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Custom And Its Interpretation In International Investment Law Volume 2
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Book Synopsis Custom and its Interpretation in International Investment Law: Volume 2 by : Panos Merkouris
Download or read book Custom and its Interpretation in International Investment Law: Volume 2 written by Panos Merkouris 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: At first glance, one may think of international investment law as a response to custom (or lack thereof), instead of a field of its application. However, in fact, the opposite is the case. The interpretation and application of customary rules and principles are the bread and butter of international investment law and arbitration. With a diverse range of expert contributors, this collection traces how customary international law is practised in international investment law. It considers how custom should be interpreted and how its rules and principles should be understood and applied by investor-state arbitral tribunals. Raising and addressing vital questions surrounding custom and international law, this collection is a necessary contribution to the scholarship of the theory and history of customary international law and international investment law. This title is also available as Open Access on Cambridge Core.
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.
Book Synopsis The Formation and Identification of Rules of Customary International Law in International Investment Law by : Patrick Dumberry
Download or read book The Formation and Identification of Rules of Customary International Law in International Investment Law written by Patrick Dumberry and published by Cambridge University Press. This book was released on 2018-12-13 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patrick Dumberry provides a comprehensive analysis of the rules of customary international law in the field of international investment law.
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.
Book Synopsis The Foundations of International Investment Law by : Zachary Douglas
Download or read book The Foundations of International Investment Law written by Zachary Douglas and published by OUP Oxford. This book was released on 2014-05-01 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.
Book Synopsis The Interpretation of International Investment Law by : Todd Weiler
Download or read book The Interpretation of International Investment Law written by Todd Weiler and published by Martinus Nijhoff Publishers. This book was released on 2013-05-02 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historical analysis should be adopted in the interpretation of international investment law obligations. Weiler subjects some of the most commonly held beliefs about the nature and development of international investment law to a critical re-appraisal, based upon meticulously assembled historical record. In the process, the book provides readers with a fresh perspective on some of the oldest obligations in international law.
Book Synopsis International Investment Law and History by : Stephan W. Schill
Download or read book International Investment Law and History written by Stephan W. Schill and published by Edward Elgar Publishing. This book was released on 2018 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historiographical approaches in international investment law scholarship are becoming ever more important. This insightful book combines perspectives from a range of expert international law scholars who explore ways in which using a broad variety of methods in historical research can lead to a better understanding of international investment law.
Author :British Institute of International and Comparative Law Publisher :BIICL ISBN 13 :9781905221127 Total Pages :356 pages Book Rating :4.2/5 (211 download)
Book Synopsis Investment Treaty Law by : British Institute of International and Comparative Law
Download or read book Investment Treaty Law written by British Institute of International and Comparative Law and published by BIICL. This book was released on 2009 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Investment Treaty Forum of the British Institute of International and Comparative Law brings together eminent practitioners, arbitrators, and academics in the dynamic area of international investment law. Members of the Forum, under the British Institute's auspices, examine and debate the legal and policy issues presented by the increasingly complex web of investment treaties and the disputes that arise under them. The Forum held two conferences in 2007. This present volume compiles the papers presented at the conferences, as well as a transcript of the round-table discussion on the subject of 'precedent' in international investment. Part I of the book is devoted to remedies, compensation, and valuation in international investment disputes. This under-theorized area of law is ripe for further exploration by lawyers and economists, and the papers in this volume present a framework for further inquiry. Part II addresses the jurisprudence emerging from investment arbitration tribunals on issues such as fair and equitable treatment, 'umbrella' clauses, and nationality of claimants. The overarching question addressed by the papers, and by the concluding roundtable, is the relationship of those decisions with general international law and whether or not there is, or should be, a doctrine of precedent in investment treaty arbitration.
Book Synopsis International Investment Law: A Changing Landscape A Companion Volume to International Investment Perspectives by : OECD
Download or read book International Investment Law: A Changing Landscape A Companion Volume to International Investment Perspectives written by OECD and published by OECD Publishing. This book was released on 2005-09-06 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents four studies on international investment law: one on transparency, one on the fair and equitable treatment standard, one on indirect expropriation and the right to regulate, and one on most favoured nation treatment.
Book Synopsis International Investment Law by : Surya P Subedi
Download or read book International Investment Law written by Surya P Subedi and published by Bloomsbury Publishing. This book was released on 2020-06-11 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: '...This book [...] goes beyond stating what the law is and focuses on controversies occurring within this area of the law... an excellent introduction to this complex area of international law for newcomers to the subject' Kate Miles, Australian International Law Journal The updated edition of this acclaimed book offers a critical overview of the law of foreign investment, incorporating a thorough analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives. A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to restrict unduly the right of host governments to implement their public policy on the other, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country. Many of the pioneering ideas that were advanced in the first edition of this book in 2008 have been taken up by governments and international organisations in their attempts to reform the investor-State dispute settlement mechanism and strike a balance between different competing principles in developing international investment law. Accordingly, this fourth edition captures the essence of the ongoing multiple reform processes -either planned or envisaged – currently underway.
Book Synopsis Resistance and change in the international law on foreign investment by :
Download or read book Resistance and change in the international law on foreign investment written by and published by . This book was released on 2015 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1990s, conflicts within international law on foreign investment have arisen as a result of several competing interests. The neoliberal philosophy ensured inflexible investment protection given by a network of investment treaties interpreted in an expansive manner, which led to states creating regulatory space over foreign investment. However, NGOs committed to single causes such as human rights and the environment protested against inflexible investment protection. The rise to prominence of arguments against the fragmentation of international law also affected the development of investment law as an autonomous regime. These factors have resulted in some states renouncing the system of arbitration and other states creating new treaties which undermine inflexible investment protection. The treaty-based system of investment protection has therefore become tenuous, and change has become inevitable. Emphasising the changes resulting from resistance to a system based on neoliberal foundations, this study looks at recent developments in the area.
Book Synopsis International Investment Law and General International Law by : Christian J. Tams
Download or read book International Investment Law and General International Law written by Christian J. Tams and published by Edward Elgar Publishing. This book was released on 2022-12-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book questions whether investment law influences the wider field of general international law, and more specifically, whether approaches adopted by tribunals in investment arbitrations have radiated, or should radiate, into other fields of international law. To answer this question, the book engages in a detailed analysis of pronouncements by investment tribunals on state responsibility, the law of treaties, and general principles of dispute resolution, and evaluates their impact beyond the narrow field of investment law. The perspectives provided in the book highlight how rules of general international law are concretised, specified, and at times moulded in investment arbitration practice. By doing so, the book enhances our understanding of the relationship between general international law and one its most dynamic sub-disciplines. Combining conceptual and practical perspectives, and offering a detailed analysis of the pertinent case law, the book is a plea for a fuller engagement directed at both general international lawyers and international investment lawyers. It will help investment lawyers better understand the role of general international law in their field of practice. General international lawyers will benefit from paying close attention to how investment lawyers apply and interpret rules of general international law.
Book Synopsis Foreign Investment, International Law and Common Concerns by : Tullio Treves
Download or read book Foreign Investment, International Law and Common Concerns written by Tullio Treves and published by Routledge. This book was released on 2013-10-23 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, transnational corporations, developed countries and private actors are broadening the boundaries of their investments into new territories, in search of a higher return on capital. This growth in direct foreign investment involves serious concerns for both the investor and host state. Various exponents of international civil society and non-governmental organisations persuasively claim that such growth in foreign investments constitutes potential and serious hazards both to the environment and the fundamental rights and freedoms of local populations. This book explores from an international law perspective the complex relationship between foreign investments and common concerns, i.e. values that do not coincide, or do not necessarily coincide, with the interests of the investor and of the host state. It pays particular attention to the role of the main international development banks in reconciling the needs of foreign investors with the protection of common concerns, such as the environment, human rights and labour rights. Among its collection of essays, the volume asks how much "regulatory space" investment law leaves; whether international investment law is an effective means of balancing contrasting interests, and whether investment arbitration currently constitutes a mechanism of global governance. In collecting the outlooks of various experts in human rights, environmental and international economic law, this book breaks new ground in exploring how attention to its legal aspects may help in navigating the relationship between foreign investment and common concerns. In doing so, the book provides valuable insights into the substantive issues and institutional aspects of international investment law.
Book Synopsis Interpretation of International Investment Treaties by : Tarcisio Gazzini
Download or read book Interpretation of International Investment Treaties written by Tarcisio Gazzini and published by Bloomsbury Publishing. This book was released on 2016-11-03 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a systematic study of the interpretation of investment-related treaties – primarily bilateral investment treaties, the Energy Charter Treaty, Chapter XI NAFTA as well as relevant parts of Free Trade Agreements. The importance of interpretation in international law cannot be overstated and, indeed, most treaty claims adjudicated before investment arbitral tribunals have raised and continue to raise crucial and often complex issues of interpretation. The interpretation of investment treaties is governed by the Vienna Convention on the Law of Treaties (VCLT). The disputes relating to these treaties, however, are rather peculiar as they place multinational companies (or natural person) in opposition to sovereign governments. Fundamental questions dealt with in the study include: Are investment treaties a special category of treaty for the purpose of interpretation? How have the rules on interpretation contained in the VCLT been applied in investment disputes? What are the main problems encountered in investment-related disputes? To what extent are the VCLT rules suited to the interpretation of investment treaties? Have tribunals developed new techniques concerning treaty interpretation? Are these techniques consistent with the VCLT? How can problems relating to interpretation be solved or minimised? How creative have arbitral tribunals been in interpreting investment treaties? Are States capable of keeping effective control over interpretation?
Book Synopsis International Investment Law by : Krista Nadakavukaren Schefer
Download or read book International Investment Law written by Krista Nadakavukaren Schefer and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully revised and updated edition of International Investment Law remains a complete and concise guide to the law of international investment protection and continues to approach the subject with an easy-to-follow, broad and balanced text. New to this edition: - updates to include numerous new cases - completely reworked sections on standards of treatment - new Q&A section to capture practitioner views. Key Features: - balance of cases and explanatory comment familiarises students with reading opinions and enables them to grasp the core concepts at stake - concise - suitable for one-semester course for non-specialists or as a first text for students who will take further specialised courses in the area - excerpts from the most influential arbitration decisions outline differing interpretations and ensure students don't learn in a theoretical vacuum - questions throughout encourage readers to come to their own opinions.
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 . This book was released on 2009 with total page 451 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.
Book Synopsis Principles of International Investment Law by : Rudolf Dolzer
Download or read book Principles of International Investment Law written by Rudolf Dolzer and published by OUP Oxford. This book was released on 2012-11-15 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an ideal introduction to the fundamentals of international investment law and dispute settlement for students or practitioners. It combines a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals.
