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The International Investment Regime And Foreign Investors Rights
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Book Synopsis Law and Practice of Investment Treaties by : Andrew Paul Newcombe
Download or read book Law and Practice of Investment Treaties written by Andrew Paul Newcombe and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focuses on the substantive protections accorded to investors and investments and on the variations among jurisdictions. Among the many specific issues and topics that arise in the course of the discussion are the following: - problems of transparency and conflict of interest; - the recent growth in IIAs between and among developing nations; - the effect of new model bilateral investment treaties (BITs); - the ability of non-disputing parties to participate in investor-state arbitration; - theories of the interaction of foreign direct investment (FDI) and BITs; - investor-state arbitration as an evasion of public regulatory authority; - the role of investment funds in international investment; - 'fork in the road' provisions; and - institutional versus ad hoc arbitration. International business and other investors will greatly appreciate the in-depth information and insightful guidance in this solidly useful book. It will also be welcomed by jurists and students as a significant milestone in the development of principles in a quickly growing field of practice that is still plagued with inconsistencies.
Book Synopsis Principles of International Investment Law by : Rudolf Dolzer
Download or read book Principles of International Investment Law written by Rudolf Dolzer and published by Oxford University Press. This book was released on 2022-01-13 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor-State arbitration. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students, scholars, and practitioners alike.
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 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the origins of international investment law and their continued resonance in the twenty-first century.
Book Synopsis International Investment Law and Comparative Public Law by : Stephan W. Schill
Download or read book International Investment Law and Comparative Public Law written by Stephan W. Schill and published by Oxford University Press. This book was released on 2010-10-14 with total page 922 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.
Book Synopsis The Right to Regulate in International Investment Law by : Aikaterini Titi
Download or read book The Right to Regulate in International Investment Law written by Aikaterini Titi and published by . This book was released on 2014-04-30 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: La 4e de couverture indique : "Since the inception of the international investment law system, investment promotion and protection have been the raison d'être of investment treaties and states have confined their policy space in order to attract foreign investment and protect their investors abroad. Languishing in relative obscurity until recently, the right to regulate has gradually come to the spotlight as a key component of negotiations on new generation investment agreements around the globe. States and regional organisations, including, notably, the European Union and the United States, have started to examine ways in which to safeguard their regulatory power and guide - and delimit - the interpretive power of arbitral tribunals, by reserving their right to pursue specific public policy objectives. The monograph explores the status quo of the right to regulate, in order to offer an appraisal and a reference tool for treatymakers, thus contributing to a better understanding of the concept and the broader discourse on how to enhance the investment law system's legitimacy."
Book Synopsis Investment Treaties and the Legal Imagination by : Nicolás M. Perrone
Download or read book Investment Treaties and the Legal Imagination written by Nicolás M. Perrone and published by Oxford University Press, USA. This book was released on 2021-02-11 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings a new perspective to the subject of international investment law, by tracing the origins of foreign investor rights. It shows how a group of business leaders, bankers, and lawyers in the mid-twentieth century paved the way for our current system of foreign investment relations, and the investor-state dispute settlement mechanism.
Book Synopsis Building International Investment Law by : Meg Kinnear
Download or read book Building International Investment Law written by Meg Kinnear and published by Kluwer Law International B.V.. This book was released on 2015-12-22 with total page 723 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by an expert on the chapter’s particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analyzing what the case held, how it has been applied, and its overall significance to the development of international investment law. These topics include: - applicable law; - res judicata in investor-State arbitration; - notion of investment; - investor nationality; - consent to arbitration; - substantive standards of treatment; - consequences of corruption in investor-State arbitration; - State defenses - counter-claims; - assessment of damages and cost considerations; - ICSID Arbitration Rule 41(5) objections; - mass claims, consolidation and parallel proceedings; - provisional measures; - arbitrator challenges; - transparency and amicus curiae; and - annulment. Because the law of international investment continues to grow in importance in an ever globalizing world, this book is more than a fitting way to mark the past fifty years and to welcome the next fifty years of development. It will prove both educational for practitioners new to the field and informative for seasoned investment lawyers. Moreover, the book itself is a landmark that will be of great value to professionals, scholars and students interested in international investment law.
Book Synopsis Permutations of Responsibility in International Law by :
Download or read book Permutations of Responsibility in International Law written by and published by BRILL. This book was released on 2019-02-11 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Permutations of Responsibility in International Law the concept of responsibility in international law is tackled from a multitude of angles. The various contributions, which emerged from the proceedings of the ILA Hellenic Branch Regional Conference (2012), examine both classical and modern issues relating to the nature of responsibility, both as responsibility for unlawful acts and liability for lawful acts, the multifariousness of actors whose actions (or omissions) may give rise to responsibility, and finally the plethora of responsibility-related issues that have emerged in different areas of international law, be it international law of the sea, trade and investment or human rights law.
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.
Book Synopsis The Political Economy of the Investment Treaty Regime by : Jonathan Bonnitcha
Download or read book The Political Economy of the Investment Treaty Regime written by Jonathan Bonnitcha and published by Oxford University Press. This book was released on 2017 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in international investment arbitration is growing and some developed and developing countries are beginning to revisit their investment treaty policies. The Political Economy of the Investment Treaty Regime synthesises and advances the growing literature on this subject by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, it asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment? Through a concise, but comprehensive, analysis, this book fills in some of the many "blind spots" of academics from different disciplines, and is the first port of call for lawyers, investors, policy-makers, and stakeholders trying to make sense of these critical instruments governing investor-state relations.
Book Synopsis Emerging Powers in the International Economic Order by : Sonia E. Rolland
Download or read book Emerging Powers in the International Economic Order written by Sonia E. Rolland and published by Cambridge University Press. This book was released on 2021-03-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The post-war liberal economic order seems to be crumbling, placing the world at an inflection point. China has emerged as a major force, and other emerging economies seek to play a role in shaping world trade and investment law. Might they band together to mount a wholesale challenge to current rules and institutions? Emerging Powers in the International Economic Order argues that resistance from the Global South and the creation of China-led alternative spaces will have some impact, but no robust alternative vision will emerge. Significant legal innovations from the South depart from the mainstream neoliberal model, but these countries are driven by pragmatism and strategic self-interest and not a common ideological orientation, nor do they intend to fully dismantle the current ordering. In this book, Sonia E. Rolland and David M. Trubek predict a more pluralistic world, which is neither the continued hegemony of neoliberalism nor a full blown alternative to it.
Book Synopsis Reconceptualizing International Investment Law from the Global South by : Fabio Morosini
Download or read book Reconceptualizing International Investment Law from the Global South written by Fabio Morosini and published by Cambridge University Press. This book was released on 2017-10-26 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows how the reform in investment regulation contributes to a broader attempt to transform the international economic order.
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.
Book Synopsis International Investment Law by : Arnaud de Nanteuil
Download or read book International Investment Law written by Arnaud de Nanteuil and published by Edward Elgar Publishing. This book was released on 2020-02-28 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book provides a complete overview of the international legal system of foreign investment protection, synthesising material from treaties, general international law, contracts and case law to demonstrate a coherent system of investment protection. Through this systematic approach, the book considers all aspects of the discipline, providing a thorough and accessible analysis.
Book Synopsis International Investment Law and Policy in Africa by : Fola Adeleke
Download or read book International Investment Law and Policy in Africa written by Fola Adeleke and published by Routledge. This book was released on 2017-09-08 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies the international investment law regime in Africa and provides a comprehensive analysis of the current treaty practices in Africa from global, regional and domestic perspectives. It develops a public interest regulation theory to highlight the role of investment regulation in sustainable development and the protection of human rights. In doing so, the book identifies seven factors that should be considered by arbitrators in resolving international investment disputes that affect the public interest. It considers how corporations can be held accountable through investment treaties in the absence of a global treaty on business and human rights while protecting the rights of investors and their investments. Furthermore, the book explores the current objectives and features of investor-state dispute settlement (ISDS) as well as the deficiencies and its intersection with the rule of law. It identifies alternatives for ISDS and the extent to which these alternatives address the objectives of attracting investment, depoliticise investment disputes, promote the rule of law and offer remedies to investors. These solutions are offered in relation to the protection of human rights, the promotion of sustainable development and the right of states to introduce domestic public interest regulation. Finally, the book takes a prospective stance and discusses future trends for dispute settlement and investment rulemaking in Africa.
Book Synopsis Human Rights in International Investment Law and Arbitration by : Pierre-Marie Dupuy
Download or read book Human Rights in International Investment Law and Arbitration written by Pierre-Marie Dupuy and published by Oxford University Press. This book was released on 2009 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.
Book Synopsis Fair and Equitable Treatment by : United Nations Conference on Trade and Development
Download or read book Fair and Equitable Treatment written by United Nations Conference on Trade and Development and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher.
