Shifting Paradigms In International Investment Law

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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: A Changing Landscape A Companion Volume to International Investment Perspectives

Author : OECD
Publisher : OECD Publishing
ISBN 13 : 926401165X
Total Pages : 166 pages
Book Rating : 4.2/5 (64 download)

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Book Synopsis International Investment Law: A Changing Landscape A Companion Volume to International Investment Perspectives by : OECD

Download or read book International Investment Law: A Changing Landscape A Companion Volume to International Investment Perspectives written by OECD and published by OECD Publishing. This book was released on 2005-09-06 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents four studies on international investment law: one on transparency, one on the fair and equitable treatment standard, one on indirect expropriation and the right to regulate, and one on most favoured nation treatment.

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.

The Foundations of International Investment Law

Author : Zachary Douglas
Publisher : Oxford University Press
ISBN 13 : 019968538X
Total Pages : 586 pages
Book Rating : 4.1/5 (996 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 Oxford University Press. This book was released on 2014-02 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together conceptual theories of international investment law with the practical application of the law in treaty arbitration, this book investigates the key controversies in the field. It provides a detailed examination of how a different theoretical approach would have led to a different outcome in a number of important arbitral awards.

Reassertion of Control Over the Investment Treaty Regime

Author : Andreas Kulick
Publisher :
ISBN 13 : 9781316783009
Total Pages : pages
Book Rating : 4.7/5 (83 download)

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Book Synopsis Reassertion of Control Over the Investment Treaty Regime by : Andreas Kulick

Download or read book Reassertion of Control Over the Investment Treaty Regime written by Andreas Kulick and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book identifies a paradigm shift in international investment law and enquires into how states reassert control over investment treaties.

International Investment Law

Author : Tarcisio Gazzini
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.

Shifting Paradigms in International Investment Law

Author : Steffen Hindelang
Publisher : Oxford University Press
ISBN 13 : 0191058297
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

Paradigm Shift in International Economic Law Rule-Making

Author : Julien Chaisse
Publisher : Springer
ISBN 13 : 9811067317
Total Pages : 515 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis Paradigm Shift in International Economic Law Rule-Making by : Julien Chaisse

Download or read book Paradigm Shift in International Economic Law Rule-Making written by Julien Chaisse and published by Springer. This book was released on 2017-11-13 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: The TPP was negotiated among 12 economically diverse countries, including some most highly developed and rich countries (i.e., the United States, Japan, Australia, Canada, New Zealand, and Singapore), some newly industrialized countries (i.e., Mexico and Malaysia), and some less-developed countries (i.e., Peru, Chile, and Vietnam). A new paradigm created in this context is that countries with vastly different economic developments can actually agree on a set of very high standards to regulate their economic activities, to liberalize their trade, and to protect intellectual property and foreign investment. The contents of the TPP also reflect its status of being a “new paradigm” as the “21st-Century Trade Agreement” and being a pioneer in rule making in many key regulatory areas. These include not only the improved and enhanced rules on traditional issues already covered by the WTO , such as goods, services, and IP rights, but also the carefully designed rules in areas that have never been addressed in the WTO or comprehensively covered in other FTAs , such as state-owned enterprises, electronic commerce, and labor and environmental issues. Although the United States has withdrawn from the TPP, the remaining countries are still putting efforts into establishing a TPP without the United States or a TPP with China. Economically speaking, the current 11 parties account for about 20 % of the global economy. If such agreement is put into force, there will be significant implications for the region, for the multilateral system, and even for other FTAs. The book addresses the potential of the TPP to change the ways trade and investments are conducted and argues for its potential to be the start of an international trade/economic law revolution. The book elaborates the relationship between the TPP and other existing trade agreements such as the WTO and other FTAs and explains how the TPP is to deal with traditional and new issues. Taken together, the authors argue that the implications of the TPP go beyond its current membership. It is hoped that the book will make an important contribution to the field of international economic law.

Attribution in International Investment Law

Author : Csaba Kovács
Publisher : International Arbitration Law
ISBN 13 : 9789041196750
Total Pages : 352 pages
Book Rating : 4.1/5 (967 download)

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Book Synopsis Attribution in International Investment Law by : Csaba Kovács

Download or read book Attribution in International Investment Law written by Csaba Kovács and published by International Arbitration Law. This book was released on 2018 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: About this book: Attribution in International Investment Law is the first in-depth book on attribution in international investment law analysing the treatment of attribution in applicable legal instruments and investment arbitration jurisprudence worldwide. The term 'attribution' refers to the means by which it is ascertained whether the State is involved in a dispute governed by international law. The notion of attribution is primarily used to determine if the State is responsible for the wrongful conduct of persons or entities with links to the State. In the context of international investment law, the exponentially growing arbitration jurisprudence arising from international investment agreements, especially bilateral investment treaties, reflects the extent and risk of attribution determined in investment relationships that often involve State enterprises. This book provides an extensive review of the application of special or customary rules of attribution for the purposes of State responsibility in investor-State disputes. What's in this book: The analysis responds to such questions as the following: When is a conduct attributable to the State for the purposes of its responsibility under international investment law? What legal instruments govern the question of attribution under international investment law? In what circumstances is the State the proper party to a contract entered into by a State-owned enterprise with an investor protected by an investment treaty? How can State policymakers minimise their international legal responsibility within the existing framework of attribution in international investment law? How can investors maximise their protection within the existing framework of attribution in international investment law? Also covered are the procedural treatment of attribution by investment tribunals, explication of such broad-brush wordings as 'elements of governmental authority' and 'under the direction or control' and the impact of the rise of State-owned enterprises as investors. Ongoing and future trends in the jurisprudence are also taken into account facilitating the understanding of the diversity of State organisation and the variety of ways in which State enterprises interact with foreign investors or act as foreign investors. How this will help you: A one-stop reference on the question of attribution in international investment law, the analysis extracts identifiable commonalities among instruments and rulings, turning them into useful practice tools. This book will prove to be an invaluable instrumental reference tool for practitioners advising States or investors in investment disputes. Providing practical guidance as to the circumstances in which an act or omission is attributable to a State in international investment law, this book will be welcomed by arbitrators, in-house counsel for companies doing transnational business and international arbitration centres, and by academics in international arbitration.

The Origins of International Investment Law

Author : Kate Miles
Publisher : Cambridge University Press
ISBN 13 : 1107435234
Total Pages : 560 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis The Origins of International Investment Law by : Kate Miles

Download or read book The Origins of International Investment Law written by Kate Miles and published by Cambridge University Press. This book was released on 2013-10-24 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is a complex and dynamic field. Yet, the implications of its history are under explored. Kate Miles examines the historical evolution of international investment law, assessing its origins in the commercial and political expansionism of dominant states during the seventeenth to early twentieth centuries and the continued resonance of those origins within modern foreign investment protection law. In particular, the exploration of the activities of the Dutch East India Company, Grotius' treatises, and pre-World War II international investment disputes provides insight into current controversies surrounding the interplay of public and private interests, the systemic design of investor-state arbitration, the substantive focus of principles, and the treatment of environmental issues within international investment law. In adopting such an approach, this book provides a fresh conceptual framework through which contemporary issues can be examined and creates new understandings of those controversies.

Integrating Sustainable Development in International Investment Law

Author : Manjiao Chi
Publisher : Routledge
ISBN 13 : 1317284224
Total Pages : 191 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Integrating Sustainable Development in International Investment Law by : Manjiao Chi

Download or read book Integrating Sustainable Development in International Investment Law written by Manjiao Chi and published by Routledge. This book was released on 2017-10-10 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current international investment law system is insufficiently compatible with sustainable development. To better address sustainable development concerns associated with transnational investment activities, international investment agreements should be made more compatible with sustainable development. Integrating Sustainable Development in International Investment Law presents an important systematic study of the issue of sustainable development in the international investment law system, using conceptual, normative and governance perspectives to explore the challenges and possible solutions for making international investment law more compatible with sustainable development. Chi suggests that to effectively address the sustainable development concerns associated with transnational investment activities, the international investment agreements system should be reformed. Such reform should feature redesigning the provisions of the agreements, improving the structure of international investment agreements, strengthening the function of soft law, engaging non-state actors and enhancing the dispute settlement mechanism. The book is primarily aimed at national and international treaty and policy-makers, lawyers and scholars. It is also suitable for graduate students studying international law and policy-making.

Beyond Human Rights

Author : Anne Peters
Publisher : Cambridge University Press
ISBN 13 : 1107164303
Total Pages : 645 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Beyond Human Rights by : Anne Peters

Download or read book Beyond Human Rights written by Anne Peters and published by Cambridge University Press. This book was released on 2016-10-27 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.

Handbook of International Investment Law and Policy

Author : Julien Chaisse
Publisher : Springer
ISBN 13 : 9789811336140
Total Pages : 0 pages
Book Rating : 4.3/5 (361 download)

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Book Synopsis Handbook of International Investment Law and Policy by : Julien Chaisse

Download or read book Handbook of International Investment Law and Policy written by Julien Chaisse and published by Springer. This book was released on 2021-08-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook of International Investment Law and Policy is a one-stop reference source. This Handbook covers the main conceptual questions in a logical, scholarly yet easy to comprehend manner. It is based on a truly global vision insisting particularly on Global South related issues and developments. In this respect, the Handbook of International Investment Law and Policy provides an excellent modern treatment of international investment law which is one of the fastest growing areas of international economic law. Professor Julien Chaisse, Professor Leïla Choukroune, and Professor Sufian Jusoh are the editors-in-chief of the Handbook of International Investment Law and Policy, a 1,500-page reference book, which is anticipated becoming one of the most influenced reference books in the international economic law areas. This Handbook is a highly comprehensive set of four volumes of original materials designed to cover all facets of international investment law and policy. The chapters, written by world-leading experts, explore key ideas and debates in relation to: international investment substantive law (Volume I), Investor-state dispute settlement (Volume II); interaction between international investment law and other fields of international law (Volume III); and, the new trends and challenges for international investment law (Volume IV). The Handbook will feature more than 80 contributions from leading experts (academics, lawyers, government officials), including Vivienne Bath, M. Sornarajah, Mélida Hodgson, Rahul Donde, Roberto Echandi, Andrew Mitchell, Ernst-Ulrich Petersmann, Christina L. Beharry, Krista Nadakavukaren Schefer, Leon Trakman, Prabhash Ranjan, Emmanuel Jacomy, Mariel Dimsey, Stavros Brekoulakis, Romesh Weeramantry, Nathalie Bernasconi-Osterwalder, David Collins, Damilola S. Olawuyi, Katia Fach Gomez, Jaemin Lee, Alejandro Carballo-Leyda, Patrick W. Pearsall, Mark Feldman, Surya Deva, Luke Nottage, Rafael Leal-Arcas, James Nedumpara, Rodrigo Polanco, etc. This Handbook will be an essential reference tool for students and scholars of international economic law. Policy makers and researchers alike will find the Handbook of International Investment Law and Policy useful for years to come.

International Investment Law

Author : Marc Bungenberg
Publisher : Hart Pub Limited
ISBN 13 : 9781849463638
Total Pages : 2000 pages
Book Rating : 4.4/5 (636 download)

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Book Synopsis International Investment Law by : Marc Bungenberg

Download or read book International Investment Law written by Marc Bungenberg and published by Hart Pub Limited. This book was released on 2014-11-30 with total page 2000 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is a subject of growing importance and complexity. Anyone interested in international investment law will appreciate the comprehensive, thoughtful and detailed exploration of this area which this distinguished group of German scholars have provided.

The Protection of Foreign Investment in Times of Armed Conflict

Author : Jure Zrilic
Publisher : Oxford University Press
ISBN 13 : 0192566059
Total Pages : 272 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Protection of Foreign Investment in Times of Armed Conflict by : Jure Zrilic

Download or read book The Protection of Foreign Investment in Times of Armed Conflict written by Jure Zrilic and published by Oxford University Press. This book was released on 2019-10-17 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign investors often sustain injuries during violent situations, such as riots, revolutions, civil wars, and international armed conflicts. There is a great deal of uncertainty about how effective investment treaty protections are in volatile times, how they relate to other applicable legal frameworks, and how they affect the state security policy and the post-conflict transition to peace. This book explores how foreign investment is protected in times of armed conflict under the investment treaty regime. It does so by combining insights from different areas of international law, including international investment law, international humanitarian law, international human rights law, the law of state responsibility, and the law of treaties. While the protections have evolved over time, with the investment treaty regime providing the strongest legal framework for protecting investors yet, there has been an apparent shift in treaty practice towards safeguarding a state's security interests. Jure Zrilic identifies and analyses the flaws in the existent normative framework, but also highlights the potential that investment treaties have for minimising the devastating effects of armed conflict. The book offers an analytical framework for assessing the investment treaty regime in times of armed conflict, distinguishing between different paradigms and different types of conflicts. Crucially, he argues that a new approach is needed to appropriately balance the competing interests of host states and investors when it comes to investment protection in armed conflicts.

Prospects in International Investment Law and Policy

Author : Roberto Echandi
Publisher : Cambridge University Press
ISBN 13 : 1107035864
Total Pages : 495 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Prospects in International Investment Law and Policy by : Roberto Echandi

Download or read book Prospects in International Investment Law and Policy written by Roberto Echandi and published by Cambridge University Press. This book was released on 2013-04-18 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: Addresses the most central debates in contemporary investment law and policy.

EU Human Rights, International Investment Law and Participation

Author : Vivian Kube
Publisher : Springer
ISBN 13 : 3030206076
Total Pages : 329 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis EU Human Rights, International Investment Law and Participation by : Vivian Kube

Download or read book EU Human Rights, International Investment Law and Participation written by Vivian Kube and published by Springer. This book was released on 2019-08-02 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates how human rights obligations of the EU foreign constitution can be operationalized in the realm of international economic regulation. The content is divided into three major parts. The first outlines the legal foundations needed for the EU to become a shaper of international investment law, which include the general principles and objectives of EU external policies, the Charter of Fundamental Rights, international human rights and the international investment competences of the EU. The second part demonstrates the current international investment regime’s incompatibility with human rights interests, while the third analyzes two mechanisms stemming from trade Law – ex-ante human rights impact assessments and civil society monitoring bodies – and explores whether they could mitigate the current inequalities in the protection of rights. The potential of these mechanisms, the book argues, lies in their capacity to ensure a comprehensive assessment of all interests at stake, and to empower traditionally marginalized rights-holders to make, shape and contest the international investment regime.