A Guide to State Succession in International Investment Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1788116615
Total Pages : 515 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis A Guide to State Succession in International Investment Law by : Patrick Dumberry

Download or read book A Guide to State Succession in International Investment Law written by Patrick Dumberry and published by Edward Elgar Publishing. This book was released on 2018-07-27 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Guide to State Succession in International Investment Law provides a comprehensive analysis of State succession issues arising in the context of international investment law. The author examines whether a successor State is bound by the investment treaties and State contracts which the predecessor State had signed with other States and foreign investors before the date of succession. Actors who are called upon to apply rules of State succession in investment arbitration cases will find this book a valuable source of practical guidance with strong theoretical foundations.

The Future of the Social Investment State

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Author :
Publisher : Routledge
ISBN 13 : 0429846657
Total Pages : 171 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis The Future of the Social Investment State by : Marius R. Busemeyer

Download or read book The Future of the Social Investment State written by Marius R. Busemeyer and published by Routledge. This book was released on 2020-04-02 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social investment is part of a strategy to modernize the European welfare states by focusing on human resource development throughout the life-course, while ensuring financial sustainability. The last decades have seen cost containment in areas such as pensions and health care, but also expansion in areas such as early childhood education, higher education and active labor market policies. This development is linked to a Social Investment (SI) approach, which should, ideally, promote a better reconciliation of work and family life, high levels of labor market productivity and strong economic growth, while also mitigating social inequality. However, institutionalization of policies that may mainly benefit the middle class has some unintended effects, such as perpetuating new inequalities and the creation of other Matthew effects. While research on the rise of the social investment state as a new paradigm of social policy-making for European welfare states has grown significantly, there are still important gaps in the literature. The chapters in this book address the controversies around social investment related to inequalities, individual preferences and the politics of social investment. This volume is therefore organized around policies, politics and outcomes. The contributing authors bring together expert knowledge and different perspectives on SI from several disciplines, with original path-breaking empirical contributions, addressing some key questions that thus far are unanswered, related to Matthew effects, inequalities, ambiguities of social investment and institutional complementarities. Furthermore, it is the first volume that covers the core policy areas of social investment: childcare, education and labour market policies. The chapters in this book were originally published in a special issue of the Journal of European Public Policy.

Introduction to Investor-State Arbitration

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041184015
Total Pages : 362 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Introduction to Investor-State Arbitration by : Yves Derains

Download or read book Introduction to Investor-State Arbitration written by Yves Derains and published by Kluwer Law International B.V.. This book was released on 2018-10-17 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today thousands of investors act globally in markets providing services, technology or capital in countries all around the world. This activity can be peacefully accomplished when both the investor and the host State know that the disputes will be resolved under the aegis of the investor-State arbitration regime, wherein an investor is provided with a direct right of action against a State, most commonly stemming from a bilateral or multilateral investment treaty. This book approaches the substantive and sometimes difficult concepts of investor-State arbitration in a clear and concise explanatory fashion. In the course of acquainting the reader with the basic legal concepts and policies of the regime, the authors address such issues as the following: • consent to jurisdiction; • State responsibility; • possible conflict of interests; • mechanisms for reviewing an award; • damages and costs; and • enforcement. The book examines a number of arbitration procedures arising from various perspectives with differing underlying assumptions while highlighting important cases. Given that investor-State arbitration is now under the public watch and facing many challenges, this remarkably clear and concise overview of the regime will prove to be of great value to in-house counsel and other practitioners, as well as to government policymakers and students.x`

The Investor-State Dispute Settlement System

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403518103
Total Pages : 441 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Investor-State Dispute Settlement System by : Alan M. Anderson

Download or read book The Investor-State Dispute Settlement System written by Alan M. Anderson and published by Kluwer Law International B.V.. This book was released on 2020-11-27 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investor-State disputes are increasing and damage awards are often significant. It is thus no surprise that the investor-State dispute settlement (ISDS) system has come under scrutiny. Perceptions have arisen that ISDS is inconsistent, lacks transparency, and is simply unfair. This book delves into the ongoing worldwide debate and discussions regarding the ISDS system. Drawing contributors from around the world, the authors provide insights on critical topics and address the key question facing the ISDS system and the international community it serves: Should the present ISDS system be reformed, replaced, or simply remain as is? The contributors represent points of view ranging from academia to practice to governmental entities, addressing such topics as: the possible consequences of wholesale replacement or elimination of the current ISDS system; mediation as an alternative to resolve ISDS disputes; the creation of a multinational investment court or appellate review mechanism; lack of an early dismissal mechanism to eliminate meritless claims; issues regarding arbitrators, including their appointment and ethical obligations; how investors may retain their right to pursue claims for violations of investment protection following termination of an agreement; a State’s right to assert a counterclaim against an investor-claimant; the role of ISDS in promoting and protecting renewable energy production; the liability of State-controlled entities; the effects and implications of third-party funding; the duty to mitigate damages in the light of excessive damages awards; and improvements and issues relating to post-award enforcement, duration, and cost of ISDS. This book considers the ongoing deliberations and reform measures proposed by UNCITRAL’s Working Group III and provides insights into how several geographic regions and economic cooperation areas have sought to address the question of reform of the ISDS system, including the European Union, the Middle East, and the new United States-Mexico-Canada Agreement. With its much-needed and deeply informed balancing of investor and State rights and duties, this book will be welcomed by all who practise in the ISDS field, including arbitrators, State governments and non-governmental organizations, regional economic organizations, and international investors.

The Return of the Home State to Investor-State Disputes

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108473385
Total Pages : 373 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Return of the Home State to Investor-State Disputes by : Rodrigo Polanco

Download or read book The Return of the Home State to Investor-State Disputes written by Rodrigo Polanco and published by Cambridge University Press. This book was released on 2019-01-10 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of home states to investment disputes and questions whether it represents a return to diplomatic protection.

The State as Investment Market

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Publisher : University of Pittsburgh Press
ISBN 13 : 0822981408
Total Pages : 308 pages
Book Rating : 4.8/5 (229 download)

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Book Synopsis The State as Investment Market by : Johan Engvall

Download or read book The State as Investment Market written by Johan Engvall and published by University of Pittsburgh Press. This book was released on 2016-09-07 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on a detailed examination of Kyrgyzstan, Johan Engvall goes well beyond the case of this single country to elaborate a broad theory of economic corruption in developing post-Soviet states regionally—as a rational form of investment market for political elites. He reveals how would-be officials invest in offices to obtain access to income streams associated with those offices. Drawing on extensive fieldwork over an eight-year period, Engvall details how these systems work and the major implications this holds for political and economic development in the region. Often identified and criticized simply as obstacles to development by scholars, Engvall instead argues that these systems must be reinterpreted in the context of a standardized and entrenched method of organizing the state. He also shows how private actors have been unsuccessful in buying preferential treatment directly from the state. Instead, public officials have become the predominant conduit to influencing policy process and monitoring the sale of protection, property rights, and other privatized "public" goods.

Entrepreneurial State

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Publisher : Anthem Press
ISBN 13 : 1783085215
Total Pages : 284 pages
Book Rating : 4.7/5 (83 download)

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Book Synopsis Entrepreneurial State by : Mariana Mazzucato

Download or read book Entrepreneurial State written by Mariana Mazzucato and published by Anthem Press. This book was released on 2015 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: List of Tables and Figures; List of Acronyms; Acknowledgements; Introduction: Thinking Big Again; Chapter 1: From Crisis Ideology to the Division of Innovative Labour; Chapter 2: Technology, Innovation and Growth; Chapter 3: Risk-Taking State: From 'De-risking' to 'Bring It On!'; Chapter 4: The US Entrepreneurial State; Chapter 5: The State behind the iPhone; Chapter 6: Pushing vs. Nudging the Green Industrial Revolution; Chapter 7: Wind and Solar Power: Government Success Stories and Technology in Crisis; Chapter 8: Risks and Rewards: From Rotten Apples to Symbiotic Ecosystems; Chapter 9: So.

The Rise of the State

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Publisher : FT Press
ISBN 13 : 0132317753
Total Pages : 305 pages
Book Rating : 4.1/5 (323 download)

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Book Synopsis The Rise of the State by : Yiannis G. Mostrous

Download or read book The Rise of the State written by Yiannis G. Mostrous and published by FT Press. This book was released on 2010-07-28 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: If you want to make money in the coming decade, you need to understand the two most powerful trends that are reshaping global markets right now: the growth of emerging economies, and the accelerating influence of sovereign wealth funds. Both trends share one crucial characteristic: they reflect the rising role of government actors, and make it more important for investors to understand geopolitics than ever before. These trends emerged well before the global financial and economic crisis, and that crisis has only strengthened them. In The Rise of the State, three leading investment advisors tell the hidden story of state investment power, and offer more than 70 specific investment recommendations you can start profiting from right now. The authors illuminate trends ranging from the new rise of Asia to the massive migration of individuals to cities worldwide - identifying implications and opportunities in areas ranging from energy to water, healthcare to education. You'll find powerful new insights into the surprising - and mostly positive - impact of sovereign wealth funds both within and outside the U.S. You'll also learn how to ride alongside these funds, understand their goals and strategies, and invest in the companies and industries they've identified as offering the greatest potential.

The Role of the State in Investor-State Arbitration

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004282254
Total Pages : 506 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Role of the State in Investor-State Arbitration by : Shaheeza Lalani

Download or read book The Role of the State in Investor-State Arbitration written by Shaheeza Lalani and published by Martinus Nijhoff Publishers. This book was released on 2015-01-08 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Edited by Shaheeza Lalani and Rodrigo Polanco Lazo, The Role of the State in Investor-State Arbitration is a collection of contributions from lawyers, arbitrators and political scientists on the development of the concept of the “State” in a field that currently presents an increasing number of controversial disputes: Investor-State Arbitration. The book analyzes the limits of the host State as a regulator, studying issues such as attribution and the role of State-Owned Enterprises and sub-State entities; the changing role of the home State in Investor-State disputes, including its direct participation in Investor-State arbitration and State to State dispute settlement; and the overall role that both home and host States can play in the improvement of Investor-State Dispute Settlement.

State Responsibility for Breaches of Investment Contracts

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Publisher : Cambridge University Press
ISBN 13 : 1108415849
Total Pages : 379 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis State Responsibility for Breaches of Investment Contracts by : Jean Ho

Download or read book State Responsibility for Breaches of Investment Contracts written by Jean Ho and published by Cambridge University Press. This book was released on 2018-10-25 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically analyses the origins, the creation, and the evolution of an international law on investment contract protection.

The Political Economy of the Investment Treaty Regime

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Publisher : Oxford University Press
ISBN 13 : 019871954X
Total Pages : 354 pages
Book Rating : 4.1/5 (987 download)

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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.

The Backlash Against Investment Arbitration

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041132023
Total Pages : 674 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Backlash Against Investment Arbitration by : Michael Waibel

Download or read book The Backlash Against Investment Arbitration written by Michael Waibel and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book, the outgrowth of a conference organized by the editors at Harvard Law School on April 19, 2008, aims to uncover the drivers behind the backlash against the current international investment regime."--Library of Congress Online Calalog.

The Investment State

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Publisher : Oxford University Press
ISBN 13 : 0190864842
Total Pages : 209 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis The Investment State by : David Stoesz

Download or read book The Investment State written by David Stoesz and published by Oxford University Press. This book was released on 2018-06-25 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historically, the welfare state of the 20th century, which was built on the foundation of an industrial economy, seems poorly adapted to a 21st-century information age. Socially, profound demographic shifts--especially an aging population, increasing numbers of women in the labor force, and surging immigration--pose challenges for traditional programs. Economically, the legacy of social entitlements, which has been addressed through deficit spending, is untenable insofar as they squeeze out essential discretionary programs. Politically, the demise of the Left, signified by Brexit, the election of Donald Trump to the presidency, and less successful populist movements in Europe and Australia, continues a conservative vector in social policy. The confluence of these factors increases the likelihood of reform of a nation's social infrastructure. The Investment State provides a template for future social policy, which can be adapted to cities, states, nations, and international trade agreements. It serves as a sequel to the author's previous book, The Dynamic Welfare State (OUP, 2016)--which included a theory of welfare state decline--by envisioning a new paradigm for social programs.

Building International Investment Law

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041161414
Total Pages : 778 pages
Book Rating : 4.0/5 (411 download)

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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 778 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.

Principles of International Investment Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 019267241X
Total Pages : 582 pages
Book Rating : 4.1/5 (926 download)

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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.

General Interests of Host States in International Investment Law

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Publisher : Cambridge University Press
ISBN 13 : 1107050235
Total Pages : 479 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis General Interests of Host States in International Investment Law by : Giorgio Sacerdoti

Download or read book General Interests of Host States in International Investment Law written by Giorgio Sacerdoti and published by Cambridge University Press. This book was released on 2014-05-29 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses bilateral treaties and regional agreements on foreign investments, focussing particularly on measures taken in the context of economic crises.

International Investment Protection of Global Banking and Finance

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403535628
Total Pages : 616 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis International Investment Protection of Global Banking and Finance by : Arif H. Ali

Download or read book International Investment Protection of Global Banking and Finance written by Arif H. Ali and published by Kluwer Law International B.V.. This book was released on 2021-09-14 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global banking and finance is a complex and specialized field with sector-specific investment forms, subject to distinctive legal and regulatory frameworks and unique types of political risk. This comprehensive guide to international investment protection in the finance and banking sector, written by acknowledged experts in the field of investor-State arbitration, provides the first in-depth discussion of how international investment law applies to investors and investments in the sector. Featuring expert guidance on the key legal protections for cross-border banking and finance investments, with complete and up-to-date coverage of investor-State cases, the analysis crystallizes a set of field-specific legal principles for the sector. In particular, the authors address the following practical aspects of investment protection in the banking and finance sector: how sector-specific forms of investment, such as loans and derivatives, impact the dispute resolution process; types of political risk that cross-border investments in the sector are likely to encounter; distinctive adverse sovereign measures that underlie disputes in the sector, including those from sovereign debt defaults and banking sector bailouts; specific treaty provisions, such as jurisdictional carve-outs and targeted exclusions; remedies available for violations of international investment protections; how monetary damages may be assessed for injury to banking and finance sector investments; the scope of financial services chapters included in certain free trade agreements; the protections available under domestic foreign investment laws; and alternative sources of protection such as political risk insurance and investment contracts. International disputes practitioners and academics, in-house counsel in the finance and banking industries, and arbitrators addressing banking and finance disputes will welcome this book for its practical guidance. With strategies for investors as well as for sovereign States to navigate the intricacies of the investment protection system, the authors’ comprehensive analysis will help ensure appropriate international protection for banking and finance sector investments, both when establishing investments and when resolving disputes. The book lays the groundwork for the future consolidation of international investment protection as a critical tool to manage the political risk confronting global banking and finance.