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Settlement Of Investment Disputes Under The Energy Charter Treaty
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Book Synopsis Settlement of Investment Disputes under the Energy Charter Treaty by : Thomas Roe
Download or read book Settlement of Investment Disputes under the Energy Charter Treaty written by Thomas Roe and published by Cambridge University Press. This book was released on 2011-04-14 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Energy Charter Treaty has come of age, with almost 50 States parties and a small but growing body of arbitral case law. In this new study of the Treaty's investment protection provisions, Thomas Roe and Matthew Happold set out to identify and explain the Treaty's principal provisions and to suggest answers to some of the difficult problems thrown up by its drafting. They discuss in detail questions such as the standards of protection granted by the Treaty and the international responsibility of States for breaches of the Treaty, the various procedures available for the vindication of rights under the Treaty and the conditions to be satisfied before a claimant's complaint may be considered on the merits. Specific issues addressed include the impact of EU law on claims under the Treaty and the Treaty's provisions concerning taxation.
Book Synopsis Investment Protection and the Energy Charter Treaty by : Graham Coop
Download or read book Investment Protection and the Energy Charter Treaty written by Graham Coop and published by Juris Publishing, Incorporated. This book was released on 2008 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty by : Graham Coop
Download or read book Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty written by Graham Coop and published by Juris Publishing, Inc.. This book was released on 2011-06-01 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty is a compilation of written contributions prepared in the context of a conference organized by the Energy Charter Secretariat, in cooperation with five other well-known legal institutions (the Arbitration Institute of the Stockholm Chamber of Commerce, the British Institute of International and Comparative Law, the International Centre for Settlement of Investment Disputes, the International Chamber of Commerce and the Permanent Court of Arbitration). This highly successful conference took place in Brussels in October 2009. Energy Dispute Resolution: Investment Protection, Transit and the Energy Charter Treaty focuses on investment arbitration under the Energy Charter Treaty (or ECT) and on transit dispute resolution under the ECT. Part I consists of a review of awards, decisions and other developments in ECT investment arbitrations, of which nearly 30 were in the public domain as of 1 January 2011. Part II deals with the relationship between bilateral investment treaties, the ECT as a multilateral investment treaty, and European Union (EU) law, and addresses the question of whether conflict between these legal systems is inevitable. In Part III, the book reviews the highly developed provisional application mechanism of the ECT, particularly in relation to Russia, which signed the ECT in 1994 but has never ratified it. Part IV deals with the energy transit provisions of the ECT and the Treaty’s potential application with respect to East-West energy transit and supply disputes. The book also contains an Editor’s Preface, introductory and closing remarks, a table of contents, a detailed index, and an Appendix in the form of a CD-ROM containing the rules of arbitration of the three international arbitration mechanisms provided by the ECT (ICSID, SCC and ad hoc UNCITRAL arbitration). The book is of international application, particularly within the 51-country Energy Charter constituency (Western, Central and Eastern Europe, the former Soviet Union, Japan, Turkey, Mongolia and Australia), but is relevant to energy and international arbitration lawyers worldwide.
Book Synopsis Investment Arbitration and the Energy Charter Treaty by : Clarisse Ribeiro
Download or read book Investment Arbitration and the Energy Charter Treaty written by Clarisse Ribeiro and published by Juris Publishing, Incorporated. This book was released on 2006 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Settlement of Investment Disputes under the Energy Charter Treaty by : Thomas Roe
Download or read book Settlement of Investment Disputes under the Energy Charter Treaty written by Thomas Roe and published by Cambridge University Press. This book was released on 2011-04-14 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Treaty-based investment arbitration is becoming increasingly important in international commerce, with the vast majority of such investment cases being filed within the past three years. The issues associated with investment arbitration are therefore of growing interest not only to governments but also to the business and legal communities. Within this overall picture, the Energy Charter Treaty occupies a singular position, providing a unique multilateral investment protection regime for the energy sector. This book seeks to provide practical guidance to the complex operation of the Treaty.
Book Synopsis The Energy Charter Treaty by : PROF. DR KAJ. HOBER
Download or read book The Energy Charter Treaty written by PROF. DR KAJ. HOBER and published by Oxford University Press, USA. This book was released on 2020 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed article-by-article commentary on the Energy Charter Treaty, including coverage and analysis of the Treaty's history, background, jurisprudence, and reference to relationships with other treaties.
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.
Book Synopsis The Resolution of International Investment Disputes by : Mariel Dimsey
Download or read book The Resolution of International Investment Disputes written by Mariel Dimsey and published by Eleven International Publishing. This book was released on 2008 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work deals with the current state of investment dispute resolution and analyzes the problems associated with investor-state arbitration. The author examines developments in the existing legal framework and looks at the mechanisms under existing domestic and international systems - such as judicial review and class actions - to see if these can be applied to investment dispute resolution. The author concludes that the features of traditional arbitration are not flexible enough to meet the needs of this modern form of international dispute resolution. Investment arbitration is now entering a new phase of its development. The traditional, typically arbitration-related issues of consent, privity, and confidentiality are making room for the now more important questions of disclosure, transparency, legal certainty, and consistency. The author calls for setting up a "model procedure," specifically created for international investment disputes as this would enable the establishment of a "tailor-made" process for this ever-growing area of law.
Book Synopsis Investment Governance between the Energy Charter Treaty and the European Union by : Ottavio Quirico
Download or read book Investment Governance between the Energy Charter Treaty and the European Union written by Ottavio Quirico and published by BRILL. This book was released on 2021-07-05 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against the background of climate change, Ottavio Quirico explores how regulatory conflicts between the Energy Charter Treaty and the law of the European Union should be resolved.
Book Synopsis Investment Arbitration Under the Energy Charter Treaty by : Thomas W. Waelde
Download or read book Investment Arbitration Under the Energy Charter Treaty written by Thomas W. Waelde and published by . This book was released on 1997 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Christoph Schreuer (juriste) Publisher :Cambridge University Press ISBN 13 :0521885590 Total Pages :1599 pages Book Rating :4.5/5 (218 download)
Book Synopsis The ICSID Convention by : Christoph Schreuer (juriste)
Download or read book The ICSID Convention written by Christoph Schreuer (juriste) and published by Cambridge University Press. This book was released on 2009 with total page 1599 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID).
Book Synopsis Arbitrating Foreign Investment Disputes by : Norbert Horn
Download or read book Arbitrating Foreign Investment Disputes written by Norbert Horn and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cross-border direct investment constitutes a substantial sector of the international financial market and is also an important vehicle for the transfer of technology and the modernisation of national economies. In recent years, international arbitration has gained a prominent role as a means of settlement of foreign investment disputes. The number and size of investment disputes under arbitration have risen significantly due to the growing number of bilateral investment treaties and increased use of arbitration under multilateral investment treaties. Arbitrating such disputes requires specialised skills and arbitrators with international experience. This new title, featuring contributions from leading experts in the field, deals with the procedural and substantive legal aspects of arbitrating foreign investment disputes. The chapters cover the basic framework of investment protection, the key notions of investment protection and examples and crucial aspects of arbitrating foreign investment disputes. For those involved with international investment arbitration, including practising lawyers, anyone doing business abroad and academics Arbitrating Foreign Investment Disputes: Procedural and Substantive Legal Aspects will provide high level analysis and accurate legal updates and assessments from around the world.
Book Synopsis Guide to ICSID Arbitration by : Lucy Reed
Download or read book Guide to ICSID Arbitration written by Lucy Reed and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published in 2004.
Book Synopsis The Investor-State Dispute Settlement System by : Alan M. Anderson
Download or read book The Investor-State Dispute Settlement System written by Alan M. Anderson and published by Kluwer Law International B.V.. This book was released on 2020-11-27 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investor-State disputes are increasing and damage awards are often significant. It is thus no surprise that the investor-State dispute settlement (ISDS) system has come under scrutiny. Perceptions have arisen that ISDS is inconsistent, lacks transparency, and is simply unfair. This book delves into the ongoing worldwide debate and discussions regarding the ISDS system. Drawing contributors from around the world, the authors provide insights on critical topics and address the key question facing the ISDS system and the international community it serves: Should the present ISDS system be reformed, replaced, or simply remain as is? The contributors represent points of view ranging from academia to practice to governmental entities, addressing such topics as: the possible consequences of wholesale replacement or elimination of the current ISDS system; mediation as an alternative to resolve ISDS disputes; the creation of a multinational investment court or appellate review mechanism; lack of an early dismissal mechanism to eliminate meritless claims; issues regarding arbitrators, including their appointment and ethical obligations; how investors may retain their right to pursue claims for violations of investment protection following termination of an agreement; a State’s right to assert a counterclaim against an investor-claimant; the role of ISDS in promoting and protecting renewable energy production; the liability of State-controlled entities; the effects and implications of third-party funding; the duty to mitigate damages in the light of excessive damages awards; and improvements and issues relating to post-award enforcement, duration, and cost of ISDS. This book considers the ongoing deliberations and reform measures proposed by UNCITRAL’s Working Group III and provides insights into how several geographic regions and economic cooperation areas have sought to address the question of reform of the ISDS system, including the European Union, the Middle East, and the new United States-Mexico-Canada Agreement. With its much-needed and deeply informed balancing of investor and State rights and duties, this book will be welcomed by all who practise in the ISDS field, including arbitrators, State governments and non-governmental organizations, regional economic organizations, and international investors.
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.
Book Synopsis Legitimacy and International Courts by : Nienke Grossman
Download or read book Legitimacy and International Courts written by Nienke Grossman and published by Cambridge University Press. This book was released on 2018-02-22 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.
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.
