henckels and published by . This book was released on 2018 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite their increasing popularity in recently concluded investment treaties and investment chapters in comprehensive economic agreements, the structural status of exception clauses is not well understood. Inconsistent interpretations of exception clauses by investment tribunals and annulment committees has created uncertainty about the nature of states' treaty commitments to foreign investors and manner in which exceptions to those commitments should be dealt with in investor-state dispute settlement. This chapter addresses two related questions: (1) whether exceptions ought to be understood as limiting the scope of the substantive investment obligations such that those obligations do not apply to measures that come within the exception, or whether exceptions are affirmative defences that operate to justify what would otherwise be prohibited by the treaty; and (2) the related question of the relationship between security and public order exceptions and the defence of necessity at customary international law--in particular, whether such clauses are lex specialis manifestations of the defence between the treaty parties. The paper reaches two general conclusions as to the status of exception clauses, subject always to the text of the provision being interpreted: that exceptions should be understood as limiting the scope of the treaty obligations, rather than operating as affirmative defences, and that as such, that security exceptions are conceptually distinct from the customary defence of necessity. These conclusions have practical implications for the allocation of the burden of proof, and raise questions about the coherence between international investment law and WTO law.