State Capitalism And International Investment Law

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State Capitalism and International Investment Law

Author : Panagiotis Delimatsis
Publisher : Bloomsbury Publishing
ISBN 13 : 1509962980
Total Pages : 359 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis State Capitalism and International Investment Law by : Panagiotis Delimatsis

Download or read book State Capitalism and International Investment Law written by Panagiotis Delimatsis and published by Bloomsbury Publishing. This book was released on 2023-01-26 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how State capitalism affects and reshapes international investment law. It sheds new light on the various ways States actively influence business and commercial activity globally by using sovereign investors such as state-owned enterprises and sovereign wealth funds or pension funds. With a diverse group of contributors from a broad range of countries, the book offers a fresh and timely look into the fundamentals of State capitalism, focusing in particular on its actors and processes, the contextual elements that surround it, and the new political economy that comes with it. The book is essential reading for researchers, regulators, policy makers, and practitioners interested in the different ways State capitalism challenges and changes international investment law. As geopolitical considerations increasingly affect global economic activity, delving into the intricacies of State capitalism has never been more timely.

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.

Regulation of State-Controlled Enterprises

Author : Julien Chaisse
Publisher : Springer Nature
ISBN 13 : 9811913684
Total Pages : 727 pages
Book Rating : 4.8/5 (119 download)

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Book Synopsis Regulation of State-Controlled Enterprises by : Julien Chaisse

Download or read book Regulation of State-Controlled Enterprises written by Julien Chaisse and published by Springer Nature. This book was released on 2022-08-25 with total page 727 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses actual and potential normative (whether legislative or contractual) conflicts and complex transnational disputes related to state-controlled enterprises (SCEs) operations and how they are interwoven with the problem of foreign direct investment. Moreover, SCEs also fall within the remit of international political economy, international economics and other SCE-related fields that go beyond purely legal or regulatory matters. In this connection, research on such economic and political determinants of SCE’s operations greatly informs and supplements the state of knowledge on how to best regulate cross-border aspects of SCE’s and is also be covered in this book. The book also aims to analyse the “SCE phenomenon” which includes a wide panoply of entities that have various structures with different degrees of control by states at the central or regional level, and that critically discuss the above-mentioned overlapping legal economic and political systems which can emerge under various shades of shadows casted by governmental umbrellas (i.e., the control can be exercised through ownership, right to appoint the management, and special-voting-rights). The chapters in this book are grouped, so as to address cross-border investment by and in SCE, into four coherent major parts, namely --- (i) the regulatory framework of state capitalism: laws, treaties, and contracts; (ii) economic and institutional expansion of state capitalism; (iii) the accountability of state capitalism: exploring the forms of liabilities; and (iv) regional and country perspectives. Contributions address the core theme from a broad range of SCE and international economic regulations, including but not limited to competition law, WTO law, investment law, and financial/monetary law. They also cover the new emerging generation of Free Trade Agreements (EU-Vietnam FTA, EU China investment treaty, Regional Comprehensive Economic Partnership; and the coordination between treaty systems). The book is a valuable addition and companion for courses, such as international trade law, international law of foreign investment, transnational law, international and economic development, world politics, law of preferential trade agreements, international economics, and economics of development.

The International Law on Foreign Investment

Author : M. Sornarajah
Publisher : Cambridge University Press
ISBN 13 : 0521763274
Total Pages : 555 pages
Book Rating : 4.5/5 (217 download)

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Book Synopsis The International Law on Foreign Investment by : M. Sornarajah

Download or read book The International Law on Foreign Investment written by M. Sornarajah and published by Cambridge University Press. This book was released on 2010-05-06 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a thought-provoking and authoritative text on this fast moving field of international law.

Systemic Violence of the Law

Author : Enrique Prieto-Rios
Publisher : Rowman & Littlefield
ISBN 13 : 1538157853
Total Pages : 167 pages
Book Rating : 4.5/5 (381 download)

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Book Synopsis Systemic Violence of the Law by : Enrique Prieto-Rios

Download or read book Systemic Violence of the Law written by Enrique Prieto-Rios and published by Rowman & Littlefield. This book was released on 2021-08-19 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Investment Law system (IIL) is the result of a colonial project within a capitalist system that has been influenced by developmentalism discourse and neoliberal ideology. This book shows how it has become an instrument that facilitates forms of systemic violence against so called “Third World” countries.

Regulating the Visible Hand?

Author : Benjamin L. Liebman
Publisher : Oxford University Press, USA
ISBN 13 : 0190250259
Total Pages : 481 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Regulating the Visible Hand? by : Benjamin L. Liebman

Download or read book Regulating the Visible Hand? written by Benjamin L. Liebman and published by Oxford University Press, USA. This book was released on 2016 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text examines the domestic and global consequences of Chinese state capitalism, focusing on the impact of state-owned enterprises on regulation and policy, while placing China's variety of state capitalism in comparative perspective.

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.

India and Bilateral Investment Treaties

Author : Prabhash Ranjan
Publisher : Oxford University Press
ISBN 13 : 0199097070
Total Pages : 414 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis India and Bilateral Investment Treaties by : Prabhash Ranjan

Download or read book India and Bilateral Investment Treaties written by Prabhash Ranjan and published by Oxford University Press. This book was released on 2019-04-24 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a consequence of being sued by more than 20 foreign investors, India terminated close to 60 investment treaties and adopted a new Model Bilateral Investment Treaty (BIT) purportedly to balance investment protection with the host State’s right to regulate. This book is a critical study of India’s approach towards BITs and traces their origin, evolution, and the current state of play. It does so by locating them in India’s economic policy in general and policy towards foreign investment in particular. India’s approach towards BITs and policy towards foreign investment were consistent with each other in the periods of economic nationalism (1947–1990) and economic liberalism (1991–2010). However, post 2010, India’s approach to BITs has become protectionist while India’s foreign investment policy continues to be liberal. To balance investment protection with the State’s right to regulate, India needs to evolve its BIT practice based on the twin framework of international rule of law and embedded liberalism.

State Capitalism

Author : Joshua Kurlantzick
Publisher : Oxford University Press
ISBN 13 : 0199385726
Total Pages : 287 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis State Capitalism by : Joshua Kurlantzick

Download or read book State Capitalism written by Joshua Kurlantzick and published by Oxford University Press. This book was released on 2016-03-08 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: The end of the Cold War ushered in an age of American triumphalism best characterized by the "Washington Consensus:" the idea that free markets, democratic institutions, limitations on government involvement in the economy, and the rule of law were the foundations of prosperity and stability. The last fifteen years, starting with the Asian financial crisis, have seen the gradual erosion of that consensus. Many commentators have pointed to the emergence of a powerful new rival model: state capitalism. In state capitalist regimes, the government typically owns firms in strategic industries. Not beholden to private-sector shareholders, such firms are allowed to operate with razor-thin margins if the state deems them strategically important. China, soon to be the world's largest economy, is the best known state capitalist regime, but it is hardly the only one. In State Capitalism, Joshua Kurlantzick ranges across the world--China, Thailand, Brazil, Russia, South Africa, Turkey, and more--and argues that the increase in state capitalism across the globe has, on balance, contributed to a decline in democracy. He isolates some of the reasons for state capitalism's resurgence: the fact that globalization favors economies of scale in the most critical industries, and the widespread rejection of the Washington Consensus in the face of the problems that have plagued the world economy in recent years. That said, a number of democratic nations have embraced state capitalism, and in those regimes, state-backed firms like Brazil's Embraer have enjoyed considerable success. Kurlantzick highlights the mixed record and the evolving nature of the model, yet he is more concerned about the negative effects of state capitalism. When states control firms, whether in democratic or authoritarian regimes, the government increases its advantage over the rest of society. The combination of new technologies, the perceived failures of liberal economics and democracy in many developing nations, the rise of modern kinds of authoritarians, and the success of some of the best-known state capitalists have created an era ripe for state intervention. State Capitalism offers the sharpest analysis yet of what state capitalism's emergence means for democratic politics around the world.

World Trade and Investment Law Reimagined

Author : Alvaro Santos
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.

The End of the Free Market

Author : Ian Bremmer
Publisher : Penguin
ISBN 13 : 1101429453
Total Pages : 200 pages
Book Rating : 4.1/5 (14 download)

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Book Synopsis The End of the Free Market by : Ian Bremmer

Download or read book The End of the Free Market written by Ian Bremmer and published by Penguin. This book was released on 2010-05-13 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding the rise of state capitalism and its threat to global free markets The End of the Free Market details the growing phenomenon of state capitalism, a system in which governments drive local economies through ownership of market-dominant companies and large pools of excess capital, using them for political gain. This trend threatens America's competitive edge and the conduct of free markets everywhere. An expert on the intersection of economics and politics, Ian Bremmer has followed the rise of state-owned firms in China, Russia, the Arab states of the Persian Gulf, Iran, Venezuela, and elsewhere. He demonstrates the growing challenge that state capitalism will pose for the entire global economy. Among the questions addressed: Are we on the brink of a new kind of Cold War, one that pits competing economic systems in a battle for dominance? Can free market countries compete with state capitalist powerhouses over relations with countries that have elements of both systems-like India, Brazil, and Mexico? Does state capitalism have staying power? This guide to the next big global economic trend includes useful insights for investors, business leaders, policymakers, and anyone who wants to understand important emerging changes in international politics and the global economy.

Capitalism As Civilisation

Author : Ntina Tzouvala
Publisher : Cambridge University Press
ISBN 13 : 1108497187
Total Pages : 277 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Capitalism As Civilisation by : Ntina Tzouvala

Download or read book Capitalism As Civilisation written by Ntina Tzouvala and published by Cambridge University Press. This book was released on 2020-10-29 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using the theoretical tools drawn from historical materialism and deconstruction, Tzouvala offers a comprehensive history of the standard of civilisation.

Judging the State in International Trade and Investment Law

Author : Leïla Choukroune
Publisher : Springer
ISBN 13 : 9811023603
Total Pages : 222 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis Judging the State in International Trade and Investment Law by : Leïla Choukroune

Download or read book Judging the State in International Trade and Investment Law written by Leïla Choukroune and published by Springer. This book was released on 2016-12-10 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses concerns with the international trade and investment dispute settlement systems from a statist perspective, at a time when multilateralism is deeply questioned by the forces of mega-regionalism and political and economic contestation. In covering recent case law and theoretical discussions, the book’s contributors analyze the particularities of statehood and the limitations of the dispute settlement systems to judge sovereign actors as autonomous regulators. From a democratic deficit coupled with a deficit of legitimacy in relation to the questionable professionalism, independence and impartiality of adjudicators to the lack of consistency of decisions challenging essential public policies, trade and investment disputes have proven controversial. These challenges call for a rethinking of why, how and what for, are States judged. Based on a “sovereignty modern” approach, which takes into account the latest evolutions of a globalized trade and investment law struggling to put people’s expectations at its core, the book provides a comprehensive framework and truly original perspective linking the various facets of “judicial activity” to the specific yet encompassing character of international law and the rule of law in international society. In doing so, it covers a large variety of issues such as global judicial capacity building and judicial professionalism from an international and domestic comparative angle, trade liberalisation and States' legitimate rights and expectations to protect societal values, the legal challenges of being a State claimant, the uses and misuses of imported legal concepts and principles in multidisciplinary adjudications and, lastly, the need to reunify international law on a (human) rights based approach.

Investors’ International Law

Author : Jean Ho
Publisher : Bloomsbury Publishing
ISBN 13 : 1509937927
Total Pages : 432 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Investors’ International Law by : Jean Ho

Download or read book Investors’ International Law written by Jean Ho and published by Bloomsbury Publishing. This book was released on 2021-06-03 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first book-length analysis of investor accountability under general and customary international law, international human rights law, international environmental law, international humanitarian law, as well as international investment law. International investment law is currently facing growing criticisms for its failure to address corruption, abuse, environmental damage, and other forms of investor misconduct. Reform initiatives range from the rejection of international law as a governing regime for investors, to the dramatic overhaul of investment treaties that supposedly enable investor overprotection, to the creation of a multilateral international instrument that would enable the litigation of claims against errant businesses before an international tribunal. Whether these initiatives succeed in disciplining investors remains to be seen. What these initiatives undeniably show however, is that change is warranted to counteract this lopsided investors' international law. Each chapter in the book addresses a different and underexplored dimension of investor accountability, thus offering a novel and consolidated study of international law. The book will be of immense assistance to legal practitioners, academics and policy makers involved in the design, drafting, application and reform of various international instruments addressing investor accountability.

The Oxford Handbook of Transnational Law

Author : Peer Zumbansen
Publisher : Oxford University Press
ISBN 13 : 0197547419
Total Pages : 1246 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Oxford Handbook of Transnational Law by : Peer Zumbansen

Download or read book The Oxford Handbook of Transnational Law written by Peer Zumbansen and published by Oxford University Press. This book was released on 2021 with total page 1246 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.

Evolution in Investment Treaty Law and Arbitration

Author : Chester Brown
Publisher : Cambridge University Press
ISBN 13 : 1139503618
Total Pages : 747 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Evolution in Investment Treaty Law and Arbitration by : Chester Brown

Download or read book Evolution in Investment Treaty Law and Arbitration written by Chester Brown and published by Cambridge University Press. This book was released on 2011-11-17 with total page 747 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century - and its exponential growth over the last decade - new levels of complexity, uncertainty and substantive expansion are emerging. States continue to enter into investment treaties and the number of investor-State arbitration claims continues to rise. At the same time, the various participants in investment treaty arbitration are faced with increasingly difficult issues concerning the fundamental character of the investment treaty regime, the role of the actors in international investment law, the new significance of procedure in the settlement of disputes and the emergence of cross-cutting issues. Bringing together established scholars and practitioners, as well as members of a new generation of international investment lawyers, this volume examines these developments and provides a balanced assessment of the challenges being faced in the field.

The Impact of Investment Treaty Law on Host States

Author : Mavluda Sattorova
Publisher : Bloomsbury Publishing
ISBN 13 : 1509901981
Total Pages : 348 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Impact of Investment Treaty Law on Host States by : Mavluda Sattorova

Download or read book The Impact of Investment Treaty Law on Host States written by Mavluda Sattorova and published by Bloomsbury Publishing. This book was released on 2018-02-08 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, international investment law was conceptualised as a set of norms aiming to ensure good governance for foreign investors, in exchange for their capital and know-how. However, the more recent narratives postulate that investment treaties and investor–state arbitration can lead to better governance not just for foreign investors but also for host state communities. Investment treaty law can arguably foster good governance by holding host governments liable for a failure to ensure transparency, stability, predictability and consistency in their dealings with foreign investors. The recent proliferation of such narratives in investment treaty practice, arbitral awards and academic literature raises questions as to their juridical, conceptual and empirical underpinnings. What has propelled good governance from a set of normative ideals to enforceable treaty standards? Does international investment law possess the necessary characteristics to inspire changes at the national level? How do host states respond to investment treaty law? The overarching objective of this monograph is to unpack existing assumptions concerning the effects of international investment law on host states. By combining doctrinal, empirical, comparative analysis and unveiling the emerging 'nationally felt' responses to international investment norms, the book aims to facilitate a more informed understanding of the present contours and the nature of the interplay between international investment norms and national realities.