The Fair and Equitable Treatment Standard in the International Law of Foreign Investment

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0199235066
Total Pages : 348 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis The Fair and Equitable Treatment Standard in the International Law of Foreign Investment by : Ioana Tudor

Download or read book The Fair and Equitable Treatment Standard in the International Law of Foreign Investment written by Ioana Tudor and published by Oxford University Press, USA. This book was released on 2008 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text analyses the conventional and customary framework of the fair and equitable treatment clauses commonly found in bilateral investment treaties (BITs) and charts how these clauses have become norms of customary international law.

Legal Treatment of Foreign Investment

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792325253
Total Pages : 492 pages
Book Rating : 4.3/5 (252 download)

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Book Synopsis Legal Treatment of Foreign Investment by : Ibrahim F. I. Shihata

Download or read book Legal Treatment of Foreign Investment written by Ibrahim F. I. Shihata and published by Martinus Nijhoff Publishers. This book was released on 1993-10-27 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporation law dates from the 19th century when the growth of business enterprise required a division between the private & the company sphere, making the company a legal person with its own rights, responsibilities & liabilities. The company was no longer the legal equivalent of its owner but became a separate legal entity, providing a form of legal protection for the owners, employees & the customers. The introduction of company law meant a great step forward for those engaged in big business in Europe, the U.S. & elsewhere.

Legal Treatment of Foreign Investment

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Publisher : BRILL
ISBN 13 : 9004637958
Total Pages : 486 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Legal Treatment of Foreign Investment by : Ibrahim F.I. Shihata

Download or read book Legal Treatment of Foreign Investment written by Ibrahim F.I. Shihata and published by BRILL. This book was released on 2023-12-04 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The treatment and taxation of foreign investment under international law

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Author :
Publisher : Manchester University Press
ISBN 13 : 1526171236
Total Pages : 361 pages
Book Rating : 4.5/5 (261 download)

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Book Synopsis The treatment and taxation of foreign investment under international law by : Fiona Beveridge

Download or read book The treatment and taxation of foreign investment under international law written by Fiona Beveridge and published by Manchester University Press. This book was released on 2022-12-20 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now available as an ebook for the first time, this 2000 title in the Melland Schill Studies in International Law series is an examination of key issues concerning the treatment of foreign investment and the taxation of investors. It looks at some of the challenges which globalization has thrown up for the international community from a legal perspective and sets developments alongside more traditional approaches. Particular attention is paid to the needs and aspirations of developing countries and the implications for them of free trade orthodoxy. After outlining the established framework of laws concerning investment protection and taxation, the author looks at experiences in the European Union and the North Atlantic Free Trade Agreement and at a range of disputes and legal developments to assess whether international legal regimes are responding adequately to meet the needs of states and investors alike. OECD initiatives on taxation and the aborted Multilateral Agreement on Investment negotiations are examined in conjunction with the relevant provisions of the World Trade Organization Agreements.

Foreign Investment, International Law and Common Concerns

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Author :
Publisher : Routledge
ISBN 13 : 1135071896
Total Pages : 434 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Foreign Investment, International Law and Common Concerns by : Tullio Treves

Download or read book Foreign Investment, International Law and Common Concerns written by Tullio Treves and published by Routledge. This book was released on 2013-10-23 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, transnational corporations, developed countries and private actors are broadening the boundaries of their investments into new territories, in search of a higher return on capital. This growth in direct foreign investment involves serious concerns for both the investor and host state. Various exponents of international civil society and non-governmental organisations persuasively claim that such growth in foreign investments constitutes potential and serious hazards both to the environment and the fundamental rights and freedoms of local populations. This book explores from an international law perspective the complex relationship between foreign investments and common concerns, i.e. values that do not coincide, or do not necessarily coincide, with the interests of the investor and of the host state. It pays particular attention to the role of the main international development banks in reconciling the needs of foreign investors with the protection of common concerns, such as the environment, human rights and labour rights. Among its collection of essays, the volume asks how much "regulatory space" investment law leaves; whether international investment law is an effective means of balancing contrasting interests, and whether investment arbitration currently constitutes a mechanism of global governance. In collecting the outlooks of various experts in human rights, environmental and international economic law, this book breaks new ground in exploring how attention to its legal aspects may help in navigating the relationship between foreign investment and common concerns. In doing so, the book provides valuable insights into the substantive issues and institutional aspects of international investment law.

The Three Laws of International Investment

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Publisher : OUP Oxford
ISBN 13 : 0191665304
Total Pages : 472 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Three Laws of International Investment by : Jeswald W. Salacuse

Download or read book The Three Laws of International Investment written by Jeswald W. Salacuse and published by OUP Oxford. This book was released on 2013-02-14 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investments are governed by three different legal frameworks: 1) national laws of both the host country and the investor's home country; 2) contracts, whether between the investor and the host country or among investors and their associates; and 3) international law, consisting of applicable treaties, customs, and general principles of law. Together, these three frameworks profoundly influence the organization, operation, and protection of foreign investments. Investors, government officials, and their legal counsel must therefore understand the complex interaction among these frameworks and how best to employ them to advance their interests. This book examines the content of each of these three legal frameworks for international investment and explores how they influence the foreign investment process and the nature of investment transactions, projects, and enterprises. The book is divided into five parts. Part I, after explaining the contemporary nature and significance of international investment, examines the theoretical and practical links between law and the investment process. Part II explores the nature of national laws regulating foreign investment. Part III considers of the various contractual frameworks for international investments, looking at their negotiation, content, and stability. Part IV sets out the international legal framework governing foreign investment, focusing on the content and nature of investment treaties and on general principles. Finally, Part V discusses how the three legal frameworks interact with each other. By comprehensively examining each of the applicable legal frameworks, this book provides a vital overview of the laws, rules, and regulations governing foreign investment for lawyers, scholars, students, and government officials.

Investment Treaties and the Legal Imagination

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Publisher : Oxford University Press, USA
ISBN 13 : 0198862148
Total Pages : 273 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Investment Treaties and the Legal Imagination by : Nicolás M. Perrone

Download or read book Investment Treaties and the Legal Imagination written by Nicolás M. Perrone and published by Oxford University Press, USA. This book was released on 2021-02-11 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings a new perspective to the subject of international investment law, by tracing the origins of foreign investor rights. It shows how a group of business leaders, bankers, and lawyers in the mid-twentieth century paved the way for our current system of foreign investment relations, and the investor-state dispute settlement mechanism.

International Investment Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847319874
Total Pages : 258 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis International Investment Law by : Surya P Subedi QC

Download or read book International Investment Law written by Surya P Subedi QC and published by Bloomsbury Publishing. This book was released on 2012-08-01 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an up-to-date, scholarly overview of the law of foreign investment, incorporating a thorough and succinct analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case-law, from both developed and developing country perspectives. A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to unduly restrict the right of host governments to implement their public policy, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country, on the other. Since the first edition was published a number of landmark decisions have been produced by various international investment tribunals, calling for an update in what is a fast growing and rapidly changing investment environment. In addition, scholars and other actors, both non-governmental and inter-governmental, have responded to the agenda set by the first edition of this book; thus the second edition also reflects on the work of some of these major actors in the field. This is perhaps the first book of its type authored by an international lawyer who has taught, researched and advised in both the developed and developing world over the past 25 years. The wealth of experience he brings to the task enables him to develop unique insights into the interplay between the law, economics and politics of foreign investment, making this book essential reading for students, scholars, practitioners and diplomats interested in the contemporary law of foreign investment.

International Law and Foreign Direct Investment

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Author :
Publisher :
ISBN 13 : 9781531015237
Total Pages : 0 pages
Book Rating : 4.0/5 (152 download)

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Book Synopsis International Law and Foreign Direct Investment by : Muna Ndulo

Download or read book International Law and Foreign Direct Investment written by Muna Ndulo and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law and Foreign Direct Investment provides an overview of the law of foreign direct investments, incorporating a thorough exposition of the legal principles that are likely to affect a commercial investment in a foreign country. It analyzes the manner in which the principles have been interpreted and applied by international courts, domestic courts, and arbitral tribunals. The book should be of interest to both practitioners and scholarly lawyers.

Legal treatment standards for international investments. Heuristic aspects

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Publisher : ADJURIS – International Academic Publisher
ISBN 13 : 6069497872
Total Pages : 123 pages
Book Rating : 4.0/5 (694 download)

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Book Synopsis Legal treatment standards for international investments. Heuristic aspects by : Cristina-Elena Popa Tache

Download or read book Legal treatment standards for international investments. Heuristic aspects written by Cristina-Elena Popa Tache and published by ADJURIS – International Academic Publisher. This book was released on 2021-06-18 with total page 123 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussing the standards of legal treatment for international investment, means subjecting the law branch in its entirety to research. Representing the most comprehensive part, of particular importance for international investment law, treatment standards continue to generate a series of differentiations whose understanding and approach often require the analysis of the starting points that led to the emergence, by division, of this branch of law. International investment treatment standards represent or should represent the direct effect of the principles of international investment law, thus being their expression, with a pronounced logical affinity between them. Specifically, they are not confused with the principles, but they are the practical reflection at the level of rights and obligations, applicable to the performers in this field, in the highlight of the theoretical-practical aspect, having a customary origin, as well as the principles underlying their development. Following this logic and analyzing the situation of the latest investment treaties, it turns out that there is an insufficiency in the preponderance of treatment standards, compared to the principles, much more numerous and constantly expanding, of this field of law. The specificity of this branch of law consists in the emphasis on its fundamental concepts, essentializing what determines the whole, being considered as a science of essentialization and, ultimately, the role of any method of scientific research is to analyze, discover and highlight what this branch of law represents, as a whole, what determines it, the connections of this ensemble with other sciences, the composition and structuring of the system and the substantiation of the connections between its components. The standards of legal treatment of international investments settled with the individualization of international investment law. Their appearance took place gradually, depending on the path marked by the stages of emergence and evolution of the legal regime of foreign investment, from the legal phenomenon to the branch of law, from trade in general to foreign investment in particular. In all of this, legal scientific research plays a key role because any codification activity must be scientifically substantiated. Any codification policy must ensure a balance between the diachrony and the synchrony of international investment law (between the dynamics and the statics of this law). A complete analysis of the treatment standards of international investments can be performed only by a close correlation because the singular existence of a standard specific to this field is excluded from the start. The importance of establishing and existence of eloquent and integrated treatment standards is a condition for survival under international economic crises. The main feature of this monograph is to present the subject in a way that is as easy to understand as possible to study and apply such rules, being a very useful and valuable material for students, masters, doctoral students, theoreticians and practitioners.

The International Law on Foreign Investment

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139936441
Total Pages : 555 pages
Book Rating : 4.1/5 (399 download)

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Book Synopsis The International Law on Foreign Investment by : M. Sornarajah

Download or read book The International Law on Foreign Investment written by M. Sornarajah and published by Cambridge University Press. This book was released on 2010-05-06 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: Given recent seismic upheavals in the world's money markets, an updated edition of an authoritative, reliable textbook on the international law of foreign investment has rarely been so timely. Sornarajah's classic text surveys how international law has developed to protect foreign investments by multinational actors and to control any misconduct on their part. It analyses treaty-based methods, examining the effectiveness of bilateral and regional investment treaties. It also considers the reverse flow of investments from emerging industrialising powers such as China and Brazil and explores the retreat from market oriented economics to regulatory controls. By offering thought-provoking analysis of not only the law, but related developments in economics and political sciences, Sornarajah gives immediacy and relevance to the discipline. This book is required reading for all postgraduate and undergraduate international law students specialising in the law of foreign investments.

Legal Framework for the Admission of FDI

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Publisher : Eleven International Publishing
ISBN 13 : 9077596151
Total Pages : 338 pages
Book Rating : 4.0/5 (775 download)

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Book Synopsis Legal Framework for the Admission of FDI by : Thomas Pollan

Download or read book Legal Framework for the Admission of FDI written by Thomas Pollan and published by Eleven International Publishing. This book was released on 2006 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law on foreign direct investment (FDI) belongs to the fastest changing legal field in international law. Investors and the host state have long left behind a relationship dominated by the host state's desire to screen and choose FDI. In the current market for FDI, both parties try to assert influence, but in the end the scarcity of FDI is the decisive factor. This book provides an in-depth study of the legal framework for the admission of FDI and presents insights into the pros and cons of various admission models. Its goal is to identify legal and policy options that serve the host state's and investor's common needs. The book is a comprehensive, easy reference handbook that is of interest to lawyers, academics and policy makers.

Public Participation and Foreign Investment Law

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Publisher : BRILL
ISBN 13 : 9004397663
Total Pages : 462 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Public Participation and Foreign Investment Law by : Eric De Brabandere

Download or read book Public Participation and Foreign Investment Law written by Eric De Brabandere and published by BRILL. This book was released on 2021-02-01 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Participation and Foreign Investment Law critically discusses the different forms of public participation that can be found or envisaged in foreign investment law. It provides the first systematic treatment of public participation in foreign investment law in its main forms and from different perspectives.

The Interpretation of International Investment Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004232230
Total Pages : 572 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Interpretation of International Investment Law by : Todd Weiler

Download or read book The Interpretation of International Investment Law written by Todd Weiler and published by Martinus Nijhoff Publishers. This book was released on 2013-05-02 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historical analysis should be adopted in the interpretation of international investment law obligations. Weiler subjects some of the most commonly held beliefs about the nature and development of international investment law to a critical re-appraisal, based upon meticulously assembled historical record. In the process, the book provides readers with a fresh perspective on some of the oldest obligations in international law.

International Investment Law

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

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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.

Chinese Foreign Investment Laws

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Author :
Publisher : World Scientific
ISBN 13 : 9789810242244
Total Pages : 58 pages
Book Rating : 4.2/5 (422 download)

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Book Synopsis Chinese Foreign Investment Laws by : Huaqun Zeng

Download or read book Chinese Foreign Investment Laws written by Huaqun Zeng and published by World Scientific. This book was released on 1999 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prepared by the East Asian Institute, NUS, which promotes research on East Asian developments particularly the political, economic and social development of contemporary China (including Hong Kong and Taiwan), this series of research reports is intended for policy makers and readers who want to keep abreast of the latest developments in China. This volume summarises four features of the common principles of foreign investment laws in market economies and surveys four aspects of recent developments in Chinese foreign investment laws towards these principles.

The International Law on Foreign Investment

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107133629
Total Pages : 641 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The International Law on Foreign Investment by : M. Sornarajah

Download or read book The International Law on Foreign Investment written by M. Sornarajah and published by Cambridge University Press. This book was released on 2017-08-24 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting international foreign investment law in historical, political and economic contexts, this book embraces all recent developments.