Treaty Shopping in International Investment Law

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Publisher : Oxford University Press
ISBN 13 : 0198787111
Total Pages : 401 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Treaty Shopping in International Investment Law by : Jorun Baumgartner

Download or read book Treaty Shopping in International Investment Law written by Jorun Baumgartner and published by Oxford University Press. This book was released on 2016 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing how arbitral tribunals have dealt with the value judgment at the core of the distinction between 'objectionable' and 'unobjectionable' treaty shopping, this book suggests how States could reform their international investment agreements in order to make them less susceptible to the practice of treaty shopping.

Treaty Interpretation in Investment Arbitration

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Author :
Publisher : OUP Oxford
ISBN 13 : 019163817X
Total Pages : 1343 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Treaty Interpretation in Investment Arbitration by : J Romesh Weeramantry

Download or read book Treaty Interpretation in Investment Arbitration written by J Romesh Weeramantry and published by OUP Oxford. This book was released on 2012-03-08 with total page 1343 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of investment arbitration in the last decade has generated an unprecedented body of arbitral case law. The work of these arbitral tribunals has provided scholars and practitioners with public international law jurisprudence, including materials on treaty interpretation which has not yet been thoroughly analysed. This book evaluates the contribution of investment arbitration treaty interpretation jurisprudence to international law, covering all key aspects of treaty interpretation. Included in the book's coverage are awards which feature in prominent discussions or in applications of treaty interpretation rules. Among the significant portion of arbitral awards analysed, which deal with investment treaties, are ICSID awards, ad hoc investment arbitration awards, NAFTA awards, and Energy Charter Treaty awards. The extensive analysis of investment arbitration awards and decisions has also been used to create a table highlighting both the references to principles of treaty interpretation and instances in which they were rejected. This invaluable insight into the practice of investment tribunals will be of interest to both practitioners and academics alike. Foreword by by Professor Michael Reisman, Yale Law School _

The Right to Regulate in International Investment Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782253963
Total Pages : 378 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis The Right to Regulate in International Investment Law by : Catharine Titi

Download or read book The Right to Regulate in International Investment Law written by Catharine Titi and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Investment Agreements and EU Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041168931
Total Pages : 455 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Investment Agreements and EU Law by : Tomas Fecak

Download or read book International Investment Agreements and EU Law written by Tomas Fecak and published by Kluwer Law International B.V.. This book was released on 2016-09-25 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapidly growing number of investors’ disputes with states and the approach of arbitral tribunals, perceived by some, whether rightly or not, as being too investor-friendly, underlie a contentious debate about the need to strike a more effective balance between investors’ rights under international investment agreements (IIAs) and the right of states to pursue legitimate regulation in the public interest. In this regard the European Union, with the exclusive external competence in foreign direct investment vested in it under the Lisbon Treaty, is emerging as the leader and driving force in the future development of international investment law. This book examines the competence of the EU to conclude investment treaties in the light of the investment protection rules of IIAs, explores how far the EU regime for cross-border investment and investors’ rights under IIAs can be considered comparable, and brings about an extensive analysis of existing agreements of Member States and their compatibility with EU law, with detailed investigation of how the potentially conflicting obligations of Member States under the two regimes can be reconciled. The book covers such elements of the debate as the following: • ‘standards of treatment’ under IIAs; • investment-related provisions of EU law; • dispute settlement mechanisms and the conduct of investment disputes; • how recent controversies over bilateral investment treaties (BITs) shape emerging EU international investment policy; • effect of political and institutional interests; • transitional arrangements for BITs between Member States and third countries established by Regulation 1219/2012; • CJEU decisions concerning BITs concluded between EU Member States and third countries; • significant arbitral awards involving intra-EU BITs; • allocation of international responsibility for breaches of investors’ rights; • intra-EU dimension of the Energy Charter Treaty (ECT); • possibilities for review of arbitral awards by courts of Member States; • desirability of international protection of foreign investment in developed countries; and • role of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) The author provides a number of well-grounded recommendations, taking into account throughout the legitimate interests and expectations of individual investors. As an invaluable commentary on developments related to the interplay between international investment law and EU law, and a guide to ameliorating the tensions and controversies surrounding this relationship, this book will appeal to a wide variety of readers. The questions dealt with are faced not only by negotiators and others involved in policymaking in the area of foreign investment, but also by specialists in international investment law, investment arbitration, EU international relations law, and anyone involved in cross-border law, as well as others who encounter these questions in the course of their professional or academic activities.

United States Congressional Serial Set Catalog

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Author :
Publisher :
ISBN 13 :
Total Pages : 796 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis United States Congressional Serial Set Catalog by :

Download or read book United States Congressional Serial Set Catalog written by and published by . This book was released on 1988 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Monthly Catalogue, United States Public Documents

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Publisher :
ISBN 13 :
Total Pages : 1384 pages
Book Rating : 4.:/5 (31 download)

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Book Synopsis Monthly Catalogue, United States Public Documents by :

Download or read book Monthly Catalogue, United States Public Documents written by and published by . This book was released on 1992 with total page 1384 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Lex Petrolea and International Investment Law

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Publisher : Taylor & Francis
ISBN 13 : 1317221354
Total Pages : 347 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Lex Petrolea and International Investment Law by : Nima Mersadi Tabari

Download or read book Lex Petrolea and International Investment Law written by Nima Mersadi Tabari and published by Taylor & Francis. This book was released on 2016-09-01 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lex Petrolea and International Investment Law: Law and Practice in the Persian Gulf offers readers a detailed analysis of jurisprudence on the settlement of upstream petroleum disputes between host states in the Persian Gulf and foreign investors. Dr Nima Mersadi Tabari considers the historical, political, and socio-economic roots of the existing frameworks and levels of protection offered to foreign investors. With particular focus on petroleum-related disputes, he initially delivers a comprehensive survey of the jurisprudence of international investment law and investment treaty arbitration. Following on from this, in three dedicated chapters, the author provides in-depth analysis of the legal regimes governing the matter in the major producers of the region: Saudi Arabia, Iraq, and Iran. A key resource for all professionals working on legal issues arising from foreign direct investments in natural resources, this book draws a detailed picture of the legal regime governing the upstream sector in the most important geographical region for the international oil and gas sector.

Cambridge Compendium of International Commercial and Investment Arbitration

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Publisher : Cambridge University Press
ISBN 13 : 1009302388
Total Pages : 3006 pages
Book Rating : 4.0/5 (93 download)

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Book Synopsis Cambridge Compendium of International Commercial and Investment Arbitration by : Stefan Kröll

Download or read book Cambridge Compendium of International Commercial and Investment Arbitration written by Stefan Kröll and published by Cambridge University Press. This book was released on 2023-03-02 with total page 3006 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Compendium, like an encyclopedia, contains entries for most of the foundational principles and concepts underlying arbitration. Each entry takes a holistic view of international arbitration, as they tackle core concepts from both a commercial and an investment arbitration perspective, focusing on the fundamental issues underlying the various topics rather than on the solutions adopted in any particular jurisdiction, thus making the Compendium a truly cross-border, transnational resource. This innovative approach will allow readers to identify the commonalities as well as the differences between commercial and investment arbitration, whether and where cross-fertilization has taken place and what consequences it can have. This approach allows the Compendium to be a tool in promoting the creation of a culture of international arbitration that considers commercial arbitration and investment arbitration as part of a whole but with certain distinct features particular to each.

Monthly Catalog of United States Government Publications

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (891 download)

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Book Synopsis Monthly Catalog of United States Government Publications by :

Download or read book Monthly Catalog of United States Government Publications written by and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Investment Law and Arbitration

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Publisher : Cambridge University Press
ISBN 13 : 1108916309
Total Pages : 687 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis International Investment Law and Arbitration by : C. L. Lim

Download or read book International Investment Law and Arbitration written by C. L. Lim and published by Cambridge University Press. This book was released on 2021-03-11 with total page 687 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law and arbitration is a rapidly evolving field, and can be difficult for students to acquire a firm understanding of, given the considerable number of published awards and legal writings. The first edition of this text, cited by courts in Singapore and Colombia, overcame this challenge by interweaving extracts from these arbitral decisions, treaties and scholarly works with concise, up-to-date and reliable commentary. Now fully updated and with a new chapter on arbitrators, the second edition retains this practical structure along with the carefully curated end-of-chapter questions and readings. The authors consider the new chapter an essential revision to the text, and a discussion which is indispensable to understanding the present calls for reform of investment arbitration. The coverage of the book has also been expanded, with the inclusion of over sixty new awards and judicial decisions, comprising both recent and well-established jurisprudence. This textbook will appeal to graduates studying international investment law and international arbitration, as well as being of interest to practitioners in this area.

Protocols amending the existing bilateral investment treaties with new European Union member nations

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Publisher :
ISBN 13 :
Total Pages : 12 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Protocols amending the existing bilateral investment treaties with new European Union member nations by : United States. Congress. Senate. Committee on Foreign Relations

Download or read book Protocols amending the existing bilateral investment treaties with new European Union member nations written by United States. Congress. Senate. Committee on Foreign Relations and published by . This book was released on 2004 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

Article 31(3)(c) of the Vienna Convention on the Law of Treaties and the Principle of Systemic Integration in International Investment Law and Arbitration

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Author :
Publisher : Nomos Verlag
ISBN 13 : 3845262389
Total Pages : 512 pages
Book Rating : 4.8/5 (452 download)

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Book Synopsis Article 31(3)(c) of the Vienna Convention on the Law of Treaties and the Principle of Systemic Integration in International Investment Law and Arbitration by : Daniel Rosentreter

Download or read book Article 31(3)(c) of the Vienna Convention on the Law of Treaties and the Principle of Systemic Integration in International Investment Law and Arbitration written by Daniel Rosentreter and published by Nomos Verlag. This book was released on 2015-09-17 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Das Werk zeigt Wissenschaftlern und Praktikern am Beispiel der Diskriminierungsverbote, dem Verbot der rechtswidrigen Enteignung und dem Gebot der fairen und gerechten Behandlung Möglichkeiten auf, wie die wohl wichtigste Problematik des internationalen Investitionsschutzrechtes, der faire Interessenausgleich zwischen Investitionsschutzrechten und dem Regulierungsbedürfnis des Gaststaates, im Wege der harmonischen Vertragsinterpretation auf Grundlage des Artikel 31(3)(c) WVK und dem sogenannten "Prinzip der systematischer Integration" gelingen kann bzw. wo dieser Ansatz seine Grenzen hat. Dazu wird zunächst die Relevanz "systemfremder" Normen im Investitionsschutzrecht erläutert herausgearbeitet. Nach einer detaillierten Darstellung der oben genannten Interpretationsmethoden, werden vor allem die Ansätze in der Rechtsprechung auf Grundlage der verschiedensten Vertragsregime und Schiedsgerichtsbarkeiten analysiert.

Custom and its Interpretation in International Investment Law

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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.

Evolution in Investment Treaty Law and Arbitration

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Publisher : Cambridge University Press
ISBN 13 : 1139503618
Total Pages : 747 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Evolution in Investment Treaty Law and Arbitration by : Chester Brown

Download or read book Evolution in Investment Treaty Law and Arbitration written by Chester Brown and published by Cambridge University Press. This book was released on 2011-11-17 with total page 747 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century - and its exponential growth over the last decade - new levels of complexity, uncertainty and substantive expansion are emerging. States continue to enter into investment treaties and the number of investor-State arbitration claims continues to rise. At the same time, the various participants in investment treaty arbitration are faced with increasingly difficult issues concerning the fundamental character of the investment treaty regime, the role of the actors in international investment law, the new significance of procedure in the settlement of disputes and the emergence of cross-cutting issues. Bringing together established scholars and practitioners, as well as members of a new generation of international investment lawyers, this volume examines these developments and provides a balanced assessment of the challenges being faced in the field.

The Principle of Systemic Integration in International Law

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Publisher : Oxford University Press
ISBN 13 : 0192645854
Total Pages : 529 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis The Principle of Systemic Integration in International Law by : Campbell McLachlan KC

Download or read book The Principle of Systemic Integration in International Law written by Campbell McLachlan KC and published by Oxford University Press. This book was released on 2024-07-09 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law has greatly expanded in reach and density over the past few decades and its fragmented and decentralized nature is causing anxiety among those who need to resolve legal dilemmas in a system that lacks vertical hierarchy. Although the principle of systemic integration is embodied in Article 31(3)(c) of the Vienna Convention 1969, its operation and significance has not been fully assessed. The Principle of Systemic Integration in International Law fills this research gap by analysing the manner in which the principle has been applied in the judicial decisions of international courts and tribunals, together with the practice of states and international organizations in the framing of international instruments and their application. Building upon the framework he first pioneered in 2005 and the culmination of two decades of academic research and practical experience in international law, the author Campbell McLachlan KC closely examines legislative texts and cases to reflect on the principle's theoretical foundations and actual application in practice. The book argues that the principle of systemic integration contributes to an orderly framework within which conflicts between institutions and between legal norms may be addressed. It explores how disparate parts of international law are integrated in the development of bilateral and multilateral treaties and, finally, analyses the operation of the principle in international courts and tribunals. The reasoning and larger questions presented by the book will bring fresh insights to researchers and practitioners undertaking any international law project.

Arbitration Under International Investment Agreements

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Publisher :
ISBN 13 : 0195340698
Total Pages : 790 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Arbitration Under International Investment Agreements by : Katia Yannaca-Small

Download or read book Arbitration Under International Investment Agreements written by Katia Yannaca-Small and published by . This book was released on 2010 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration Under International Investment Agreements: A Guide to the Key Issues provides a comprehensive analysis of the main issues that arise in investor-state arbitration. The contributing authors take the reader through the intricacies of this procedure before analyzing the main jurisdictional and substantive issues that confront arbitrators. The book concludes with a reflection on the role of precedent in investment arbitration. A diverse group of renowned experts in the field provide comprehensive coverage, making Arbitration Under International Investment Agreements a valuable resource for anyone working in or studying this field of law.