NAFTA and the Energy Charter Treaty:Compliance With, Implementation and Effectiveness of International Investment Agreements

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041110763
Total Pages : 322 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis NAFTA and the Energy Charter Treaty:Compliance With, Implementation and Effectiveness of International Investment Agreements by : Mirian Omalu

Download or read book NAFTA and the Energy Charter Treaty:Compliance With, Implementation and Effectiveness of International Investment Agreements written by Mirian Omalu and published by Kluwer Law International B.V.. This book was released on 1999-01-01 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: The North American Free Trade Agreement (NAFTA) and the Energy Charter Treaty (ECT) are the first major multilateral treaties to impose obligations on governments concerning the protection and treatment of foreign investments. These obligations are enforceable by private companies. NAFTA and the ECT examines the effectiveness of the investment rules of these treaties and analyses the mechanisms adopted to enhance compliance, and to facilitate the implementation and enforcement of the relevant rules and regulations. Coverage of this work includes: a conceptual analysis of the precise meaning and theoretical foundation of compliance, implementation, and effectiveness; an examination of issues of direct effect and direct international responsibility in terms of the practical question of the treaties' impact on the domestic regimes of states; an exploration of the issues of transparency and monitoring to achieve enhanced compliance; and a close look at a number of key links in the field andndash; between the investment rules and the workings of national legal and governmental systems, between national and international law, between different disciplines involved (international law, international relations, international politics, and economics), and between transparency and compliance monitoring. NAFTA and the ECT also offers several helpful features, including results from a questionnaire-based survey circulated to the main players in the realm of foreign investment which offer unique insights on the prevalent perception of the industry towards NAFTA and the ECT; and original suggested provisions and frameworks which would enhance the effectiveness of the investment rules. The thought-provoking issues probed and conclusions reached and the interdisciplinary and comparative approach taken make NAFTA and the ECT a compelling new resource for academics, policymakers, and others interested in the effectiveness of international investment agreements and the tools employed in their implementation and enforcement.

Fair and Equitable Treatment

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Publisher :
ISBN 13 : 9789211128277
Total Pages : 0 pages
Book Rating : 4.1/5 (282 download)

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Book Synopsis Fair and Equitable Treatment by : United Nations Conference on Trade and Development

Download or read book Fair and Equitable Treatment written by United Nations Conference on Trade and Development and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher.

The Energy Charter Treaty

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041141901
Total Pages : 331 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Energy Charter Treaty by : Crina Baltag

Download or read book The Energy Charter Treaty written by Crina Baltag and published by Kluwer Law International B.V.. This book was released on 2012-01-01 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Energy Charter Treaty (ECT) is a multilateral treaty in the energy sector, entered into force in April 1998, which gained worldwide recognition mainly because of its provisions on the promotion and protection of investments. The ECT currently has over 45 contracting parties. Its popularity increased significantly in the last few years following the proliferation of disputes submitted to arbitration under Article 26 of the ECT, while investors became more familiarized with the rights granted by the ECT in respect of their investments. At present, more than 20 disputes between investors and contracting parties have been submitted to arbitration. The requirements of ‘investor’ and ‘investment’ are essential for the benefit of the protection offered by the ECT. The book suggests a comprehensive approach to the notion of ‘investor’. It analyzes the notion of ‘investor’ in an inclusive manner, starting with the concept of Contracting Party to the ECT and its implications in respect of the notion of ‘investor’, going through nationality, permanent residency, dual nationality, companies and other legal entities and shareholders, to the notion of ‘investment’ and its role in defining the concept of ‘investor’ under the ECT. The aim of the book is to shed light on the proper meaning of the notion of ‘investor’ under the ECT, considering the close relationship between the ECT and other treaties such as the ICSID Convention and arbitration rules.

Commentary on the Energy Charter Treaty

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Publisher : Edward Elgar Publishing
ISBN 13 : 1035316285
Total Pages : 597 pages
Book Rating : 4.0/5 (353 download)

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Book Synopsis Commentary on the Energy Charter Treaty by : Rafael Leal-Arcas

Download or read book Commentary on the Energy Charter Treaty written by Rafael Leal-Arcas and published by Edward Elgar Publishing. This book was released on 2023-12-11 with total page 597 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thoroughly revised edition of the Commentary on the Energy Charter Treaty presents a comprehensive overview of the latest trends surrounding this important international agreement. Providing a unique, article-by-article, textual analysis, updated chapters cover the full breadth of topics and developments of the Energy Charter Treaty (ECT), situated in the broader context of international economic law and governance. This edition also offers detailed coverage of the modernization process of the ECT, and carefully analyses important criticisms of the instrument.

The International Law of Investment Claims

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Publisher : Cambridge University Press
ISBN 13 : 0521855675
Total Pages : 685 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis The International Law of Investment Claims by : Zachary Douglas

Download or read book The International Law of Investment Claims written by Zachary Douglas and published by Cambridge University Press. This book was released on 2009-06-11 with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a codification of the principles and rules relating to the prosecution of investment claims.

The Law of Investment Treaties

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Publisher : OUP Oxford
ISBN 13 : 0191009156
Total Pages : 494 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Law of Investment Treaties by : Jeswald W. Salacuse

Download or read book The Law of Investment Treaties written by Jeswald W. Salacuse and published by OUP Oxford. This book was released on 2015-06-04 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapid growth in investment treaties has led to a burgeoning number of international arbitration decisions that have applied and interpreted treaty provisions in disputes between investors and states concerning their respective rights. This flurry of treaties and arbitral decisions has seen the creation of a new branch of international law- the law of investment claims. In this revised edition, Jeswald Salacuse examines the law of international investment treaties, specifically in relation to its origins, structure, content, and effect, as well as their impact on international investors and investments, and the governments that are parties to them. Investment treaty law is a rapidly evolving field and since publication of the first edition, the law of international investment treaties has both experienced considerable growth and generated extensive controversy. 2011 saw the highest number of new treaty-based arbitration filed under international investment agreements to date, and in July 2014, the Yukos Universal Limited (Isle of Man) v The Russian Federation culminated with awards of over US$50 billion; a historic record for any arbitration. Controversy in this field has primarily revolved around the investor-state dispute settlement process, which as thus far involved at least 98 states as respondents. Salacuse captures these developments in this updated edition, examining not only the significant growth in treaties, but the trends that have followed, and their effect on the content and evolution of the law of investment treaties. Specific topics include conditions for the entry of foreign investment and general standards of treatment of foreign investments; monetary transfers; operational conditions; protection against expropriation; dispossession and compensation for losses; dispute settlement, including negotiation, arbitration, and conciliation; and judicial proceedings.

Energy Security

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847313787
Total Pages : 510 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Energy Security by : Sanam S. Haghighi

Download or read book Energy Security written by Sanam S. Haghighi and published by Bloomsbury Publishing. This book was released on 2007-08-31 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first comprehensive assessment of the various internal and external measures undertaken by the European Union to guarantee security of oil and gas supply. It sets out and analyses in a coherent and thorough manner those aspects of EU external policy that are relevant in establishing a framework for guaranteeing energy security for the Union. What makes the book unique is that it is the first of its kind to bridge the gap between EU energy and EU external policy. The book discusses EU policy towards the major oil and gas producing countries of Russia, the Mediterranean and the Persian Gulf at the bilateral as well as regional and multilateral level. It brings together not only the dimensions of trade and investment but also other important aspects of external policy, namely development and foreign policy. The author argues that the EU's energy security cannot be achieved through adopting a purely internal approach to energy issues, but that it is necessary to adopt a holistic approach to external policy, covering efficient economic relations as well as development co-operation and foreign policies towards energy producing countries. The book will be a valuable resource for students of EU law, WTO law or international energy law, as well as scholars and practitioners dealing with energy issues.

International Investment Law

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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.

The Art of the State II

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Publisher : IRPP
ISBN 13 : 9780886452049
Total Pages : 556 pages
Book Rating : 4.4/5 (52 download)

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Book Synopsis The Art of the State II by : Thomas J. Courchene

Download or read book The Art of the State II written by Thomas J. Courchene and published by IRPP. This book was released on 2008-03 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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

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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.

Sustainable Development Principles in the Decisions of International Courts and Tribunals

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Publisher : Taylor & Francis
ISBN 13 : 1317670000
Total Pages : 884 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Sustainable Development Principles in the Decisions of International Courts and Tribunals by : Marie-Claire Cordonier Segger

Download or read book Sustainable Development Principles in the Decisions of International Courts and Tribunals written by Marie-Claire Cordonier Segger and published by Taylor & Francis. This book was released on 2017-05-08 with total page 884 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2002 New Delhi Declaration of Principles of International Law relating to Sustainable Development set out seven principles on sustainable development, as agreed in treaties and soft-law instruments from before the 1992 Rio ‘Earth Summit’ UNCED, to the 2002 Johannesburg World Summit on Sustainable Development, to the 2012 Rio UNCSD. Recognition of the New Delhi principles is shaping the decisions of dispute settlement bodies with jurisdiction over many subjects: the environment, human rights, trade, investment, and crime, among others. This book explores the expanding international jurisprudence incorporating principles of international law on sustainable development. Through chapters by respected experts, the volume documents the application and interpretation of these principles, demonstrating how courts and tribunals are contributing to the world’s Sustainable Development Goals, by peacefully resolving disputes. It charts the evolution of these principles in international law from soft law standards towards recognition as customary law in certain instances, assessing key challenges to further judicial consideration of the principles, and discussing, for instance, how their relevance for compliance and disputes related to the 2015 Paris Agreement on climate change. The volume provides a unique contribution of great interest to law and policy-makers, judges, academics, students, civil society and practitioners concerned with sustainable development and the law, globally.

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.

Integrating Sustainable Development Into International Investment Agreements

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Publisher : Commonwealth Secretariat
ISBN 13 : 1849290865
Total Pages : 605 pages
Book Rating : 4.8/5 (492 download)

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Book Synopsis Integrating Sustainable Development Into International Investment Agreements by : John Anthony VanDuzer

Download or read book Integrating Sustainable Development Into International Investment Agreements written by John Anthony VanDuzer and published by Commonwealth Secretariat. This book was released on 2013 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Guide is designed to assist developing countries to negotiate International Investment Agreements (IIAs) that are more effective in promoting their sustainable development. A useful reference tool for developing country negotiators and interested parties.

Principles of International Investment Law

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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 Commercial Arbitration and African States

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Publisher : Cambridge University Press
ISBN 13 : 9780521641326
Total Pages : 640 pages
Book Rating : 4.6/5 (413 download)

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Book Synopsis International Commercial Arbitration and African States by : Amazu A. Asouzu

Download or read book International Commercial Arbitration and African States written by Amazu A. Asouzu and published by Cambridge University Press. This book was released on 2001-10-18 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Commercial Arbitration and African States is a timely assessment of the arbitral process in the African context. The book focuses on the contribution that arbitration, and other methods of alternative dispute resolution, may make to the development of African states and peoples, while satisfying the legitimate expectations of inward investors and traders. Although focusing on dispute resolution regimes affecting or concerning African states and their nationals, the work will also have practical, policy and comparative implications for dispute resolution, commercial arbitration and foreign investment in other regions.

Trends in International Investment Agreements

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Publisher :
ISBN 13 :
Total Pages : 140 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Trends in International Investment Agreements by : United Nations Conference on Trade and Development

Download or read book Trends in International Investment Agreements written by United Nations Conference on Trade and Development and published by . This book was released on 1999 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: "United Nations publication, sales no. E.99.II.D.23"--T.p. verso.

Sustainable Justice

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Publisher : BRILL
ISBN 13 : 9047414608
Total Pages : 681 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Sustainable Justice by : Marie-Claire Cordonier Segger

Download or read book Sustainable Justice written by Marie-Claire Cordonier Segger and published by BRILL. This book was released on 2004-11-01 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a cutting-edge scholarly discussion of judicial and legal methods to reconcile national and international economic, social and environmental law for sustainable development. A diverse anthology of perspectives from developed and developing countries, the book contains contributions from judges, international lawyers and other experts with a wealth of experience in the emerging field of sustainable development law. It presents negotiators, scholars and jurists with a lively, thought-provoking and highly current discussion of international legal debates related to sustainable development. The final part discusses future developments in sustainable development law, based on the results of three recent international processes. Sustainable Justice weaves a diverse and intriguing collection, reflecting a vigorous yet practical international legal debate of crucial importance to our common future.