Toward Uniformly Accepted Principles For Interpreting Mfn Clauses

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Toward Uniformly Accepted Principles for Interpreting MFN Clauses

Author : Nudrat Ejaz Piracha
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403532742
Total Pages : 606 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Toward Uniformly Accepted Principles for Interpreting MFN Clauses by : Nudrat Ejaz Piracha

Download or read book Toward Uniformly Accepted Principles for Interpreting MFN Clauses written by Nudrat Ejaz Piracha and published by Kluwer Law International B.V.. This book was released on 2021-06-07 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: siness models adopted by insurance companies; and comparative analysis of double tax treaty policies adopted in a number of countries with respect to the permanent establishment provision in the insurance business, highlighting Switzerland for comparative purposes. In a concluding chapter, the author proposes changes to the definition of the dependent agent permanent establishment currently enshrined in the model treaties and their respective commentaries, aligning such a definition to the regulatory framework in which insurance companies conduct their business in countries other than that of incorporation. As a highly significant and timely contribution to the study of the interplay between insurance regulation and tax implications, this very original work will prove of especial value to practitioners in international tax and insurance law, as well as professionals in the financial services sector and tax academics.

Yearbook Commercial Arbitration, Volume XLVI (2021)

Author : Stephan W. Schill
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403542128
Total Pages : 736 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Yearbook Commercial Arbitration, Volume XLVI (2021) by : Stephan W. Schill

Download or read book Yearbook Commercial Arbitration, Volume XLVI (2021) written by Stephan W. Schill and published by Kluwer Law International B.V.. This book was released on 2021-12-02 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community, with reports on arbitral awards and court decisions applying the leading arbitration conventions and decisions of general interest to the practice of international arbitration as well as announcements of arbitration legislation and rules. Volume XLVI (2021) includes: • excerpts of arbitral awards made under the auspices of the International Chamber of Commerce (ICC) and the Cairo Regional Centre for International Commercial Arbitration (CRCICA), as well as awards rendered in accordance with the rules of the Stockholm Chamber of Commerce (SCC); • notes on new and amended arbitration rules, including references to their online publication; • notes on recent developments in arbitration law and practice in Belize, Brazil, Ecuador, Ethiopia, Hong Kong SAR, India, Iran, Iraq, Malawi, Ukraine, and Uzbekistan ; • excerpts of 85 court decisions applying the 1958 New York Convention from 28 countries – including, for the first time, cases from Costa Rica, Cuba, and Iran – all indexed by subject matter and linked to the commentaries on the New York Convention published in the Yearbook, authored by former General Editor and leading expert Prof. Dr. Albert Jan van den Berg; • excerpts from three decisions applying the 1965 Washington (ICSID) Convention and three decisions applying the 1975 Panama (Inter-American) Convention, as well as a selection of nine court decisions of general interest; • an extensive Bibliography of recent books and journals on arbitration. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world’s leading organization representing practitioners and academics in the field, under the general editorship of Prof. Dr. Stephan W. Schill and with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.

Custom and its Interpretation in International Investment Law

Author : Konrad Turnbull
Publisher : Cambridge University Press
ISBN 13 : 1009255428
Total Pages : 433 pages
Book Rating : 4.0/5 (92 download)

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Book Synopsis Custom and its Interpretation in International Investment Law by : Konrad Turnbull

Download or read book Custom and its Interpretation in International Investment Law written by Konrad Turnbull and published by Cambridge University Press. This book was released on 2023-11-30 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume provides an in-depth study of customary international law and its interpretation in international investment law.

International Investment Law

Author : Hélène Ruiz Fabri
Publisher : Bloomsbury Publishing
ISBN 13 : 1509929061
Total Pages : 663 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis International Investment Law by : Hélène Ruiz Fabri

Download or read book International Investment Law written by Hélène Ruiz Fabri and published by Bloomsbury Publishing. This book was released on 2022-05-19 with total page 663 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading experts in the field, this collection offers a critical and comparative analysis of the existing case law on international investment law. The book makes a topical contribution to the existing literature, showing most notably that: (1) international investment law has a longer history than that generally considered and that this history is fundamental to understanding its development; (2) international investment law is crafted today by a large number of actors. These include not only investment arbitrators, but also a variety of international and national courts and tribunals; and (3) the literature and case law in languages other than English and from different legal cultures is essential to grasp the essence of the development of the topic. This book brings together more than 40 experts from different countries and legal traditions and combines conceptual analysis and archival investigation of landmark case law to provide the reader with a fresh and innovative understanding of the breadth of international investment law.

International Investment Law and Comparative Public Law

Author : Stephan W. Schill
Publisher : Oxford University Press
ISBN 13 : 0199589100
Total Pages : 922 pages
Book Rating : 4.1/5 (995 download)

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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.

International Investment Law

Author : Tarcisio Gazzini
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004214534
Total Pages : 363 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis International Investment Law by : Tarcisio Gazzini

Download or read book International Investment Law written by Tarcisio Gazzini and published by Martinus Nijhoff Publishers. This book was released on 2012-08-22 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational investment involves a variety of actors (States, public and private legal entities, and natural persons) whose relationships are governed by rules and legal instruments belonging to different legal systems. This book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction. It focuses primarily on the network of over 3,000 Bilateral Investment Treaties, international investment contracts, customary international law, the main multilateral treaties, national legislation, international case law and general principles of law. The book, firmly based on State practice, arbitral awards and national decisions, is indispensable to fully appraise the nature and content of the claims of private investors as well as to identify the law applicable in investment arbitration.

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.

Recommendations of the Economic Committee Relating to Commercial Policy

Author : League of Nations
Publisher :
ISBN 13 :
Total Pages : 20 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Recommendations of the Economic Committee Relating to Commercial Policy by : League of Nations

Download or read book Recommendations of the Economic Committee Relating to Commercial Policy written by League of Nations and published by . This book was released on 1929 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Multilateralization of International Investment Law

Author : Stephan W. Schill
Publisher : Cambridge University Press
ISBN 13 : 0521762367
Total Pages : 491 pages
Book Rating : 4.5/5 (217 download)

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Book Synopsis The Multilateralization of International Investment Law by : Stephan W. Schill

Download or read book The Multilateralization of International Investment Law written by Stephan W. Schill and published by Cambridge University Press. This book was released on 2009-08-20 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book argues that international investment law is a structured body of law based on uniform principles of investment protection.

International Protection of Investments

Author : August Reinisch
Publisher : Cambridge University Press
ISBN 13 : 1108882706
Total Pages : 1662 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis International Protection of Investments by : August Reinisch

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 1662 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.

Multi-Sourced Equivalent Norms in International Law

Author : Tomer Broude
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317820
Total Pages : 298 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Multi-Sourced Equivalent Norms in International Law by : Tomer Broude

Download or read book Multi-Sourced Equivalent Norms in International Law written by Tomer Broude and published by Bloomsbury Publishing. This book was released on 2011-03-21 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent decades have witnessed an impressive process of normative development in international law. Numerous new treaties have been concluded, at global and regional levels, establishing far-reaching international legal and regulatory regimes in important areas such as human rights, international trade, environmental protection, criminal law, intellectual property, and more. New political and judicial institutions have been established to develop, apply and adjudicate these rules. This trend has been accompanied by the growing consolidation of treaty norms into international custom, and increased references to international law in domestic settings. As a result of these developments, international relations have now reached an unprecedented level of normative density and intensity, but they have also given rise to the phenomenon of 'fragmentation'. The debate over the fragmentation of international law has largely focused on conflicts: conflicts of norms and conflicts of authority. However, the same developments that have given rise to greater conflict and contradiction in international law, have also produced a growing amount of normative equivalence between rules in different fields of international law. New treaty rules often echo existing international customary norms. Regional arrangements reinforce undertakings that already exist at the global level; and common concerns and solutions appear in many international legal fields. This book focuses on such instances of normative parallelism, developing the concept of 'multisourced equivalent norms' in international law, with contributions by leading international law experts exploring the legal and political implications of the concept in a variety of contexts that span the full spectrum of international legal norms and institutions. By concentrating on situations governed by a multitude of similar norms, the book emphasizes the importance of legal contexts and institutional settings to international law-interpretation and application.

Fair and Equitable Treatment

Author : Patrick Dumberry
Publisher : BRILL
ISBN 13 : 9004366121
Total Pages : 88 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Fair and Equitable Treatment by : Patrick Dumberry

Download or read book Fair and Equitable Treatment written by Patrick Dumberry and published by BRILL. This book was released on 2018-07-17 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fair and equitable treatment (‘FET’) standard is a type of protection found in BITs which has become in the last decades one of the most controversial provisions examined by arbitral tribunals. This book first examines the interaction between the ‘minimum standard of treatment’ (MST) and the FET standard and the question why States started referring to the former in their BITs. It also addresses the question whether the FET should be considered as an autonomous standard of protection under BITs. This book also examines the controversial proposition that the FET standard should now be considered as a rule of customary international law. I will show that while the practice of States to include FET clauses in their BITs can be considered as general, widespread and representative, it remains that it is not uniform and consistent enough for the standard to have crystallised into a customary rule. States also lack the necessary opinio juris when including the clause in their BITs.

Publications

Author : League of Nations
Publisher :
ISBN 13 :
Total Pages : 60 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis Publications by : League of Nations

Download or read book Publications written by League of Nations and published by . This book was released on 1933 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Most-favoured-nation Treatment

Author : United Nations Conference on Trade and Development
Publisher :
ISBN 13 :
Total Pages : 164 pages
Book Rating : 4.:/5 (1 download)

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Book Synopsis Most-favoured-nation Treatment by : United Nations Conference on Trade and Development

Download or read book Most-favoured-nation Treatment written by United Nations Conference on Trade and Development and published by . This book was released on 2010 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication contains an explanation of Most Favored Nation (MFN) treatment and some of the key issues that arise in its negotiation, particularly the scope and application of MFN treatment to the liberalization and protection of foreign investors in recent treaty practice. The paper provides policy options as regards the traditional application of MFN treatment and identifies reactions by States to the unexpected broad use of MFN treatment, and provides several drafting options, such as specifying or narrowing down the scope of application of MFN treatment to certain types of activities, clarifying the nature of "treatment" under the IIA, clarifying the comparison that an arbitral tribunal needs to undertake as well as a qualification of the comparison "in like circumstances" or excluding its use in investor-State cases.

Recommendations of the Economic Committee Relating to Tariff Policy and the Most-favoured-nation Clause

Author : League of Nations
Publisher : Geneva : League of Nations
ISBN 13 :
Total Pages : 28 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Recommendations of the Economic Committee Relating to Tariff Policy and the Most-favoured-nation Clause by : League of Nations

Download or read book Recommendations of the Economic Committee Relating to Tariff Policy and the Most-favoured-nation Clause written by League of Nations and published by Geneva : League of Nations. This book was released on 1933 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In the glittering ballroom of London's most exclusive gentleman's club no one is more powerful than its mysterious proprietress, Vienne La Rieux. A shrewd businesswoman, Vienne treasures her hard-won independence and has her eye on a prize that could make her England's richest woman...until the only threat to her heart arrives, sending her controlled world into chaos. Lord Trystan Kane is as familiar with success as he is with the exquisite Vienne. She's the lover he's never forgotten, and so, when an opportunity arises that would make them partners once again, he takes it. But Trystan has underestimated the enduring power of the chemistry that originally sparked their passion. And with an enemy watching from the shadows, any attempt to mix business with pleasure could have disastrous consequences."--P. [4] of cover.

Evolutionary Interpretation and International Law

Author : Georges Abi-Saab
Publisher : Bloomsbury Publishing
ISBN 13 : 1509929908
Total Pages : 412 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Evolutionary Interpretation and International Law by : Georges Abi-Saab

Download or read book Evolutionary Interpretation and International Law written by Georges Abi-Saab and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book brings together leading experts from diverse areas of public international law to offer a comprehensive overview of the approaches to evolutionary interpretation in different international legal regimes. It begins by asking what interpretation is, offering the views of expert authors on the question, its components and definitions. It then comments on situations that have called for evolutionary interpretation in different international legal regimes, including general international law, environmental law, human rights law, EU law, investment law, international trade law, and how domestic courts have, on occasions, interpreted treaties and other international legal instruments in an evolutionary manner. This timely, authoritative compendium offers an in-depth understanding of the processes at work in evolutionary interpretation as well as a prime selection of the current trends and future challenges.

From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court

Author : Marc Bungenberg
Publisher : Springer Nature
ISBN 13 : 3662597322
Total Pages : 232 pages
Book Rating : 4.6/5 (625 download)

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Book Synopsis From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court by : Marc Bungenberg

Download or read book From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court written by Marc Bungenberg and published by Springer Nature. This book was released on 2019-09-11 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The “feasibility study” presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.