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Protection Et Promotion Des Investissements
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Author :Academie De Droit International De La Haye Publisher :Martinus Nijhoff Publishers ISBN 13 :9789041104199 Total Pages :402 pages Book Rating :4.1/5 (41 download)
Book Synopsis L'évolution des sources du droit des investissements by : Academie De Droit International De La Haye
Download or read book L'évolution des sources du droit des investissements written by Academie De Droit International De La Haye and published by Martinus Nijhoff Publishers. This book was released on 1997-05-06 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law." This volume contains: - L'evolution des sources du droit des investissements, par P. JUILLARD, professeur a l'Universite de Paris I; - From Bilateralism to Community Interest in International Law by B. SIMMAR, Professor at the Institute for Public International Law, Munich. To access the abstract texts for this volume please click here
Book Synopsis Research Handbook in International Economic Law by : Andrew T. Guzm¾n
Download or read book Research Handbook in International Economic Law written by Andrew T. Guzm¾n and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major new work consists of carefully commissioned original and incisive contributions from leading scholars in the field of international economic law. Covering a full range of topics, the Handbook provides an accessible treatment of the law in each area, as well as a thoughtful synthesis and discussion of related public policy issues from a broadly social science perspective.
Book Synopsis Droits de l'investisseur étranger et protection de l'environnement by : Sabrina Robert-Cuendet
Download or read book Droits de l'investisseur étranger et protection de l'environnement written by Sabrina Robert-Cuendet and published by BRILL. This book was released on 2010-05-12 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: En droit international de l’investissement, le prisme de l’expropriation indirecte couvre une large catégorie de mesures – telles que les réglementations – qui n’impliquent pas de transfert de propriété mais aboutissent à une grave interférence avec un investissement. La définition des dépossessions indemnisables constitue une question extrêmement sensible, située à la croisée des chemins entre la protection des droits des investisseurs et la préservation des prérogatives de l’Etat. Cet ouvrage explore, à travers l’exemple de la réglementation environnementale, le droit applicable à cette notion controversée. Il montre que l’approche traditionnelle – reposant sur une dilution du concept d’expropriation – n’est nullement appropriée et il contribue à clarifier l’étendue de la protection de l’investisseur sur le fondement du droit de la responsabilité internationale de l’Etat. In international investment law, the prism of indirect expropriation includes a broad range of measures – such as regulatory measures – which do not involve a transfer of property but result in a serious interference with an investment. The definition of compensable taking is a very sensitive issue situated at the crossroads between the protection of investors' private rights and the safeguarding of the state's sovereign prerogatives. This book explores, through the example of environmental regulation, the law applicable to this controversial topic. It suggests that the traditional approach – based on an extension of the concept of expropriation – is inappropriate and it contributes to clarifying the scope of the international protection of the investor on the ground of the law of state responsibility.
Book Synopsis Commentaries on Selected Model Investment Treaties by : Chester Brown
Download or read book Commentaries on Selected Model Investment Treaties written by Chester Brown and published by OUP Oxford. This book was released on 2013-01-17 with total page 990 pages. Available in PDF, EPUB and Kindle. Book excerpt: The existing literature on the substantive and procedural aspects of bilateral investment treaties (BITs) relies heavily on investment treaty arbitration decisions as a source of law. What is missing is a comprehensive, analytical review of state practice. This volume fills this gap, providing detailed analyses of the investment treaty policy and practice of nineteen leading capital-exporting states and emerging market economies. The authors are leading experts in government, academia, and private legal practice, and their chapters are largely based on primary source materials. Each chapter provides a description of the regulatory or policy framework governing foreign investment (both inflows and outflows) with a historical presentation of the state's Model BIT; an examination of internal government processes and practices relating to treaty negotiation, conclusion, ratification and record-keeping; and a detailed article-by-article analytical commentary of the state's Model BIT, elucidating the policy behind each provision and highlighting the ways in which the actual investment treaty practice of that state deviates from this standard text. This commentary is supplemented by the case law relevant to that state's investment treaties. This commentary will be of immense assistance to counsel and arbitrators engaged in arguing and determining the proper interpretation of BITs and investment chapters in Free Trade Agreements, and to government officials and scholars engaged in BIT policy formulation and implementation. It will serve as a standard resource for legal practitioners, scholars, policy-makers and other stakeholders in the field of international investment policy, law, and arbitration.
Book Synopsis The Oxford Handbook of International Investment Law by : Peter Muchlinski
Download or read book The Oxford Handbook of International Investment Law written by Peter Muchlinski and published by OUP Oxford. This book was released on 2008-06-26 with total page 1352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbooks series is a major new initiative in academic publishing. Each volume offers an authoritative and state-of-the-art survey of current thinking and research in a particular subject area. Specially commissioned essays from leading international figures in the discipline give critical examinations of the progress and direction of debates. Oxford Handbooks provide scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social sciences. The Oxford Handbook of International Investment Law aims to provide the first truly exhaustive account of the current state and future development of this important and topical field of international law. The Handbook is divided into three main parts. Part One deals with fundamental conceptual issues, Part Two deals with the main substantive areas of law, and Part Three deals with the major procedural issues arising out of the settlement of international investment disputes. The book has a policy-oriented introduction, setting the more technical chapters that follow in their policy environment within which contemporary norms for international foreign investment law are evolving. The Handbook concludes with a chapter written by the editors to highlight the major conclusions of the collection, to identify trends in the existing law, and to look forward to the future development of this field.
Book Synopsis Treaty Shopping in International Investment Law by : Jorun Baumgartner
Download or read book Treaty Shopping in International Investment Law written by Jorun Baumgartner and published by Oxford University Press. This book was released on 2016-11-24 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Treaty shopping, also known under the terms of nationality planning, corporate (re-)structuring or corporate maneuvering, implies a strategic change of nationality or strategic invocation of another nationality with the aim of accessing another (usually more favourable) investment treaty for purposes of investment arbitration. When deciding on whether an investment claim based on treaty shopping should be upheld or dismissed, investment arbitral tribunals have been increasingly faced with significant questions, such as: What is treaty shopping and how may legitimate nationality planning be distinguished from treaty abuse in international investment law? Should a claimant that is controlled by a host-State national be considered a protected investor, or should tribunals pierce its corporate veil? Does an investor have to make the investment in good faith, and does it have to make a contribution of its own to the investment it is claiming protection for? When does a corporate restructuring constitute an abuse of process, and which is the role of the notion of dispute in this respect? How efficient are denial of benefits clauses to counter treaty shopping? Treaty Shopping in International Investment Law examines in a systematic manner the practice of treaty shopping in international investment law and arbitral decisions that have undertaken to draw this line. While some legal approaches taken by arbitral tribunals have started to consolidate, others remain unsettled, painting a picture of an overall inconsistent jurisprudence. This is hardly surprising, given the thousands of international investment agreements that provide for the investor ́s right to sue the host State on grounds of alleged breaches of investment obligations. This book analyses and discusses the different ways by which arbitral tribunals have dealt with the value judgment at the core of the distinction between objectionable and unobjectionable treaty shopping, and makes proposals de lege ferenda on how States could reform their international investment agreements (in particular with respect to treaty drafting) in order to make them less susceptible to the practice of treaty shopping.
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.
Book Synopsis Shareholders' Claims for Reflective Loss in International Investment Law by : Lukas Vanhonnaeker
Download or read book Shareholders' Claims for Reflective Loss in International Investment Law written by Lukas Vanhonnaeker and published by Cambridge University Press. This book was released on 2020-07-16 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies shareholders' claims for reflective loss and explains why they are justified in international investment law.
Book Synopsis Yearbook of Islamic And Middle Eastern Law by : Eugene Cotran
Download or read book Yearbook of Islamic And Middle Eastern Law written by Eugene Cotran and published by BRILL. This book was released on 2005-12-13 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practitioners and academics dealing with the Middle East can turn to the Yearbook of Islamic and Middle Eastern Law for an instant source of information on the developments over an entire year in the region. The Yearbook covers Islamic and non-Islamic legal subjects, including the laws themselves, of some twenty Arab and other Islamic countries. The publication's practical features include: - articles on current topics, - country surveys reflecting important new legislation and amendments to existing legislation per country, - the text of a selection of documents and important court cases, - a Notes and News section, and - book reviews.
Book Synopsis Law and Practice of Investment Treaties by : Andrew Paul Newcombe
Download or read book Law and Practice of Investment Treaties written by Andrew Paul Newcombe and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focuses on the substantive protections accorded to investors and investments and on the variations among jurisdictions. Among the many specific issues and topics that arise in the course of the discussion are the following: - problems of transparency and conflict of interest; - the recent growth in IIAs between and among developing nations; - the effect of new model bilateral investment treaties (BITs); - the ability of non-disputing parties to participate in investor-state arbitration; - theories of the interaction of foreign direct investment (FDI) and BITs; - investor-state arbitration as an evasion of public regulatory authority; - the role of investment funds in international investment; - 'fork in the road' provisions; and - institutional versus ad hoc arbitration. International business and other investors will greatly appreciate the in-depth information and insightful guidance in this solidly useful book. It will also be welcomed by jurists and students as a significant milestone in the development of principles in a quickly growing field of practice that is still plagued with inconsistencies.
Book Synopsis Double Recovery in Investment Arbitration by : Leyla Bahmany
Download or read book Double Recovery in Investment Arbitration written by Leyla Bahmany and published by BRILL. This book was released on 2023-09-14 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the first comprehensive analysis of the risk of double compensation, often called double recovery, in the investor-State dispute settlement (ISDS) system and proposes a practical solution to the problems which double compensation creates. The book responds to all the key questions that legal counsel, arbitrators, judges, and scholars facing the double compensation issue may have, including: What requirements must be met for the problem to arise? What have others said and done about the problem? What is the most effective way to tackle it? The proposed solution is based on currently available legal doctrines and practice and strikes a balance between investors’ and States’ interests.
Book Synopsis OECD Investment Policy Reviews: Tunisia 2012 by : OECD
Download or read book OECD Investment Policy Reviews: Tunisia 2012 written by OECD and published by OECD Publishing. This book was released on 2012-10-30 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the role of FDI in the economic development of Tunisia, examines the investment regime in force and exceptions to national treatment as well as the application of the Guidelines for MNEs.
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 Oxford University Press, USA. This book was released on 2021-02-18 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this new edition of an authoritative work in the field, Jeswald W. Salacuse thoroughly examines the law of international investment treaties, particularly with respect to its origins, structure, content, and effects. He takes into account all major developments in the law to provide an up-to-date guide for students, scholars, and practitioners.
Book Synopsis International Investment Law and Arbitration by : Todd Weiler
Download or read book International Investment Law and Arbitration written by Todd Weiler and published by Cameron May. This book was released on 2005 with total page 838 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a collection of essays.
Book Synopsis The Effect of Treaties on Foreign Direct Investment by : Karl P Sauvant
Download or read book The Effect of Treaties on Foreign Direct Investment written by Karl P Sauvant and published by Oxford University Press. This book was released on 2009-03-27 with total page 795 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past twenty years, foreign direct investments have spurred widespread liberalization of the foreign direct investment (FDI) regulatory framework. By opening up to foreign investors and encouraging FDI, which could result in increased capital and market access, many countries have improved the operational conditions for foreign affiliates and strengthened standards of treatment and protection. By assuring investors that their investment will be legally protected with closed bilateral investment treaties (BITs) and double taxation treaties (DTTs), this in turn creates greater interest in FDI.
Author :United Nations Conference on Trade and Development. Division on Transnational Corporations and Investment Publisher :United Nations Publications ISBN 13 :9789211126167 Total Pages :348 pages Book Rating :4.1/5 (261 download)
Book Synopsis International Investment Instruments by : United Nations Conference on Trade and Development. Division on Transnational Corporations and Investment
Download or read book International Investment Instruments written by United Nations Conference on Trade and Development. Division on Transnational Corporations and Investment and published by United Nations Publications. This book was released on 1996 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the 11th volume in the collection of international instruments relating to foreign direct investment (FDI) and transnational corporations (TNCs). It is divided into three parts and covers: multilateral instruments, including the UN General Assembly resolution 58/4 regarding the convention against corruption; regional and inter-regional instruments, and a number of bilateral instruments.
Book Synopsis Permanent Sovereignty over Natural Resources by : Marc Bungenberg
Download or read book Permanent Sovereignty over Natural Resources written by Marc Bungenberg and published by Springer. This book was released on 2015-04-15 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fifty years after the adoption of the Declaration on Permanent Sovereignty over Natural Resources by the General Assembly of the United Nations in December 1962, this volume assesses the evolution of the principle of permanent sovereignty over natural resources into a principle of customary international law as well as related developments. International environmental and human rights law leave unresolved questions regarding the limitations of this principle, e.g. extraterritorial and international influences such as the applicable criminal and tort law, as well as the extraterritorial and international promotion of good governance, including transparency obligations.
