Public Interests In International Investment Law

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Public Interests in International Investment Law

Author : Qiang Ren
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527526003
Total Pages : 286 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis Public Interests in International Investment Law by : Qiang Ren

Download or read book Public Interests in International Investment Law written by Qiang Ren and published by Cambridge Scholars Publishing. This book was released on 2019-01-17 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are conflicts between the ‘old capitalists’ and ‘new money’ manifest in today’s economy? Are investment treaties, which have traditionally been used to protect capital exporting states, now beginning to cause unwelcome side effects for them? International investment law has long been held as an economic and political instrument in the regime of international investment, with international investment treaties having been concluded to protect foreign investment and investors for a substantial period of time. However, the emerging new economic powers from the Third World are causing this to change. Taking the unique perspective of environmental protection in host states against states’ obligations to protect and promote foreign investments under the existing international investment treaty practice and dispute settlement practices, this book examines this inescapable conflict. This is the first major work in this field to interpret investment treaty provisions by introducing environmental reflection. It offers proposals for rethinking and reshaping the current pro-investor international investment law through taking up broad environmental exceptions.

Global Public Interest in International Investment Law

Author : Andreas Kulick
Publisher : Cambridge University Press
ISBN 13 : 1139510886
Total Pages : 412 pages
Book Rating : 4.1/5 (395 download)

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

Download or read book Global Public Interest in International Investment Law written by Andreas Kulick and published by Cambridge University Press. This book was released on 2012-07-12 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: The strengths of international investment law - above all, a strong focus on investor interests and an effective adjudication and enforcement system - also entail its weaknesses: it runs the danger of impeding or even sanctioning the host states' legitimate regulatory interests and ignoring other fields of public international law. How does it cope with public interest concerns such as human rights, the environment or the fight against corruption? At the heart of this book lies a fresh approach towards a general theory of such global public interest considerations in the investment realm. Delineating how and why those considerations matter, and why the current system does not accommodate them properly, Andreas Kulick fleshes out general principles and customary international law as defences the host state may raise against alleged investor rights infringements and promotes proportionality as the appropriate balancing mechanism.

The Right of States to Regulate in International Investment Law

Author : Yulia Levashova
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403510153
Total Pages : 278 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Right of States to Regulate in International Investment Law by : Yulia Levashova

Download or read book The Right of States to Regulate in International Investment Law written by Yulia Levashova and published by Kluwer Law International B.V.. This book was released on 2019-07-18 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Due to the ongoing recent expansion of public interest issues worldwide, the state’s right to regulate has been recaptured as a prominent concept in international investment law. The fair and equitable treatment (FET) standard provision in the text of an international investment agreement (IIA) has become a detailed clause clarifying the specific obligations of a state towards an investor under the FET standard. However, striking the right balance between the interests of host states and investors in these new treaty formulations has proved to be challenging. This book greatly clarifies the field by offering the in-depth analysis of the application of the state’s right to regulate in relation to FET standard provisions in IIAs and to decisions by arbitral tribunals in FET cases. Recognising that the role of tribunals is to balance the state’s public interests and the interests of the investor when interpreting and applying the FET standard, the author pursues such seminal issues and topics as the following: the legitimacy of the objective of the state’s measure; obligations and responsibilities of investors towards a host state; the nature and impact of a change to a national regulatory framework; special economic and sociopolitical circumstances in a host state; and due diligence and risk assessment as a condition for the protection of an investor’s legitimate expectations. Multiple IIAs concluded by the OECD Member States, as well by Russia and China between the developing countries, and the prominent investment law cases on the FET standard are examined in detail. The analysis pays particular attention to how investment jurisprudence in FET cases has been reflected in such new IIAs as the Comprehensive Economic and Trade Agreement between the European Union (EU) and Canada (CETA), the EU-Vietnam FTA and the EU-Singapore FTA. These case studies demonstrate the evolution of the IIAs’ FET standard provisions and how they balance the application of the FET standard and the state’s right to regulate. Suggestions are provided for drafting formulations of the FET standard that can contribute to achieving such a balance. In the clear light it sheds on the legal conditions under which states may regulate in the public interest and its contribution to the reforms that are currently taking place in the field of international investment law, this book constitutes an exemplary framework to evaluate investment decisions on the FET standard and the right to regulate. It is sure to prove extremely useful for practitioners who work on investment cases, policymakers involved in negotiating and drafting of IIAs, policy advisors of governmental and non-governmental organisations and academics in international investment law.

Transparency in International Investment Arbitration

Author : Dimitrij Euler
Publisher : Cambridge University Press
ISBN 13 : 1107077931
Total Pages : 413 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Transparency in International Investment Arbitration by : Dimitrij Euler

Download or read book Transparency in International Investment Arbitration written by Dimitrij Euler and published by Cambridge University Press. This book was released on 2015-08-10 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: This in-depth commentary analyses the new UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration.

General Interests of Host States in International Investment Law

Author : Giorgio Sacerdoti
Publisher : Cambridge University Press
ISBN 13 : 1107050235
Total Pages : 479 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis General Interests of Host States in International Investment Law by : Giorgio Sacerdoti

Download or read book General Interests of Host States in International Investment Law written by Giorgio Sacerdoti and published by Cambridge University Press. This book was released on 2014-05-29 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses bilateral treaties and regional agreements on foreign investments, focussing particularly on measures taken in the context of economic crises.

Public Actors in International Investment Law

Author : Catharine Titi
Publisher : Springer Nature
ISBN 13 : 3030589161
Total Pages : 205 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Public Actors in International Investment Law by : Catharine Titi

Download or read book Public Actors in International Investment Law written by Catharine Titi and published by Springer Nature. This book was released on 2021 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book focuses on public actors with a role in the settlement of investment disputes. Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.

International Investment Law and Comparative Public Law

Author : Stephan W. Schill
Publisher : Oxford University Press
ISBN 13 : 0199589100
Total Pages : 922 pages
Book Rating : 4.1/5 (995 download)

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

Download or read book International Investment Law and Comparative Public Law written by Stephan W. Schill and published by Oxford University Press. This book was released on 2010-10-14 with total page 922 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.

Foreign Investment, International Law and Common Concerns

Author : Tullio Treves
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.

Shifting Paradigms in International Investment Law

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

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Book Synopsis Shifting Paradigms in International Investment Law by : Steffen Hindelang

Download or read book Shifting Paradigms in International Investment Law written by Steffen Hindelang and published by Oxford University Press. This book was released on 2016-01-21 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.

International Investment Law

Author : Arnaud de Nanteuil
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.

Global Public Interest in International Investment Law

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

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

Public Participation and Foreign Investment Law

Author : Eric De Brabandere
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.

An Introduction to International Investment Law

Author : David Collins
Publisher : Cambridge University Press
ISBN 13 : 1009245708
Total Pages : 385 pages
Book Rating : 4.0/5 (92 download)

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Book Synopsis An Introduction to International Investment Law by : David Collins

Download or read book An Introduction to International Investment Law written by David Collins and published by Cambridge University Press. This book was released on 2023-02-09 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful and accessible introduction provides students and practitioners with a comprehensive overview of the increasingly important discipline of international investment law. Focusing primarily on the legal principles contained in the growing body of international investment agreements, this book covers the core concepts of the discipline, with attention given to their relation to each other and to the manner which they have developed through arbitration case law. The context of each legal principle is explored, along with a consideration of some of the major debates and emerging criticisms. Avoiding extensive case extracts, this book adopts an engaging and succinct narrative style which allows readers to advance their understanding of the topic while examining the legal principles with academic rigour and discerning commentary.

International Investor Obligations

Author : Patrick Abel
Publisher : Nomos Verlag
ISBN 13 : 3748933177
Total Pages : 373 pages
Book Rating : 4.7/5 (489 download)

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Book Synopsis International Investor Obligations by : Patrick Abel

Download or read book International Investor Obligations written by Patrick Abel and published by Nomos Verlag. This book was released on 2022-11-24 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Das internationale Investitionsschutzrecht steht seit Jahren in der Kritik: Genießen Investoren internationale Rechte ohne korrespondierende Verantwortlichkeit? Dieses Buch stellt diese Sicht infrage. Vielmehr lassen sich der Vertrags- und Schiedspraxis bereits heute Investorenpflichten entnehmen, die das Buch normtheoretisch als direkte und indirekte Pflichten erschließt. Diese verpflichten Investoren etwa auf Menschenrechte und Umweltschutz. Sie sind potentiell geeignet, das Rechtsgebiet verstärkt auf das Ziel nachhaltiger Entwicklung auszurichten und Investorenverhalten international zu regulieren. Das Buch stellt diese Entwicklung in den allgemeineren Kontext der seit 1945 stattfindenden Individualisierung des Völkerrechts.

Principles of International Investment Law

Author : Rudolf Dolzer
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.

Rules and Practices of International Investment Law and Arbitration

Author : Yannick Radi
Publisher : Cambridge University Press
ISBN 13 : 1107102103
Total Pages : 581 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Rules and Practices of International Investment Law and Arbitration by : Yannick Radi

Download or read book Rules and Practices of International Investment Law and Arbitration written by Yannick Radi and published by Cambridge University Press. This book was released on 2020-10-29 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers the most comprehensive, detailed and up-to-date analysis of international investment law and arbitration compared to its competitors.

The Foundations of International Investment Law

Author : Zachary Douglas
Publisher : OUP Oxford
ISBN 13 : 0191508586
Total Pages : 586 pages
Book Rating : 4.1/5 (915 download)

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

Download or read book The Foundations of International Investment Law written by Zachary Douglas and published by OUP Oxford. This book was released on 2014-05-01 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.