The Indonesian Law of Treaties 1945-1990

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004632778
Total Pages : 251 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis The Indonesian Law of Treaties 1945-1990 by : Sik Ko Swan

Download or read book The Indonesian Law of Treaties 1945-1990 written by Sik Ko Swan and published by Martinus Nijhoff Publishers. This book was released on 2023-08-28 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a comprehensive collection of data on the treaty law of Indonesia which has its origin in the assumption that the availability of these data is among the preconditions for a correct understanding of the Indonesian international position and its international rights and duties. There is no official collection of Indonesian treaties in existence. Part One presents a concise description of the Indonesian law and practice concerNing treaty-making power and the publication of treaties. It deals with the constitutional provisions and their interpretation and application and places them in a wider perspective. Part Two comprises chronological indexes of multilateral and bilateral treaties. These indexes contain data on forty items, where available, regarding each treaty, such as the sources of the texts, the subject matter, the Indonesian consent to be bound, Indonesian reservations and declarations, the date of ratification, amendments, revisions and replacement. These main indexes are supplemented by a subject index and indexes of Acts of Approval and Presidential Ratification Decrees which are published in the Indonesian State Gazette. The volume will be of use to practising lawyers involved in Indonesian transactions, officials in the field of international relations involving Indonesia and academic researchers on the international law of treaties.

The Asian Turn in Foreign Investment

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Publisher : Cambridge University Press
ISBN 13 : 110842659X
Total Pages : 469 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Asian Turn in Foreign Investment by : Mahdev Mohan

Download or read book The Asian Turn in Foreign Investment written by Mahdev Mohan and published by Cambridge University Press. This book was released on 2021-08-26 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critically discusses the increasing significance of Asian States in the field of international investment law and policy. Contains analyses of national investment law rule-making in Asia, contributions of Asian States on cutting-edge developments to the global community, and contemplates future possibilities for investor-State dispute settlement.

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.

ADB International Investment Agreement Tool Kit

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Author :
Publisher : Asian Development Bank
ISBN 13 : 9292628380
Total Pages : 160 pages
Book Rating : 4.2/5 (926 download)

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Book Synopsis ADB International Investment Agreement Tool Kit by : Tom Kirchmaier

Download or read book ADB International Investment Agreement Tool Kit written by Tom Kirchmaier and published by Asian Development Bank. This book was released on 2021-05-01 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment agreements (IIAs) are important in attracting foreign direct investment, and they are becoming more numerous, varied, and complex. To help policymakers, businesses, and researchers compare and analyze agreements and their implications, the Asian Development Bank (ADB) has created an online database of concluded IIAs involving the Asia and Pacific region. The ADB IIA Tool Kit codifies 15 key investment provisions and includes bilateral investment treaties and investment chapters of free trade agreements. This publication introduces the tool kit and provides a comprehensive analysis of investment treaties and arbitration design.

The Protection of Foreign Investments in Mongolia

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Publisher : Springer
ISBN 13 : 3319660896
Total Pages : 372 pages
Book Rating : 4.3/5 (196 download)

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Book Synopsis The Protection of Foreign Investments in Mongolia by : Bajar Scharaw

Download or read book The Protection of Foreign Investments in Mongolia written by Bajar Scharaw and published by Springer. This book was released on 2017-11-07 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the adequacy of Mongolia’s legal system for foreign investment protection by conducting a multi-level assessment of international investment treaties, domestic legislation of the host State, and investor-State contracts from an international comparative perspective. The investigation distinguishes between three legal dimensions, each of which offers both substantive legal guarantees for the protection of investments in the host State and provisions for the settlement of investment disputes by arbitration. In the first dimension of Public International Law (PIL), Mongolia is bound by international investment treaties, which offer investors an international law setting. In the second dimension, a special domestic investment law defines the domestic framework for the establishment, promotion and protection of investments, but also for the conclusion of investor-State contracts. These contracts in turn open a third legal dimension, which represents a cross-section through the PIL and domestic-law dimensions of investment protection. Following the development of a multi-level system with legal dimensions that are not isolated but rather interrelated and mutually reinforcing, the book examines whether Mongolia’s international investment treaties and domestic investment law reflect globally shared international and domestic standards of treatment and protection of foreign investments. Lastly, the author inquires whether the domestic laws applicable to investor-State contracts in Mongolia allow investors and the Mongolian Government to agree on protective terms according to the (not uncontroversial) standards of international contract practice.

The Right to Regulate in International Investment Law

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Author :
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.

Basic Documents on International Investment Protection

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319769
Total Pages : 866 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Basic Documents on International Investment Protection by : Martins Paparinskis

Download or read book Basic Documents on International Investment Protection written by Martins Paparinskis and published by Bloomsbury Publishing. This book was released on 2012-07-09 with total page 866 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increase in the number and complexity of investor-State treaty arbitrations in the last decade has attracted considerable attention from practitioners and academics of international investment protection law. Rules aimed at regulating the protection of foreign investment have been expressed in a decentralised manner, making a clear and comprehensive overview of the topic important. This volume focuses on the relevant documents and aims to provide an exhaustive treatment of relevant procedural and substantive issues. It includes documents explaining the historical development of investment law, substantive investment rules (multilateral and bilateral treaties and model documents, and general rules on the law of treaties and responsibility) and procedural investment rules (relating to the arbitral process in different fora, immunity, recognition and enforcement). The book is aimed at teachers, students and practitioners in the area. It can be used both as a practitioners' handbook and as a classroom companion for courses on international dispute settlement and investment protection law. This title is included in Bloomsbury Professional's International Arbitration online service.

MFN Standard as Substantive Treatment

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Publisher : Nomos Verlag
ISBN 13 : 3845299029
Total Pages : 238 pages
Book Rating : 4.8/5 (452 download)

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Book Synopsis MFN Standard as Substantive Treatment by : Mira Suleimenova

Download or read book MFN Standard as Substantive Treatment written by Mira Suleimenova and published by Nomos Verlag. This book was released on 2019-03-28 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Das Meistbegünstigungsprinzip (engl. "Most favoured nation", MFN) ist ein integraler Bestandteil praktisch aller heutigen Investitionssysteme. MFN-Klauseln in internationalen Investitionsabkommen signalisieren Anlegern staatlichen Schutz vor Diskriminierung. Ihre Durchsetzung in der Praxis ist nicht immer unproblematisch. Das Buch stellt die Funktionsweisen der Meistbegünstigung als Standard des internationalen Investitionsrechts umfassend dar. Ausgehend der Entwicklung des Konzepts im internationalen Recht, bietet die Autorin einen Überblick über die bestehenden staatlichen Praktiken bei der Aushandlung der MFN-Klauseln in bilateralen und internationalen Investitionsverträgen. Schließlich analysiert die Arbeit MFN-Klauseln auf ihr Potenzial hin, Diskriminierung zu verhindern und den "Import" von materiellen Schutzrechten in internationalen staatlichen Schiedsverfahren für Investoren zu ermöglichen.

The Law of Investment Treaties

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0198850956
Total Pages : 641 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Law of Investment Treaties by : Jeswald W. Salacuse

Download or read book The Law of Investment Treaties written by Jeswald W. Salacuse and published by Oxford University Press, USA. This book was released on 2021-02-18 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this new edition of an authoritative work in the field, Jeswald W. Salacuse thoroughly examines the law of international investment treaties, particularly with respect to its origins, structure, content, and effects. He takes into account all major developments in the law to provide an up-to-date guide for students, scholars, and practitioners.

International Investment Law and Arbitration

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Author :
Publisher : Cameron May
ISBN 13 : 1905017073
Total Pages : 838 pages
Book Rating : 4.9/5 (5 download)

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Book Synopsis International Investment Law and Arbitration by : Todd Weiler

Download or read book International Investment Law and Arbitration written by Todd Weiler and published by Cameron May. This book was released on 2005 with total page 838 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a collection of essays.

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.

Treaties and International Agreements Registered Or Filed and Recorded with the Secretariat of the United Nations

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Author :
Publisher : The Stationery Office
ISBN 13 : 9780119890501
Total Pages : 548 pages
Book Rating : 4.8/5 (95 download)

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Book Synopsis Treaties and International Agreements Registered Or Filed and Recorded with the Secretariat of the United Nations by : United Nations Staff

Download or read book Treaties and International Agreements Registered Or Filed and Recorded with the Secretariat of the United Nations written by United Nations Staff and published by The Stationery Office. This book was released on 2003 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: Treaties and International Agreements Registered or Filed and Recorded with the Secretariat of the United Nations

The Multilateralization of International Investment Law

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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.

Treaty Shopping in International Investment Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 0191090824
Total Pages : 395 pages
Book Rating : 4.1/5 (91 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 2016-12-01 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Treaty shopping, also known under the terms of nationality planning, corporate (re-)structuring or corporate maneuvering, implies a strategic change of nationality or strategic invocation of another nationality with the aim of accessing another (usually more favourable) investment treaty for purposes of investment arbitration. When deciding on whether an investment claim based on treaty shopping should be upheld or dismissed, investment arbitral tribunals have been increasingly faced with significant questions, such as: What is treaty shopping and how may legitimate nationality planning be distinguished from treaty abuse in international investment law? Should a claimant that is controlled by a host-State national be considered a protected investor, or should tribunals pierce its corporate veil? Does an investor have to make the investment in good faith, and does it have to make a contribution of its own to the investment it is claiming protection for? When does a corporate restructuring constitute an abuse of process, and which is the role of the notion of dispute in this respect? How efficient are denial of benefits clauses to counter treaty shopping? Treaty Shopping in International Investment Law examines in a systematic manner the practice of treaty shopping in international investment law and arbitral decisions that have undertaken to draw this line. While some legal approaches taken by arbitral tribunals have started to consolidate, others remain unsettled, painting a picture of an overall inconsistent jurisprudence. This is hardly surprising, given the thousands of international investment agreements that provide for the investor ́ s right to sue the host State on grounds of alleged breaches of investment obligations. This book analyses and discusses the different ways by which arbitral tribunals have dealt with the value judgment at the core of the distinction between objectionable and unobjectionable treaty shopping, and makes proposals de lege ferenda on how States could reform their international investment agreements (in particular with respect to treaty drafting) in order to make them less susceptible to the practice of treaty shopping.

Handbook on Good Treaty Practice

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107111900
Total Pages : 533 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Handbook on Good Treaty Practice by : Jill Barrett

Download or read book Handbook on Good Treaty Practice written by Jill Barrett and published by Cambridge University Press. This book was released on 2020-03-12 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aims to provide a useful analytical tool and practical guidance on good treaty practice. It will be of interest to those working with treaties and treaty procedures in governments, international organisations, and legal practice, as well as legal academics and students wishing to gain insight into the realities of treaty practice.

Re-Politicising International Investment Law in Latin America through the Duty to Regulate Paradigm

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Author :
Publisher : Springer Nature
ISBN 13 : 303073272X
Total Pages : 285 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Re-Politicising International Investment Law in Latin America through the Duty to Regulate Paradigm by : María José Luque Macías

Download or read book Re-Politicising International Investment Law in Latin America through the Duty to Regulate Paradigm written by María José Luque Macías and published by Springer Nature. This book was released on 2021-05-22 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers insights into how international investment law (IIL) has frustrated states’ protection of human rights in Latin America, and IIL has generally abstained from dealing with inter-regime frictions. In these circumstances, this study not only argues that IIL should be an object of contention and debate (‘politicisation’). It also contends that Latin American countries have traditionally been the frontrunners in the politicisation of international legal instruments protecting foreign investment, questioning whether the paradigms informing their claims’ articulation are adequate to frame this debate. It demonstrates that the so-called ‘right to regulate’ is the paradigm now prevalently used to challenge IIL, but that it is inadequate from a human rights perspective. Hence, the book calls for a re-politicisation of IIL in Latin America through a re-conceptualization of how states’ regulation of foreign investment is understood under international human rights law, which entails viewing it as an international duty. After determining what the ‘duty to regulate’ constitutes in relation to the right to water and indigenous peoples’ right to lands based on human rights doctrine, the book analyses the extent to which Latin American countries are currently re-politicising IIL through an articulation of this international duty, and arbitral tribunals’ responses to their argumentative strategies. Based on these findings, the book not only proposes investment treaties’ reform to anchor the ‘duty to regulate’ paradigm in IIL, and in the process, to induce tribunals’ engagement with human rights arguments when they come to underpin respondent states’ defences in investor-state dispute settlement (ISDS). In addition, drawing upon the (now likely defunct) idea of creating a regional ISDS tribunal, the book briefly reflects on options available to such a tribunal in terms of dealing with troubling normative/institutional interactions between regimes during ISDS proceedings.

Investment Treaties and the Rule of Law Promise

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1009183656
Total Pages : 377 pages
Book Rating : 4.0/5 (91 download)

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Book Synopsis Investment Treaties and the Rule of Law Promise by : N. Jansen Calamita

Download or read book Investment Treaties and the Rule of Law Promise written by N. Jansen Calamita and published by Cambridge University Press. This book was released on 2022-10-06 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment treaties are said to improve the rule of law in the states which enter into them. Fearing claims, governments will internalise international investment obligations into their decision-making processes, resulting in positive spill-over effects on the rule of law. Such arguments have never been backed by empirical research. This book presents an analytical framework for thinking about the internalisation of international commitments in governmental decision making that takes account of the complexities of governance. In so doing, it provides a typology of processes whereby international treaty obligations may be internalised by governments and identifies factors which may affect whether and to what extent international commitments are internalised in governmental decision making. This framework serves as the background for the main body of the book in which empirical case studies address whether and how a select group of governments in Asia internalise international investment treaty obligations in their decision-making.