Latin America and international investment law

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Author :
Publisher : Manchester University Press
ISBN 13 : 1526155060
Total Pages : 372 pages
Book Rating : 4.5/5 (261 download)

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Book Synopsis Latin America and international investment law by : Sufyan Droubi

Download or read book Latin America and international investment law written by Sufyan Droubi and published by Manchester University Press. This book was released on 2022-04-12 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latin America has been a complex laboratory for the development of international investment law. While some governments and non-state actors have remained true to the Latin American tradition of resistance towards the international investment law regime, other governments and actors have sought to accommodate said regime in the region. Consequently, a profusion of theories and doctrines, too often embedded in clashing narratives, has emerged. In Latin America, the practice of international investment law is the vivid amalgamation of the practice of governments sometimes resisting and sometimes welcoming mainstream approaches; the practice of lawyers assisting foreign investors from outside and within the region; and the practice of civil society, indigenous peoples and other actors in their struggle for human rights and sustainable development. Latin America and international investment law describes the complex roles that governments have played vis-à-vis foreign investors and investments; the refreshing but clashing forces that international organizations, corporations, civil society, and indigenous peoples have brought to the field; and the contribution that Latin America has made to the development of the theory and practice of international investment law, notably in fields in which the Latin American experience has been traumatic: human rights and sustainable development. Latin American scholars have been contributing to the theory of international investment law for over a century; resting on the shoulders of true giants, this volume aims at pushing this contribution a little further.

The Calvo Doctrine and the Hull Formula

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Publisher : Book Venture Publishing LLC
ISBN 13 : 1640691219
Total Pages : 74 pages
Book Rating : 4.6/5 (46 download)

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Book Synopsis The Calvo Doctrine and the Hull Formula by : Ahmed Kamal El-Din Izzeddin

Download or read book The Calvo Doctrine and the Hull Formula written by Ahmed Kamal El-Din Izzeddin and published by Book Venture Publishing LLC. This book was released on 2017-04-30 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, initially an LLM dissertation at the University of Liverpool, UK, analyses the Calvo Doctrine, which culminated from propositions by Carlos Calvo (1824 – 1906). It compares this Doctrine to the Hull Formula, developed by US Secretary of State Cordell Hull during 1930s exchanges with Mexico in defence of US foreign investors’ rights. The author submits that despite their apparent contrast, much aspects of harmony exist between the Calvo Doctrine and Hull Formula, which would enhance certainty in the international law of foreign investment, thereby benefiting global investment business, jurisprudence, arbitral practice and legal academia.

The Fictions of Latin American Law and their Strategic Uses

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Publisher : Cambridge University Press
ISBN 13 : 1107178398
Total Pages : 301 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Fictions of Latin American Law and their Strategic Uses by : Jorge L. Esquirol

Download or read book The Fictions of Latin American Law and their Strategic Uses written by Jorge L. Esquirol and published by Cambridge University Press. This book was released on 2019-11-21 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenges the distorted hegemonic accounts of Latin American law and reveals their geopolitical and economic consequences in the world today.

International Dispute Resolution in Latin America

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041124616
Total Pages : 442 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Dispute Resolution in Latin America by : Christian Leathley

Download or read book International Dispute Resolution in Latin America written by Christian Leathley and published by Kluwer Law International B.V.. This book was released on 2007-01-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: "As a complete and consolidated text on the bilateral, multilateral and sub-regional institutions that operate in Latin America and the Caribbean, International Dispute Resolution in Latin America: An Institutional Overview will be of great interest to corporate counsel, international lawyers, and business people, as well as to students of international dispute resolution and international affairs. Public officials in the region will appreciate the book's assistance in enabling them to decipher the institutional labyrinth which currently exists in Latin America."--BOOK JACKET.

Indirect Expropriation in International Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1782544119
Total Pages : 295 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis Indirect Expropriation in International Law by : Sebastián López Escarcena

Download or read book Indirect Expropriation in International Law written by Sebastián López Escarcena and published by Edward Elgar Publishing. This book was released on 2014-02-28 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: When does a state measure become subject to compensation as an indirect expropriation under international law? The author examines claims of indirect takings from such fora as the Iran-United States Claims Tribunal, the European Court of Human Rights, and arbitral panels in investment treaty arbitrations.

The Protection of Foreign Investment in Times of Armed Conflict

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Publisher :
ISBN 13 : 0198830378
Total Pages : 321 pages
Book Rating : 4.1/5 (988 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 . This book was released on 2019 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign investors often sustain injuries during international armed conflicts. This book sets out to explore how effective investment treaty protections really are. It designs an analytical framework that purports to explain and evaluate how effective and appropriate the application of the investment treaty regime is in times of armed conflict.

The Oxford Handbook of the History of International Law

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Publisher : Oxford University Press
ISBN 13 : 0199599750
Total Pages : 1269 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Oxford Handbook of the History of International Law by : Bardo Fassbender

Download or read book The Oxford Handbook of the History of International Law written by Bardo Fassbender and published by Oxford University Press. This book was released on 2012-11 with total page 1269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook provides an authoritative and original overview of the origins of public international law. It analyses the modern history of international law from a global perspective, and examines the lives of those who were most responsible for shaping it.

The Principle of National Treatment in International Economic Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1783471220
Total Pages : 347 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis The Principle of National Treatment in International Economic Law by : Anselm Kamperman Sanders

Download or read book The Principle of National Treatment in International Economic Law written by Anselm Kamperman Sanders and published by Edward Elgar Publishing. This book was released on 2014-10-31 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of national treatment, or the non-discrimination clause, is a principle that applies across many fields of international economic law. This book offers a unique horizontal examination of the principle as it applies within international tr

Encounters between Foreign Relations Law and International Law

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Publisher : Cambridge University Press
ISBN 13 : 1108837743
Total Pages : 417 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Encounters between Foreign Relations Law and International Law by : Helmut Philipp Aust

Download or read book Encounters between Foreign Relations Law and International Law written by Helmut Philipp Aust and published by Cambridge University Press. This book was released on 2021-06-03 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fresh look at the bridges and boundaries between foreign relations law and public international law.

Host State Circumstances and Absolute Standards of Protection in International Investment Law

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Author :
Publisher : Nomos Verlag
ISBN 13 : 3748932790
Total Pages : 250 pages
Book Rating : 4.7/5 (489 download)

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Book Synopsis Host State Circumstances and Absolute Standards of Protection in International Investment Law by : Johanna Braun

Download or read book Host State Circumstances and Absolute Standards of Protection in International Investment Law written by Johanna Braun and published by Nomos Verlag. This book was released on 2022-10-28 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dieses Werk beschäftigt sich mit den sogenannten "absoluten" Schutzstandards im internationalen Investitionsschutzrecht: dem Fair and Equitable Treatment (FET) und dem Full Protection and Security (FPS) Standard. Es bearbeitet die Frage, ob außergewöhnliche Umstände im Gaststaat einen Einfluss auf die Auslegung dieser Standards haben. Zu diesem Zweck untersucht die Autorin die normativen Grundlagen beider Standards, einschließlich des jeweiligen Wortlauts, Systematik und Zweck, bevor die bestehende Schiedsgerichtspraxis analysiert wird. .

International Arbitration in Latin America

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Publisher : Springer
ISBN 13 : 9789041118219
Total Pages : 0 pages
Book Rating : 4.1/5 (182 download)

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Book Synopsis International Arbitration in Latin America by : Nigel Blackaby

Download or read book International Arbitration in Latin America written by Nigel Blackaby and published by Springer. This book was released on 2003-01-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last few years, even months, have seen radical changes in commercial arbitration in almost every Latin American jurisdiction. International Arbitration in Latin America is a first of its kind publication that provides the lawyer, arbitrator, and businessperson with a thorough overview of the current status of international arbitration in the region. Freshfields Bruckhans Deringer's Nigel Blackaby, Clifford Chance's David Lindsey, and Argentine lawyer Alessandro Spinillo have joined with others in the field of arbitration in Latin America to compile the first comprehensive review of commercial arbitration in major Latin American jurisdictions as well as notable developments in the use of arbitration mechanisms contained in bilateral and multilateral investments treaties and free trade agreements. The book provides not only a detailed analysis of the law, but also insight from local practitioners into the culture of arbitration and how the law is applied. Features of the book include a comprehensive and thorough overview of commercial arbitration in Latin America; a detailed analysis of the law and insight from local practitioners from Argentina, Brazil, Chile, Colombia, Ecuador, Mexico, Peru, and Venezuela; a brief look at the rules and peculiarities of the proposed Mercosur International Commercial Arbitration Agreements entered into by Argentina, Brazil, Paraguay, Uruguay, Bolivia, and Chile, whose eventual ratification and coming into force is contemplated; an examination concerning the adoption of arbitration as a method of dispute resolution for investors against states under bilateral investment treaties, over 300 of which have now been signed in the region; the text of the key sections of the international conventions to which reference is made (Panama Convention, NAFTA, Mercosur); and it also describes the increasing use of alternative dispute resolution in Latin America and how it might be best used as a complement for arbitration proceedings, with an emphasis on complex projects where staged dispute resolution might be appropriate.

Contemporary Issues in International Arbitration and Mediation

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004230122
Total Pages : 507 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Contemporary Issues in International Arbitration and Mediation by : Arthur W. Rovine

Download or read book Contemporary Issues in International Arbitration and Mediation written by Arthur W. Rovine and published by Martinus Nijhoff Publishers. This book was released on 2012-07-25 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: These are the 2011 Fordham papers, the fifth annual volume of papers on international arbitration and mediation taken from the conference held at the Fordham Law School in New York City. The papers focus on both practical considerations and scholarly analyses.

International Commercial Arbitration and African States

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Publisher : Cambridge University Press
ISBN 13 : 9780521641326
Total Pages : 640 pages
Book Rating : 4.6/5 (413 download)

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Book Synopsis International Commercial Arbitration and African States by : Amazu A. Asouzu

Download or read book International Commercial Arbitration and African States written by Amazu A. Asouzu and published by Cambridge University Press. This book was released on 2001-10-18 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Commercial Arbitration and African States is a timely assessment of the arbitral process in the African context. The book focuses on the contribution that arbitration, and other methods of alternative dispute resolution, may make to the development of African states and peoples, while satisfying the legitimate expectations of inward investors and traders. Although focusing on dispute resolution regimes affecting or concerning African states and their nationals, the work will also have practical, policy and comparative implications for dispute resolution, commercial arbitration and foreign investment in other regions.

International Development Law

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Publisher : Oxford University Press, USA
ISBN 13 : 0198835094
Total Pages : 993 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis International Development Law by : Petra Minnerop

Download or read book International Development Law written by Petra Minnerop and published by Oxford University Press, USA. This book was released on 2019 with total page 993 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together articles on international development law from the Max Planck Encyclopedia of Public International Law, the definitive reference work on international law. It provides an invaluable resource for scholars, students, and practitioners of international development law, giving an accessible, thorough overview of all aspects of the field. Each article contains cross-references to related articles, and includes a carefully selected bibliography of the most important writings and primary materials as a guide to further reading. The Encyclopedia can be used by a wide range of readers. Experienced scholars and practitioners will find a wealth of information on areas that they do not already know well as well as in-depth treatments on every aspect of their specialist topics. Articles can also be set as readings for students on taught courses.

Odious Debt

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Publisher : Oxford University Press
ISBN 13 : 0192888307
Total Pages : 265 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Odious Debt by : Edward Jones Corredera

Download or read book Odious Debt written by Edward Jones Corredera and published by Oxford University Press. This book was released on 2024-10-21 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are fallen tyrants owed? What makes debt illegitimate? And when is bankruptcy moral? Drawing on new archival sources, this book shows how Latin American nations have wrestled with the morality of indebtedness and insolvency since their foundation, and outlines how their history can shed new light on contemporary global dilemmas. With a focus on the early modern Spanish Empire and modern Mexico, Colombia, and Argentina, and based on archival research carried out across seven countries, Odious Debt studies 400 years of history and unearths overlooked congressional debates and understudied thinkers. The book shows how discussions on the morality of debt and default played a structuring role in the construction and codification of national constitutions, identities, and international legal norms in Latin America. This new history of the moral economy of the Hispanic World from the 1520s to the 1920s illuminates contemporary issues in international law and international relations. Latin American jurists developed a global critique of economics and international law that continues to generate pressing questions about debt, bankruptcy, reparations, and the pursuit of a moral global economy.

Re-Politicising International Investment Law in Latin America through the Duty to Regulate Paradigm

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Author :
Publisher : Springer Nature
ISBN 13 : 303073272X
Total Pages : 285 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Re-Politicising International Investment Law in Latin America through the Duty to Regulate Paradigm by : María José Luque Macías

Download or read book Re-Politicising International Investment Law in Latin America through the Duty to Regulate Paradigm written by María José Luque Macías and published by Springer Nature. This book was released on 2021-05-22 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers insights into how international investment law (IIL) has frustrated states’ protection of human rights in Latin America, and IIL has generally abstained from dealing with inter-regime frictions. In these circumstances, this study not only argues that IIL should be an object of contention and debate (‘politicisation’). It also contends that Latin American countries have traditionally been the frontrunners in the politicisation of international legal instruments protecting foreign investment, questioning whether the paradigms informing their claims’ articulation are adequate to frame this debate. It demonstrates that the so-called ‘right to regulate’ is the paradigm now prevalently used to challenge IIL, but that it is inadequate from a human rights perspective. Hence, the book calls for a re-politicisation of IIL in Latin America through a re-conceptualization of how states’ regulation of foreign investment is understood under international human rights law, which entails viewing it as an international duty. After determining what the ‘duty to regulate’ constitutes in relation to the right to water and indigenous peoples’ right to lands based on human rights doctrine, the book analyses the extent to which Latin American countries are currently re-politicising IIL through an articulation of this international duty, and arbitral tribunals’ responses to their argumentative strategies. Based on these findings, the book not only proposes investment treaties’ reform to anchor the ‘duty to regulate’ paradigm in IIL, and in the process, to induce tribunals’ engagement with human rights arguments when they come to underpin respondent states’ defences in investor-state dispute settlement (ISDS). In addition, drawing upon the (now likely defunct) idea of creating a regional ISDS tribunal, the book briefly reflects on options available to such a tribunal in terms of dealing with troubling normative/institutional interactions between regimes during ISDS proceedings.

International Investment Law at the Juncture

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Author :
Publisher : Springer Nature
ISBN 13 : 9819721830
Total Pages : 255 pages
Book Rating : 4.8/5 (197 download)

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Book Synopsis International Investment Law at the Juncture by : Shen Wei

Download or read book International Investment Law at the Juncture written by Shen Wei and published by Springer Nature. This book was released on with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: