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Author : Standard Oil Company
Publisher :
ISBN 13 :
Total Pages : 356 pages
Book Rating : 4.F/5 ( download)
Download or read book The Mexican Expropriations in International Law written by Standard Oil Company and published by . This book was released on 1938 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : August Reinisch
Publisher : Cambridge University Press
ISBN 13 : 1108882706
Total Pages : 1633 pages
Book Rating : 4.1/5 (88 download)
Download or read book International Protection of Investments written by August Reinisch and published by Cambridge University Press. This book was released on 2020-07-16 with total page 1633 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.
Author : Johanne M. Cox
Publisher : Oxford University Press, USA
ISBN 13 : 9780198804918
Total Pages : 0 pages
Book Rating : 4.8/5 (49 download)
Download or read book Expropriation in Investment Treaty Arbitration written by Johanne M. Cox and published by Oxford University Press, USA. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there has been a marked increase in the number of investors seeking compensation from states perceived to have expropriated their projects. Part of the Oxford International Arbitration Series, this book provides a comprehensive guide to expropriation and how it is applied in practice. The book begins by introducing the law of expropriation from a historical standpoint, charting some of the key decisions in the history of expropriation and how it has evolved to become an accepted principle in international law today. It then proceeds to offer a detailed examination of existing case law, from which common substantive principles of the international law on expropriation are drawn out. Relevant international cases from the ICJ, ECHR, Iran-US Tribunal, ICSID, NAFTA, and the ECT are considered to complement the focus on investment treaty arbitration. The book also examines the interplay between expropriation and other standards of treaty protection, namely fair and equitable treatment. The final chapters comment on current trends and assess the relevance of expropriation in the present day.
Author : Campbell McLachlan
Publisher : Oxford International Arbitrati
ISBN 13 : 9780199676804
Total Pages : 0 pages
Book Rating : 4.6/5 (768 download)
Download or read book International Investment Arbitration written by Campbell McLachlan and published by Oxford International Arbitrati. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration of international investment disputes is one of the fastest growing areas of international dispute resolution. This book surveys the substantive principles which are being applied to disputes by international investment tribunals.
Author : United Nations Conference on Trade and Development
Publisher :
ISBN 13 : 9789211128277
Total Pages : 0 pages
Book Rating : 4.1/5 (282 download)
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.
Author : Sebastián López Escarcena
Publisher : Edward Elgar Publishing
ISBN 13 : 1782544119
Total Pages : 295 pages
Book Rating : 4.7/5 (825 download)
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.
Author : Marc Bungenberg
Publisher : Hart Pub Limited
ISBN 13 : 9781849463638
Total Pages : 2000 pages
Book Rating : 4.4/5 (636 download)
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.
Author : Allahyar Mouri
Publisher : BRILL
ISBN 13 : 9004635114
Total Pages : 611 pages
Book Rating : 4.0/5 (46 download)
Download or read book The International Law of Expropriation as Reflected in the Work of the Iran-U.S. Claims Tribunal written by Allahyar Mouri and published by BRILL. This book was released on 2023-07-24 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with expropriation and other measures affecting property rights as set out in the awards of the Iran-U.S. Claims Tribunal, and thus examines the relation between general international law and the lex specialis, viz., the provisions of the Algiers Declarations and the Treaty of Amity between the Governments of Iran and the United States. It studies what rights have been considered as property rights capable of being independently expropriated or affected by other measures, and what rights have not been so qualified, although they might have been considered as forming an element of valuation. Furthermore, the liability and attributability issues are discussed, as are the methods of compensation and of valuation.
Author : Meg Kinnear
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041161414
Total Pages : 723 pages
Book Rating : 4.0/5 (411 download)
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.
Author : Josef Laurenz Kunz
Publisher :
ISBN 13 :
Total Pages : 76 pages
Book Rating : 4.3/5 (91 download)
Download or read book The Mexican Expropriations written by Josef Laurenz Kunz and published by . This book was released on 1940 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Yves Derains
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041184015
Total Pages : 362 pages
Book Rating : 4.0/5 (411 download)
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`
Author : Aikaterini Titi
Publisher :
ISBN 13 : 9783848710621
Total Pages : 376 pages
Book Rating : 4.7/5 (16 download)
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."
Author : Rudolf Dolzer
Publisher : Oxford University Press
ISBN 13 : 019267241X
Total Pages : 582 pages
Book Rating : 4.1/5 (926 download)
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.
Author : United Nations Conference on Trade and Development
Publisher :
ISBN 13 :
Total Pages : 94 pages
Book Rating : 4.3/5 (91 download)
Download or read book Taking of Property written by United Nations Conference on Trade and Development and published by . This book was released on 2000 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examination of the concept of "takings" in the context of international law and international investment agreements. It is an analysis of the law relating to the takings of foreign property by host countries and of the clauses International Investment Agreements' seeking to provide protection against such takings. It deals with the development of the law and considers both what possible protection against governmental interference can be given by international instruments and under what conditions and in which manner a State retains, under international law, the freedom to take action that may affect foreign property in the interests of its economic development.
Author : Pedro J. Martinez-Fraga
Publisher : Cambridge University Press
ISBN 13 : 1316272699
Total Pages : 471 pages
Book Rating : 4.3/5 (162 download)
Download or read book Public Purpose in International Law written by Pedro J. Martinez-Fraga and published by Cambridge University Press. This book was released on 2015-02-19 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text explores how the public purpose doctrine reconciles the often conflicting, but equally binding, obligations that states have to engage in regulatory sovereignty while honoring host-state obligations to protect foreign investment. The work examines the multiple permutations and iterations of the public purpose doctrine and concludes that this principle needs to be reconceptualized to meet the imperatives of economic globalization and of a new paradigm of sovereignty that is based on the interdependence, and not independence, of states. It contends that the historical expression of the public purpose doctrine in customary and conventional international law is fraught with fundamental flaws that, if not corrected, will give rise to disparities in the relationship between investors and states, asymmetries with respect to industrialized nations and developing states, and, ultimately, process legitimacy concerns.
Author : United Nations Conference on Trade and Development
Publisher :
ISBN 13 : 9789211128475
Total Pages : 0 pages
Book Rating : 4.1/5 (284 download)
Download or read book Expropriation 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: This publication deals with State's expropriatory measures in a case of foreign investment. It examines recent treaty practice regarding expropriation as well as recent arbitral awards applying and interpreting these treaty provisions. It offers solutions to the existing interpretative issues and also provides policy options for future treaties. Section I defines the concepts of direct and indirect expropriation and reviews the variety of measures that can constitute an expropriation. It discusses what economic rights and interests may constitute an object of a taking. It also reviews in detail the conditions for an expropriation to be lawful, namely public purpose, nondiscrimination, due process and payment of compensation. Section II focuses on the core issue of establishing an indirect expropriation: the recent treaty practice with regard to defining indirect expropriation as well as arbitral practice with regard to assessing the impact of a measure, its interference with an investor?s reasonable investment-backed expectations and the nature, character and objectives of the measure. The section goes on to examine criteria that can facilitate the differentiation between indirect expropriation and normal exercise of police and regulatory powers by States. It concludes by presenting a framework for analysis (a sequence of analytical steps) that can be applied to determine whether a measure constitutes an indirect expropriation Section III discusses the differences between compensation for a lawful expropriation and reparation for unlawful expropriations, as well as the question of valuation of investments. Section IV offers options that policymakers and negotiators.
Author : Aniruddha Rajput
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403506253
Total Pages : 283 pages
Book Rating : 4.4/5 (35 download)
Download or read book Regulatory Freedom and Indirect Expropriation in Investment Arbitration written by Aniruddha Rajput and published by Kluwer Law International B.V.. This book was released on 2018-12-20 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many investment arbitration cases involve a challenge to a regulatory measure of a host state on the basis of indirect expropriation. The practice of arbitral tribunals is diverse and unsettled. In recent years States have been trying to clarify the relationship between regulatory freedom (also known as 'police powers') and indirect expropriation by revising provisions on indirect expropriation in their investment treaties. This book provides the first focused analysis of indirect expropriation and regulatory freedom, drawing on a broad range of the jurisprudence of investment tribunals. The nature of regulatory freedom in international law has been explained on the bases of jurisprudence of international courts and tribunals such as the International Court of Justice (ICJ), Permanent Court of International Justice (PCIJ), dispute resolution bodies of the World Trade Organisation (WTO), European Court of Human Rights. While showing how cases involving standoff between regulatory freedom and indirect expropriation can be resolved in practice, the book goes on to present a conceptual framework for interpreting the nuances of this relationship. The book provides a detailed responses to the following complex questions: • To what extent do states retain regulatory freedom after entering into investment treaties? • What is the scope of regulatory freedom in general public international law? • What are the elements of regulatory freedom and standard of review? • How to draw a dividing line between regulatory freedom and indirect expropriation? • Whether the sole effects doctrine or the police powers is the appropriate method for distinguishing between regulatory freedom and indirect expropriation? While addressing these questions, the author analyses different theoretical approaches that reflect upon the relationship between regulatory freedom and indirect expropriation and how far they assist in understanding these potentially overlapping concepts; their relationship with each other; and the method for distinguishing between them. Given the dense network of around three thousand bilateral investment treaties (BITs) that impose an obligation to protect foreign investments in a State, this book will help practitioners identify, through analysis of cases from diverse fields, how a situation may be categorized either as regulatory freedom or as indirect expropriation. The analysis will also be of value to government officials and lawyers involved in negotiating and re-negotiating investment treaties, and to arbitrators who have to decide these issues. Scholars will welcome the book's keen insight into the contentious relationship between a customary international law norm and a treaty norm.
