International Investment Protection And Constitutional Law

Download International Investment Protection And Constitutional Law full books in PDF, epub, and Kindle. Read online International Investment Protection And Constitutional Law ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

International Investment Law and Constitutional Law

Author : Stephan W. Schill
Publisher : Edward Elgar Publishing
ISBN 13 : 9781839100413
Total Pages : 0 pages
Book Rating : 4.1/5 (4 download)

DOWNLOAD NOW!

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

Download or read book International Investment Law and Constitutional Law written by Stephan W. Schill and published by Edward Elgar Publishing. This book was released on 2022-11-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a conceptual framework that captures not only the tensions between constitutional values that are common to liberal democracies - human rights, democracy, and the rule of law - and the investment treaty regime, but also the potential for co-existence and complementarity. Contributions from leading experts in the field address how different systems of constitutional law interact with the investment treaty regime. Chapters provide a detailed overview of the various forms of interaction, and critically engage with the competing claims for supremacy that constitutional law and international investment law formulate. The book also addresses the reactions within the investment treaty regime to the demands formulated by constitutional law, in particular the use of constitutional analogies to understand international investment law and investor-state dispute settlement. Investigating the leading questions and issues surrounding this growing topic, this book will be an ideal read for students and scholars interested in financial, economic, and international law. Practitioners of constitutional law will also benefit from this innovative book.

Constitutional Review and International Investment Law

Author : David Schneiderman
Publisher : Oxford University Press
ISBN 13 : 0198885563
Total Pages : 273 pages
Book Rating : 4.1/5 (988 download)

DOWNLOAD NOW!

Book Synopsis Constitutional Review and International Investment Law by : David Schneiderman

Download or read book Constitutional Review and International Investment Law written by David Schneiderman and published by Oxford University Press. This book was released on 2024-07-18 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are courts resisting the rise of legal limitations to state action caused by investment treaty commitments? This book pioneers a unique analysis of both investment law and comparative constitutional law by examining how a selection of the highest courts around the world have addressed this potential discord.

State Liability in Investment Treaty Arbitration

Author : Santiago Montt
Publisher : Bloomsbury Publishing
ISBN 13 : 1847315488
Total Pages : 460 pages
Book Rating : 4.8/5 (473 download)

DOWNLOAD NOW!

Book Synopsis State Liability in Investment Treaty Arbitration by : Santiago Montt

Download or read book State Liability in Investment Treaty Arbitration written by Santiago Montt and published by Bloomsbury Publishing. This book was released on 2009-11-30 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today there are more than 2,500 bilateral investment treaties (BITs) around the world. Most of these investment protection treaties offer foreign investors a direct cause of action to claim damages against host-states before international arbitral tribunals. This procedure, together with the requirement of compensation in indirect expropriations and the fair and equitable treatment standard, have transformed the way we think about state liability in international law. We live in the BIT generation, a world where BITs define the scope and conditions according to which states are economically accountable for the consequences of regulatory change and administrative action. Investment arbitration in the BIT generation carries new functions which pose unprecedented normative challenges, such as the arbitral bodies established to resolve investor/state disputes defining the relationship between property rights and the public interest. They also review state action for arbitrariness, and define the proper tests under which that review should proceed. State Liability in Investment Treaty Arbitration is an interdisciplinary work, aimed at academics and practitioners, which focuses on five key dimensions of BIT arbitration. First, it analyses the past practice of state responsibility for injuries to aliens, placing the BIT generation in historical perspective. Second, it develops a descriptive law-and-economics model that explains the proliferation of BITs, and why they are all worded so similarly. Third, it addresses the legitimacy deficits of this new form of dispute settlement, weighing its potential advantages and democratic shortfalls. Fourth, it gives a comparative overview of the universal tension between property rights and the public interest, and the problems and challenges associated with liability grounded in illegal and arbitrary state action. Finally, it presents a detailed legal study of the current state of BIT jurisprudence regarding indirect expropriations and the fair and equitable treatment clause.

Shifting Paradigms in International Investment Law

Author : Steffen Hindelang
Publisher : Oxford University Press
ISBN 13 : 0191058289
Total Pages : 430 pages
Book Rating : 4.1/5 (91 download)

DOWNLOAD NOW!

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 2016-01-21 with total page 430 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.

Human Rights in International Investment Law and Arbitration

Author : Pierre-Marie Dupuy
Publisher : Oxford University Press
ISBN 13 : 0199578184
Total Pages : 646 pages
Book Rating : 4.1/5 (995 download)

DOWNLOAD NOW!

Book Synopsis Human Rights in International Investment Law and Arbitration by : Pierre-Marie Dupuy

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.

Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration

Author : Valentina Vadi
Publisher : Edward Elgar Publishing
ISBN 13 : 1785368583
Total Pages : 352 pages
Book Rating : 4.7/5 (853 download)

DOWNLOAD NOW!

Book Synopsis Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration by : Valentina Vadi

Download or read book Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration written by Valentina Vadi and published by Edward Elgar Publishing. This book was released on 2018-04-27 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is one of the most dynamic fields of international law, and yet it has been criticised for failing to strike a fair balance between private and public interests. In this valuable contribution to the current debate, Valentina Vadi examines the merits and pitfalls of arbitral tribunals’ use of the concepts of proportionality and reasonableness to review the compatibility of a state’s regulatory actions with its obligations under international investment law.

EU Human Rights, International Investment Law and Participation

Author : Vivian Kube
Publisher : Springer
ISBN 13 : 3030206076
Total Pages : 329 pages
Book Rating : 4.0/5 (32 download)

DOWNLOAD NOW!

Book Synopsis EU Human Rights, International Investment Law and Participation by : Vivian Kube

Download or read book EU Human Rights, International Investment Law and Participation written by Vivian Kube and published by Springer. This book was released on 2019-08-02 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates how human rights obligations of the EU foreign constitution can be operationalized in the realm of international economic regulation. The content is divided into three major parts. The first outlines the legal foundations needed for the EU to become a shaper of international investment law, which include the general principles and objectives of EU external policies, the Charter of Fundamental Rights, international human rights and the international investment competences of the EU. The second part demonstrates the current international investment regime’s incompatibility with human rights interests, while the third analyzes two mechanisms stemming from trade Law – ex-ante human rights impact assessments and civil society monitoring bodies – and explores whether they could mitigate the current inequalities in the protection of rights. The potential of these mechanisms, the book argues, lies in their capacity to ensure a comprehensive assessment of all interests at stake, and to empower traditionally marginalized rights-holders to make, shape and contest the international investment regime.

Global Public Interest in International Investment Law

Author : Andreas Kulick
Publisher : Cambridge University Press
ISBN 13 : 1107021766
Total Pages : 412 pages
Book Rating : 4.1/5 (7 download)

DOWNLOAD NOW!

Book Synopsis Global Public Interest in International Investment Law by : Andreas Kulick

Download or read book Global Public Interest in International Investment Law written by Andreas Kulick and published by Cambridge University Press. This book was released on 2012-07-12 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: Outlines a general theory of whether and how to include public interest concerns in the realm of international investment law.

Czech Yearbook of International Law - Rights of Host States within the System of International Investment Protection - 2011

Author : Alexander J. Bělohlávek
Publisher : Juris Publishing, Inc.
ISBN 13 : 1578233054
Total Pages : 432 pages
Book Rating : 4.5/5 (782 download)

DOWNLOAD NOW!

Book Synopsis Czech Yearbook of International Law - Rights of Host States within the System of International Investment Protection - 2011 by : Alexander J. Bělohlávek

Download or read book Czech Yearbook of International Law - Rights of Host States within the System of International Investment Protection - 2011 written by Alexander J. Bělohlávek and published by Juris Publishing, Inc.. This book was released on 2011-03-01 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the successful introduction in 2010 of the Czech Yearbook of International Law, Professor Alexander J. Bělohlávek and Professor Naděžda Rozehnalová, the editors, present the 2011 volume of this ambitious project. The second volume focuses on the admittedly controversial topics relating to a shift from the investors’ viewpoints on investment protection to the contrasting viewpoints of the host states, which are facing growing numbers of alleged claims by investors. Volume II has set as its objective to plot the shift in the paradigm towards a new balance between investors and host states in the investment protection system. Such a shift can be observed in the rising number of counterclaims brought by host states against investors, by the introduction of new standards for evaluation of investments in light of the good faith of the investor at the time of an investment, and by the choice of an absolute means of protection of a host state's interest against investor claims by termination of an existing investment treaty. These topics represent pieces of the whole mosaic of this problem, to which the second volume of the Czech Yearbook of International Law is dedicated to a wide professional audience. The Czech Yearbook of International Law (CYIL) is a collective effort by the following persons and institutions

International Investment Law

Author : Krista Nadakavukaren Schefer
Publisher : Edward Elgar Publishing
ISBN 13 : 178897722X
Total Pages : 597 pages
Book Rating : 4.7/5 (889 download)

DOWNLOAD NOW!

Book Synopsis International Investment Law by : Krista Nadakavukaren Schefer

Download or read book International Investment Law written by Krista Nadakavukaren Schefer and published by Edward Elgar Publishing. This book was released on 2020-02-28 with total page 597 pages. Available in PDF, EPUB and Kindle. Book excerpt: This up-to-date and revised third edition offers a clear and comprehensive overview aimed at upper-level undergraduate and postgraduate courses on international investment law. Key features and benefits include: • concise descriptions of legal principles followed by classic and contemporary cases • extracts from and analysis of key recent decisions, revised investment treaty texts and new court system proposals • detailed discussion notes and all new ‘Questions to an Expert’ to enable classroom discussion and facilitate critical reflection.

Investment Protection Standards and the Rule of Law

Author : August Reinisch
Publisher : Oxford University Press
ISBN 13 : 0192679805
Total Pages : 417 pages
Book Rating : 4.1/5 (926 download)

DOWNLOAD NOW!

Book Synopsis Investment Protection Standards and the Rule of Law by : August Reinisch

Download or read book Investment Protection Standards and the Rule of Law written by August Reinisch and published by Oxford University Press. This book was released on 2023-01-04 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thoughtfully edited volume brings together leading scholars in the field to explore the relationship between the substantive standards of treatment contained in international investment agreements and the rule of law, which is developing into one of the key principles which both supporters and critics use to evaluate the investment treaty regime. Investment Protection Standards and the Rule of Law explores two perspectives. Firstly, it examines to what extent the substantive standards of treatment can be understood as expressions of the rule of law. Secondly, it addresses the rule-of-law problems, or rule-of-law lacunae, that exist in, or are created by, the application of these standards. The subject matter is advanced by combining doctrinal analysis of the core substantive treatment standards, as well as normative assessment of those standards from the perspective of the rule of law. This book also offers a critical discussion of the potential the rule of law has as a guidepost for structuring international investment relations, as well as its blind spots.

Latin America and international investment law

Author : Sufyan Droubi
Publisher : Manchester University Press
ISBN 13 : 1526155060
Total Pages : 372 pages
Book Rating : 4.5/5 (261 download)

DOWNLOAD NOW!

Book Synopsis Latin America and international investment law by : Sufyan Droubi

Download or read book Latin America and international investment law written by Sufyan Droubi and published by Manchester University Press. This book was released on 2022-04-12 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latin America has been a complex laboratory for the development of international investment law. While some governments and non-state actors have remained true to the Latin American tradition of resistance towards the international investment law regime, other governments and actors have sought to accommodate said regime in the region. Consequently, a profusion of theories and doctrines, too often embedded in clashing narratives, has emerged. In Latin America, the practice of international investment law is the vivid amalgamation of the practice of governments sometimes resisting and sometimes welcoming mainstream approaches; the practice of lawyers assisting foreign investors from outside and within the region; and the practice of civil society, indigenous peoples and other actors in their struggle for human rights and sustainable development. Latin America and international investment law describes the complex roles that governments have played vis-à-vis foreign investors and investments; the refreshing but clashing forces that international organizations, corporations, civil society, and indigenous peoples have brought to the field; and the contribution that Latin America has made to the development of the theory and practice of international investment law, notably in fields in which the Latin American experience has been traumatic: human rights and sustainable development. Latin American scholars have been contributing to the theory of international investment law for over a century; resting on the shoulders of true giants, this volume aims at pushing this contribution a little further.

Resistance and Change in the International Law on Foreign Investment

Author : M. Sornarajah
Publisher : Cambridge University Press
ISBN 13 : 1316300552
Total Pages : 473 pages
Book Rating : 4.3/5 (163 download)

DOWNLOAD NOW!

Book Synopsis Resistance and Change in the International Law on Foreign Investment by : M. Sornarajah

Download or read book Resistance and Change in the International Law on Foreign Investment written by M. Sornarajah and published by Cambridge University Press. This book was released on 2015-04-16 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1990s, conflicts within international law on foreign investment have arisen as a result of several competing interests. The neoliberal philosophy ensured inflexible investment protection given by a network of investment treaties interpreted in an expansive manner, which led to states creating regulatory space over foreign investment. However, NGOs committed to single causes such as human rights and the environment protested against inflexible investment protection. The rise to prominence of arguments against the fragmentation of international law also affected the development of investment law as an autonomous regime. These factors have resulted in some states renouncing the system of arbitration and other states creating new treaties which undermine inflexible investment protection. The treaty-based system of investment protection has therefore become tenuous, and change has become inevitable. Emphasising the changes resulting from resistance to a system based on neoliberal foundations, this study looks at recent developments in the area.

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)

DOWNLOAD NOW!

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.

International Investment Law and EU Law

Author : Marc Bungenberg
Publisher : Springer Science & Business Media
ISBN 13 : 3642148557
Total Pages : 200 pages
Book Rating : 4.6/5 (421 download)

DOWNLOAD NOW!

Book Synopsis International Investment Law and EU Law by : Marc Bungenberg

Download or read book International Investment Law and EU Law written by Marc Bungenberg and published by Springer Science & Business Media. This book was released on 2011-01-18 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude of questions. This volume analyzes in depth the new “post-Lisbon situation” in the area of investment policy, provokes further discussion and offers new approaches.

Investors, States, and Arbitrators in the Crosshairs of International Investment Law and Environmental Protection

Author : Crina Baltag
Publisher : BRILL
ISBN 13 : 9004438270
Total Pages : 83 pages
Book Rating : 4.0/5 (44 download)

DOWNLOAD NOW!

Book Synopsis Investors, States, and Arbitrators in the Crosshairs of International Investment Law and Environmental Protection by : Crina Baltag

Download or read book Investors, States, and Arbitrators in the Crosshairs of International Investment Law and Environmental Protection written by Crina Baltag and published by BRILL. This book was released on 2020-07-27 with total page 83 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Investors, States, and Arbitrators in the Crosshairs of International Investment Law and Environmental Protection, Dr Crina Baltag and Ylli Dautaj look at the investor-State dispute settlement system and inquire whether this is the most suitable transnational venue for resolving investment disputes that have an environmental component.

International Investment Law and Comparative Public Law

Author : Stephan W. Schill
Publisher : OUP Oxford
ISBN 13 : 0199589100
Total Pages : 920 pages
Book Rating : 4.1/5 (995 download)

DOWNLOAD NOW!

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 OUP Oxford. This book was released on 2010-10-14 with total page 920 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.