International Investment Protection of Global Banking and Finance

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403535628
Total Pages : 616 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis International Investment Protection of Global Banking and Finance by : Arif H. Ali

Download or read book International Investment Protection of Global Banking and Finance written by Arif H. Ali and published by Kluwer Law International B.V.. This book was released on 2021-09-14 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global banking and finance is a complex and specialized field with sector-specific investment forms, subject to distinctive legal and regulatory frameworks and unique types of political risk. This comprehensive guide to international investment protection in the finance and banking sector, written by acknowledged experts in the field of investor-State arbitration, provides the first in-depth discussion of how international investment law applies to investors and investments in the sector. Featuring expert guidance on the key legal protections for cross-border banking and finance investments, with complete and up-to-date coverage of investor-State cases, the analysis crystallizes a set of field-specific legal principles for the sector. In particular, the authors address the following practical aspects of investment protection in the banking and finance sector: how sector-specific forms of investment, such as loans and derivatives, impact the dispute resolution process; types of political risk that cross-border investments in the sector are likely to encounter; distinctive adverse sovereign measures that underlie disputes in the sector, including those from sovereign debt defaults and banking sector bailouts; specific treaty provisions, such as jurisdictional carve-outs and targeted exclusions; remedies available for violations of international investment protections; how monetary damages may be assessed for injury to banking and finance sector investments; the scope of financial services chapters included in certain free trade agreements; the protections available under domestic foreign investment laws; and alternative sources of protection such as political risk insurance and investment contracts. International disputes practitioners and academics, in-house counsel in the finance and banking industries, and arbitrators addressing banking and finance disputes will welcome this book for its practical guidance. With strategies for investors as well as for sovereign States to navigate the intricacies of the investment protection system, the authors’ comprehensive analysis will help ensure appropriate international protection for banking and finance sector investments, both when establishing investments and when resolving disputes. The book lays the groundwork for the future consolidation of international investment protection as a critical tool to manage the political risk confronting global banking and finance.

International Protection of Investments

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108882706
Total Pages : 1633 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis International Protection of Investments by : August Reinisch

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 1633 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.

Full Protection and Security in International Investment Law

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Author :
Publisher : Springer Nature
ISBN 13 : 3030248380
Total Pages : 698 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Full Protection and Security in International Investment Law by : Sebastián Mantilla Blanco

Download or read book Full Protection and Security in International Investment Law written by Sebastián Mantilla Blanco and published by Springer Nature. This book was released on 2019-10-24 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive study of the standard of ‘full protection and security’ (FPS) in international investment law. Ever since the Germany-Pakistan BIT of 1959, almost every investment agreement has included an FPS clause. FPS claims refer to the most diverse factual settings, from terrorist attacks to measures concerning concession contracts. Still, the FPS standard has received far less scholarly attention than other obligations under international investment law. Filling that gap, this study examines the evolution of FPS from its medieval roots to the modern age, delimits the scope of FPS in customary international law, and analyzes the relationship between FPS and the concept of due diligence in the law of state responsibility. It additionally explores the interpretation and application of FPS clauses, drawing particular attention to the diverse wording used in investment treaties, the role ascribed to custom, and the interplay between FPS and other treaty-based standards. Besides delivering a detailed analysis of the FPS standard, this book also serves as a guide to the relevant sources, providing an overview of numerous legal instruments, examples of state practice, arbitral decisions, and related academic publications about the standard.

Protection of Legitimate Expectations in Investment Treaty Arbitration

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108474284
Total Pages : 309 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Protection of Legitimate Expectations in Investment Treaty Arbitration by : Teerawat Wongkaew

Download or read book Protection of Legitimate Expectations in Investment Treaty Arbitration written by Teerawat Wongkaew and published by Cambridge University Press. This book was released on 2019-02-14 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the philosophical foundation of legitimate expectations to create a normative framework for use in investment treaty arbitration

The Protection of Intellectual Property Rights Under International Investment Law

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Author :
Publisher : Oxford International Arbitrati
ISBN 13 : 9780198712268
Total Pages : 360 pages
Book Rating : 4.7/5 (122 download)

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Book Synopsis The Protection of Intellectual Property Rights Under International Investment Law by : Simon Klopschinski

Download or read book The Protection of Intellectual Property Rights Under International Investment Law written by Simon Klopschinski and published by Oxford International Arbitrati. This book was released on 2020-07-14 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, foreign direct investment (FDI) has played an increasingly significant role in world economic activity and development. In economic terms, the accumulated stock of FDI and its generation of commercial activity by foreign affiliates have made FDI comparatively more important than international trade in goods and services. While FDI has experienced long-term steady growth until the recent financial crisis, another powerful trend has been transforming an important part of modern economies: these economies are becoming predominantly 'conceptual', reflecting the vital role of ideas in common and highly valued products and services, and shifting the emphasis in asset valuation from physical to intellectual property (IP). As this trend continues, a similar change can be observed in FDI: foreign investments are reflecting an increasing concentration of intellectual capital invested in knowledge goods protected by intellectual property rights. Thus, IP rights have never been more economically and politically important or controversial than they are today. There have long been international treaties that protect IP, but in recent years other international treaties have come into being that protect IP rights along with other property rights. These treaties include various international investment agreements (IIAs), which regard IP rights as a protected investment. This book will analyse the standards of treatment and protection enshrined in IIAs for IP rights, with reference to topics such as the fragmentation of international law; investor-host-state dispute resolution; investors and investments; relative standards of treatment (such as most favoured nation); absolute standards of treatment (such as fair and equitable treatment); and expropriation. Since many questions regarding the relevance of IIA for IP rights have not been decided yet by investment tribunals, this lack of practice will be addressed by the analysis of hypothetical cases based on actual cases decided by other adjudicating bodies in different legal contexts, such the European Court of Human Rights or the European Court of Justice. Pending proceedings such as Philip Morris and Eli Lilly will also be discussed.

The Protection of Foreign Investment in Times of Armed Conflict

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192566059
Total Pages : 272 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Protection of Foreign Investment in Times of Armed Conflict by : Jure Zrilic

Download or read book The Protection of Foreign Investment in Times of Armed Conflict written by Jure Zrilic and published by Oxford University Press. This book was released on 2019-10-17 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign investors often sustain injuries during violent situations, such as riots, revolutions, civil wars, and international armed conflicts. There is a great deal of uncertainty about how effective investment treaty protections are in volatile times, how they relate to other applicable legal frameworks, and how they affect the state security policy and the post-conflict transition to peace. This book explores how foreign investment is protected in times of armed conflict under the investment treaty regime. It does so by combining insights from different areas of international law, including international investment law, international humanitarian law, international human rights law, the law of state responsibility, and the law of treaties. While the protections have evolved over time, with the investment treaty regime providing the strongest legal framework for protecting investors yet, there has been an apparent shift in treaty practice towards safeguarding a state's security interests. Jure Zrilic identifies and analyses the flaws in the existent normative framework, but also highlights the potential that investment treaties have for minimising the devastating effects of armed conflict. The book offers an analytical framework for assessing the investment treaty regime in times of armed conflict, distinguishing between different paradigms and different types of conflicts. Crucially, he argues that a new approach is needed to appropriately balance the competing interests of host states and investors when it comes to investment protection in armed conflicts.

Harnessing Foreign Investment to Promote Environmental Protection

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Publisher : Cambridge University Press
ISBN 13 : 1107328640
Total Pages : 499 pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Harnessing Foreign Investment to Promote Environmental Protection by : Pierre-Marie Dupuy

Download or read book Harnessing Foreign Investment to Promote Environmental Protection written by Pierre-Marie Dupuy and published by Cambridge University Press. This book was released on 2013-03-14 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: Harnessing Foreign Investment to Promote Environmental Protection investigates the main challenges facing the implementation of environmental protection and the synergies between foreign investment and environmental protection. Adopting legal, economic and political perspectives, the contributing authors analyse the various incentives which encourage foreign investment into pro-environment projects (such as funds, project-finance, market mechanisms, payments-for-ecosystem services and insurance) and the safeguards against its potentially harmful effects (investment regulation, CSR and accountability mechanisms, contracts and codes of conduct).

The Insured Portfolio

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Publisher : John Wiley & Sons
ISBN 13 : 0470875682
Total Pages : 258 pages
Book Rating : 4.4/5 (78 download)

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Book Synopsis The Insured Portfolio by : Erika Nolan

Download or read book The Insured Portfolio written by Erika Nolan and published by John Wiley & Sons. This book was released on 2010-07-16 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: How to safely, easily, and as tax efficiently as possible diversify and hedge against the dollar’s fall It's no secret–the U.S. economy is in crisis mode, threatening everything from personal savings to our overall prosperity as a nation. Panicking is not the answer. Having a clear game plan is. In this environment, investors must protect themselves from the immense financial uncertainties they face as a saver or an investor in the 21st Century. Investors need solid information about ways to recession-proof their retirement and investment portfolios. The Insured Portfolio offers that guidance revealing the major financial threats the 21st Century Saver and Investor faces and showing them how to build a strong portfolio and protect their assets. Written in smart, engaging prose, the book: Details ways to invest overseas, and specifically–how to use international private placement policies as a way to protect assets and reduce taxes Provides investors with the tips and tools needed to profit overseas with insurance, including how to bypass the international restrictions often used to keep investors from seeking opportunities in other countries For those seeking customized asset protection, a dollar hedge, global investment diversification, tax privileged growth and estate planning, there is not another single solution on the market today that can achieve all of these objectives at once better than The Insured Portfolio.

Investment Law within International Law

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Publisher : Cambridge University Press
ISBN 13 : 1107434912
Total Pages : 569 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis Investment Law within International Law by : Freya Baetens

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.

Investment Protection in Brazil

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Publisher :
ISBN 13 : 9789041149619
Total Pages : 0 pages
Book Rating : 4.1/5 (496 download)

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Book Synopsis Investment Protection in Brazil by : Daniel de Andrade Levy

Download or read book Investment Protection in Brazil written by Daniel de Andrade Levy and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Showing unambiguously that Brazil in fact enjoys a stable legal system which grants foreign direct investment the same material and procedural rights as national direct investment, the contributors to this book provide a truly informative and useful guide for those who work with law and policy in international investment."--Publisher's website

Strategies for Protecting Wealth

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Publisher : McGraw Hill Professional
ISBN 13 : 0071631356
Total Pages : 386 pages
Book Rating : 4.0/5 (716 download)

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Book Synopsis Strategies for Protecting Wealth by : Darrell Aviss

Download or read book Strategies for Protecting Wealth written by Darrell Aviss and published by McGraw Hill Professional. This book was released on 2006-11-24 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Safeguard your portfolio legitimately and with minimal risk Strategies for Wealth Protection is a complete roadmap to every legitimate option for asset protection. International wealth protection expert Darrell Aviss gives you powerful new strategies for safely and legally building and protecting your assets from seizure by potential creditors, future lawsuits, former spouses and a host of other unforeseen threats. Highlighting key issues such as choosing the right products for privacy, liquidity, currency switching, and ownership rights, this user-friendly guide discusses the advantages and disadvantages of tested and proven wealth protection strategies. From the explanation of different entities to the basic tenants of investment risk management, you'll learn how to implement your personal asset protection plan before any crisis arises. This breakthrough guide reveals: The three factors you must consider when protecting your wealth How an academic approach to structuring an investment portfolio improves asset protection 13 criteria for identifying benefits and pitfalls of asset protection options Why you should include foreign currency-backed investments in your risk management strategy Dos and don'ts of investing strategies for specific countries, such as Switzerland, Liechtenstein and others The gold standard of all asset protection vehicles

The Trouble with Foreign Investor Protection

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Publisher : Oxford University Press
ISBN 13 : 0192635913
Total Pages : 225 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis The Trouble with Foreign Investor Protection by : Gus Van Harten

Download or read book The Trouble with Foreign Investor Protection written by Gus Van Harten and published by Oxford University Press. This book was released on 2020-10-30 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Governments are rightly discussing reform of investment treaties, and of the incredibly powerful system of 'investor-state dispute settlement' (ISDS) upon which they rest. At their core, ISDS treaties are flawed because they very firmly institute wealth-based inequality under international law. In this book, Van Harten explores these claims in the light of the history of early ISDS treaties showing their ties to decolonization and, at times, extreme violence and authoritarianism. Focusing on early ISDS lawsuits and rulings, it is revealed how a small group of lawyers and arbitrators worked to create the legal foundations for massive growth of ISDS since 2000. ISDS-based protections are examined in detail to demonstrate how they give exceptional advantages to the wealthy. Various examples are also offered of how the protections have been used to reconfigure state decision-making and shift sovereign minds in favour of foreign investors. Lastly, the ongoing efforts of governments to reform ISDS are surveyed, with a call to go further or, best of all, to withdraw from the treaties. This book is essential reading for anyone wanting to know more about the shady world of investment protection.

Investment Protection and the Energy Charter Treaty

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Author :
Publisher : Juris Publishing, Incorporated
ISBN 13 :
Total Pages : 408 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Investment Protection and the Energy Charter Treaty by : Graham Coop

Download or read book Investment Protection and the Energy Charter Treaty written by Graham Coop and published by Juris Publishing, Incorporated. This book was released on 2008 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Standards of Investment Protection

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Publisher : Oxford University Press
ISBN 13 : 0199547432
Total Pages : 301 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Standards of Investment Protection by : August Reinisch

Download or read book Standards of Investment Protection written by August Reinisch and published by Oxford University Press. This book was released on 2008 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the standards of treatment, demanded from host states, that form the basis of contemporary international investment protection. Practitioners and academics analyse the interpretation of core standards in arbitration proceedings, and present the emerging judicial consensus shaping their practical application.

Asset Protection for Real Estate Investors

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Publisher :
ISBN 13 : 9780979786013
Total Pages : 236 pages
Book Rating : 4.7/5 (86 download)

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Book Synopsis Asset Protection for Real Estate Investors by : Clint Coons

Download or read book Asset Protection for Real Estate Investors written by Clint Coons and published by . This book was released on 2009-11 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book cuts through the confusion that pervades today's real estate investor's understanding of asset protection. It provides in-depth, easy to understand analysis of different asset protection entities as they relate to real estate investing.

The Three Colors of Money

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Publisher :
ISBN 13 : 9781683505693
Total Pages : 175 pages
Book Rating : 4.5/5 (56 download)

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Book Synopsis The Three Colors of Money by : Douglas A. Clancy

Download or read book The Three Colors of Money written by Douglas A. Clancy and published by . This book was released on 2018-11-27 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protection With Power cuts through the financial industry's fog of misinformation, making it clear that anyone can understand investing, and can keep their money safe--without paying outrageous fees to do so.

Modern Security Analysis

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Publisher : John Wiley & Sons
ISBN 13 : 1118603389
Total Pages : 496 pages
Book Rating : 4.1/5 (186 download)

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Book Synopsis Modern Security Analysis by : Martin J. Whitman

Download or read book Modern Security Analysis written by Martin J. Whitman and published by John Wiley & Sons. This book was released on 2013-05-07 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: A legendary value investor on security analysis for a modern era This book outlines Whitman's approach to business and security analysis that departs from most conventional security analysts. This approach has more in common with corporate finance than it does with the conventional approach. The key factors in appraising a company and its securities: 1) Credit worthiness, 2) Flows—both cash and earnings, 3) Long-term outlook, 4) Salable assets which can be disposed of without compromising the going concern, dynamics, 5) Resource conversions such as changes in control, mergers and acquisitions, going private, and major changes in assets or in liabilities, and 6) Access to capital. Offers the security analysis value approach Martin Whitman has used successfully since 1986 Details Whitman's unconventional approach to security analysis and offers information on the six key factors for appraising a company Contains the three most overemphasized factors used in conventional securities investing Written by Martin J. Whitman and Fernando Diz, Modern Security Analysis meets the challenge of today's marketplace by taking into account changes to regulation, market structures, instruments, and the speed and volume of trading.