Rethinking Investment Law

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Publisher : Oxford University Press
ISBN 13 : 0192698788
Total Pages : 273 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Rethinking Investment Law by : David Schneiderman

Download or read book Rethinking Investment Law written by David Schneiderman and published by Oxford University Press. This book was released on 2023-11-16 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no denying that the rules and enforcement mechanisms of investment law and arbitration reach deep into the regulatory and policy space of host states. Investment tribunals have the ability to second-guess all variety of state measures and, in doing so, have displayed a remarkable lack of restraint. Despite investment law's muscularity, without equal in international law, the prevailing orthodoxy treats investment law as a defensible and just restraint on government and politics. This volume helps to correct the prevailing view. Rethinking Investment Law illustrates how investment law protections for foreign investors constrains states and over-compensates investors. It offers a more balanced vision of how international law can protect all those affected, not just foreign investors. An expert set of contributors explain both the conventional law and its limitations. Their analysis shows that doctrines, now widely entrenched, in orthodox accounts of investment law could have taken, and could still take, a different turn. They offer a more respectful approach to states' roles and responsibilities to enact laws in the public interest. This text will be an illuminating read for students and academics in areas such as investment law and international economic law. It provides cutting-edge analysis for researchers, practitioners, and students seeking to understand and question the usual standards of treatment under investment treaties.

Rethinking Investment Law

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Publisher :
ISBN 13 : 9780192698773
Total Pages : 0 pages
Book Rating : 4.6/5 (987 download)

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Book Synopsis Rethinking Investment Law by : David Schneiderman

Download or read book Rethinking Investment Law written by David Schneiderman and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment law protections for foreign investors constrain states and compensate investors. With diverse contributions explaining the conventional law and its limitations, 'Rethinking Investment Law' seeks a more balanced vision of how international law can protect individuals in general, not just foreign asset owners.

Rethinking Investment Incentives

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Author :
Publisher : Columbia University Press
ISBN 13 : 0231541643
Total Pages : 369 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis Rethinking Investment Incentives by : Ana Teresa Tavares-Lehmann

Download or read book Rethinking Investment Incentives written by Ana Teresa Tavares-Lehmann and published by Columbia University Press. This book was released on 2016-07-12 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Governments often use direct subsidies or tax credits to encourage investment and promote economic growth and other development objectives. Properly designed and implemented, these incentives can advance a wide range of policy objectives (increasing employment, promoting sustainability, and reducing inequality). Yet since design and implementation are complicated, incentives have been associated with rent-seeking and wasteful public spending. This collection illustrates the different types and uses of these initiatives worldwide and examines the institutional steps that extend their value. By combining economic analysis with development impacts, regulatory issues, and policy options, these essays show not only how to increase the mobility of capital so that cities, states, nations, and regions can better attract, direct, and retain investments but also how to craft policy and compromise to ensure incentives endure.

World Trade and Investment Law Reimagined

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Author :
Publisher : Anthem Press
ISBN 13 : 1783089733
Total Pages : 280 pages
Book Rating : 4.7/5 (83 download)

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Book Synopsis World Trade and Investment Law Reimagined by : Alvaro Santos

Download or read book World Trade and Investment Law Reimagined written by Alvaro Santos and published by Anthem Press. This book was released on 2019-06-28 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: World trade and investment law is in crisis: new and progressive ideas are needed. Rules that facilitated globalization and supported global economic growth are being challenged. A system of global governance that once seemed secure is now at risk as the United States ignores the rules while developing countries struggle to escape restrictions. Some want to tear global institutions and agreements down while others try desperately to maintain the status quo. Rejecting both options, a group of trade and investment law experts from 10 countries, South and North, have joined hands to propose ideas for a new world trade and investment law that would maintain global growth while distributing costs and benefits more fairly. Paying special attention to those who have suffered from trade dislocation and to restrictions that have hampered innovative growth strategies in developing countries, they outline a progressive trade and investment law agenda in "World Trade and Investment Law Reimagined".

Rethinking Securities Law

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Publisher : Oxford University Press
ISBN 13 : 0197583148
Total Pages : 361 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis Rethinking Securities Law by : Marc I. Steinberg

Download or read book Rethinking Securities Law written by Marc I. Steinberg and published by Oxford University Press. This book was released on 2021 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book focuses on a very timely and important subject that merit s comprehensive analysis: "rethinking" the securities laws, with particular emphasis on the Securities Act and Securities Exchange Act. The system of securities regulation that prevails today in the United States is one that has been formed through piecemeal federal legislation, Securities and Exchange Commission (SEC) in vocation of its administrative authority, and self-regulatory episodic action. As a consequence, the presence of consistent and logical regulation all too often is lacking. In both transactional and litigation settings, with frequency, mandates apply that are erratic and antithetical to sound public policy. Over four decades ago, the American Law Institute (ALI) adopted the ALI Federal Securities Code. The Code has not been enacted by Congress and its prospects are dim. Since that time, no treatise, monograph, or other source comprehensively has focused on this meritorious subject. The objective of this book is to identify the deficiencies that exist under the current regimen, address their failings, provide recommendations for rectifying these deficiencies, and set forth a thorough analysis for remediation in order to prescribe a consistent and sound securities law framework. By undertaking this challenge, the book provides an original and valuable resource for effectuating necessary law reform that should prove beneficial to the integrity of the U.S. capital markets, effective and fair government and private enforcement, and the enhancement of investor protection"--

The Evolving International Investment Regime

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Publisher : Oxford University Press
ISBN 13 : 0199878161
Total Pages : 308 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis The Evolving International Investment Regime by : Jose E. Alvarez

Download or read book The Evolving International Investment Regime written by Jose E. Alvarez and published by Oxford University Press. This book was released on 2011-04-19 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the growth of the global economy over the past two decades, foreign direct investment (FDI) laws, at both the national and international levels, have undergone rapid development in order to strengthen the protection standards for foreign investors. In terms of international investment law, a network of international investment agreements has arisen as a way to address FDI growth. FDI backlash, reflective of more restrictive regulation, has also emerged. The Evolving International Investment Regime analyzes the existing challenges to the international investment regime, and addresses these challenges going forward. It also examines the dynamics of the international regime, as well as a broader view of the changing global economic reality both in the United States and in other countries. The content for the book is a compendium of articles by leading thinkers, originating from the International Investment Conference "What's New in International Investment Law and Policy?"

International Investment Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004214534
Total Pages : 363 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis International Investment Law by : Tarcisio Gazzini

Download or read book International Investment Law written by Tarcisio Gazzini and published by Martinus Nijhoff Publishers. This book was released on 2012-08-22 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational investment involves a variety of actors (States, public and private legal entities, and natural persons) whose relationships are governed by rules and legal instruments belonging to different legal systems. This book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction. It focuses primarily on the network of over 3,000 Bilateral Investment Treaties, international investment contracts, customary international law, the main multilateral treaties, national legislation, international case law and general principles of law. The book, firmly based on State practice, arbitral awards and national decisions, is indispensable to fully appraise the nature and content of the claims of private investors as well as to identify the law applicable in investment arbitration.

Public Interests in International Investment Law

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Author :
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.

Reconceptualizing International Investment Law from the Global South

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107190037
Total Pages : 321 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Reconceptualizing International Investment Law from the Global South by : Fabio Morosini

Download or read book Reconceptualizing International Investment Law from the Global South written by Fabio Morosini and published by Cambridge University Press. This book was released on 2017-10-26 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows how the reform in investment regulation contributes to a broader attempt to transform the international economic order.

World Trade and Investment Law Reimagined

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Author :
Publisher : Anthem Press
ISBN 13 : 1783089741
Total Pages : 422 pages
Book Rating : 4.7/5 (83 download)

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Book Synopsis World Trade and Investment Law Reimagined by : Alvaro Santos

Download or read book World Trade and Investment Law Reimagined written by Alvaro Santos and published by Anthem Press. This book was released on 2019-06-28 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: World trade and investment law is in crisis: new and progressive ideas are needed. Rules that facilitated globalization and supported global economic growth are being challenged. A system of global governance that once seemed secure is now at risk as the United States ignores the rules while developing countries struggle to escape restrictions. Some want to tear global institutions and agreements down while others try desperately to maintain the status quo. Rejecting both options, a group of trade and investment law experts from 10 countries, South and North, have joined hands to propose ideas for a new world trade and investment law that would maintain global growth while distributing costs and benefi ts more fairly. Paying special attention to those who have suffered from trade dislocation and to restrictions that have hampered innovative growth strategies in developing countries, they outline a progressive trade and investment law agenda in World Trade and Investment Law Reimagined.

Sustainable Development in World Investment Law

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131663
Total Pages : 978 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Sustainable Development in World Investment Law by : Marie-Claire Cordonier Segger

Download or read book Sustainable Development in World Investment Law written by Marie-Claire Cordonier Segger and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 978 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sustainable development, as defined by the World Commission on Environment and Development, is "development that meets the needs of the present without compromising the ability of future generations to meet their own needs." More specifically, sustainable development is a process of change that seeks to improve the collective quality of life by focusing on economically, socially, and environmentally sound projects that are viable in the long-term. Sustainable development requires structural economic change and the foundation of that change is investment. In developing nations with low levels of domestic savings, investment predictably comes from abroad in the form of foreign direct investment. A large and ever expanding number of international investment agreements are in place to govern these transactions. While these accords seek to foster development while mitigating the risk involved in these types investments, many questions remain unresolved. This highly insightful book reflects the contributions of a variety of world renowned experts each of which is designed to provide the reader with valuable perspective on recent developments in investment law negotiations and jurisprudence from a sustainable development law perspective. It offers answers to pertinent questions concerning advancements in investment law, including the negotiation of numerous regional and bilateral agreements as well as the increasing number of disputes resolved in the World Bank's International Centre for the Settlement of Investment Disputes (ICSID), from different developed and developing country perspectives. It lays out future directions for new treaty negotiations and dispute settlement proceedings, as well as ongoing investment promotion efforts, against a background of rapidly evolving international relationships between economic, environment and development law. It focuses on key issues in investment laws which have emerged as priorities in the negotiation of bilateral and regional investment agreements, and have been clarified through recent decisions of the ICSID and other arbitral panel awards.

African Perspectives in International Investment Law

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Publisher :
ISBN 13 : 9781526182470
Total Pages : 0 pages
Book Rating : 4.1/5 (824 download)

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Book Synopsis African Perspectives in International Investment Law by : Yenkong Ngangjoh Hodu

Download or read book African Perspectives in International Investment Law written by Yenkong Ngangjoh Hodu and published by . This book was released on 2024-11-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The tremendous growth in foreign direct investment (FDI) in Africa comes at a time when the field of international investment law and arbitration is witnessing a renewal. The investment has led to big business for law firms in the area of investment arbitration and the last decade has witnessed an increased number of investment treaties, proliferating investment disputes, the rise of mega-regional trade agreements and the negotiation of mega-regional infrastructure projects. Yet, while the argument in support of investment treaties as instruments to attract foreign direct investment is highly contested, many African countries are no doubt becoming more aware of the need to reshape the international investment architecture. This volume explores trends in FDI on the African continent, the benefits and challenges that FDI presents for African States, and Africa's participation in the international investment law regime. Featuring contributions from leading African international lawyers, arbitrators, jurists, academics and litigation experts, this landmark volume is the first of its kind to explore African perspectives in international investment law. Hodu and Mbengue bring together non-mainstream approaches to the debate on the nexus between foreign investment and development, addressing key conceptual issues that will define contemporary international investment law for decades to come. With insights and critical comments on the challenges of Africa's foreign investment climate and international investment law, this timely collection is essential reading for academics, students and practitioners alike.

Rethinking the Law of Contract Damages

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1789902517
Total Pages : 288 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Rethinking the Law of Contract Damages by : Victor P. Goldberg

Download or read book Rethinking the Law of Contract Damages written by Victor P. Goldberg and published by Edward Elgar Publishing. This book was released on 2019-12-27 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK.

Rethinking, Repackaging, and Rescuing World Trade Law in the Post-Pandemic Era

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509951709
Total Pages : 270 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Rethinking, Repackaging, and Rescuing World Trade Law in the Post-Pandemic Era by : Amrita Bahri

Download or read book Rethinking, Repackaging, and Rescuing World Trade Law in the Post-Pandemic Era written by Amrita Bahri and published by Bloomsbury Publishing. This book was released on 2021-08-26 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the ways to 'rethink', 'repackage' and 'rescue' world trade law in the post-COVID-19 era. Using the COVID-19 pandemic as an important context, the book makes original and critical contributions to the growing debate over a range of emerging challenges and systemic issues that might change the landscape of world trade law in the years to come. The book asks: do these unprecedented times and challenges call for reengineering the world trading system and a further retreat from trade liberalisation? The authors offer a rigorous and insightful analysis of whether and how the existing trade institutions and/or rules, including their latest developments, may provide room to deal with pandemic-induced trade-related issues, sustainable development goals, future crises and other existential threats to the multilateral trading system. The book reinforces the importance of international cooperation and the pressing need to reinvigorate the world trading system. The pandemic has provided a unique opportunity for governments to rebuild the political will needed for such cooperation. One should never let a serious crisis go to waste.

Rethinking International Commercial Arbitration

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1786432404
Total Pages : 256 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Rethinking International Commercial Arbitration by : Gilles Cuniberti

Download or read book Rethinking International Commercial Arbitration written by Gilles Cuniberti and published by Edward Elgar Publishing. This book was released on 2017-05-26 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration is the normal and preferred mode for resolving international commercial disputes. It presents an essential advantage over national courts by offering neutrality of adjudication, but is currently only available where both parties have consented to it. This innovative book proposes a fundamental rethink of this assumption and argues that arbitration should become the default mode of resolution in international commercial disputes.

Redefining Sovereignty in International Economic Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 184731421X
Total Pages : 516 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Redefining Sovereignty in International Economic Law by : Wenhua Shan

Download or read book Redefining Sovereignty in International Economic Law written by Wenhua Shan and published by Bloomsbury Publishing. This book was released on 2008-04-21 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of state sovereignty is increasingly challenged by a proliferation of international economic instruments and major international economic institutions. States from both the south and north are re-examining and debating the extent to which they should cede control over their economic and social policies to achieve global economic efficiency in an interdependent world. International lawyers are seriously rethinking the subject of state sovereignty, in relation to the operation of the main international economic institutions, namely the WTO, the World Bank and the International Monetary Fund (IMF). The contributions in this volume, bringing together leading scholars from the developed and developing worlds, take up the challenge of debating the meaning of sovereignty and the impact of international economic law on state sovereignty. The first part looks at the issues from the perspectives of general international law, international economic law and legal theory. Part two discusses the impact of trade liberalisation on the sovereignty of both industrialised and developing states and Part three concentrates on the challenge to state sovereignty created by the proliferation of investment treaties and the significant recent growth of investment treaty based arbitration cases. Part four focuses on the domestic and international effects of international financial intermediaries and markets. Part five explores the tensions and intersections between the international regulation of trade and investment, international human rights and state sovereignty

Protection of Legitimate Expectations in Investment Treaty Arbitration

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

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

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