International Investment Political Risk And Dispute Resolution

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International Investment, Political Risk and Dispute Resolution

Author : Noah Rubins
Publisher :
ISBN 13 :
Total Pages : 840 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis International Investment, Political Risk and Dispute Resolution by : Noah Rubins

Download or read book International Investment, Political Risk and Dispute Resolution written by Noah Rubins and published by . This book was released on 2005 with total page 840 pages. Available in PDF, EPUB and Kindle. Book excerpt: An ideal practitioner's tool, this book clearly examines international law and provides practical steps that can be taken to minimize political risk and to deal with expropriation when it occurs. A systematic format covers relevant international law; defines political risk in general and in its most common forms; discusses available investment treaties and related mechanisms and institutions that might make a given developing country more attractive than another; considers pre-investment decisions that can reduce political risk, from ways to structure transactions to procuring investment insurance; and details the options open to an investor after an investment is affected. International Investment, Political Risk, and Dispute Resolution provides a practical, sophisticated, and comprehensive discussion of all the relevant issues related to political risk: · The political risk of expropriation, both direct and indirect · Subtle yet nefarious forms of "indirect" and "creeping" expropriation that can be more difficult to prove, identify, quantify, and protect against · Protections available under international law to minimize such political risks · The role of bilateral investment treaties, government-sponsored and private investment insurance, and various provisions that may be utilized in investment agreements between the investor and the host state · Measures and steps that can be taken to reduce or respond to political risk, including the proper application of international arbitration

The Legal Protection of Foreign Investments Against Political Risk

Author : Thomas Nektarios Papanastasiou
Publisher : Quid Pro Books
ISBN 13 : 1610273125
Total Pages : 282 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis The Legal Protection of Foreign Investments Against Political Risk by : Thomas Nektarios Papanastasiou

Download or read book The Legal Protection of Foreign Investments Against Political Risk written by Thomas Nektarios Papanastasiou and published by Quid Pro Books. This book was released on 2015-08-19 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Legal Protection of Foreign Investments Against Political Risk examines how political risks associated with foreign direct investment in the energy sector are managed or mitigated, and suggests new ways to deal with the possibility of such risk. It applies its analysis—using case studies and international law, and examining actual contracts—to the specific context of foreign investment in five Asian countries’ power infrastructure projects. “Legal protection of foreign investments against political risk has been a problem for a long time. Professor Papanastasiou’s book brilliantly balances the legitimate regulatory power of host states with legitimate business interests of foreign investors by presenting a neatly designed multi-layered legal framework for political risk management. This is an important contribution to both the study of international investment law and the practice of foreign investment business transactions.” — Junji Nakagawa, Professor of International Economic Law, Institute of Social Science, University of Tokyo Author, International Harmonization of Economic Regulation (Oxford University Press, 2011) “This book is an impressive and important entry into the field of international investment law scholarship. While maintaining a focus on the important Japanese and Asian regions, it also provides a general and up-to-date coverage of relevant international investment law and political risk considerations faced by multinational corporations. It is impressively concise, yet thorough; it is practical, yet takes into account relevant and recent legal scholarship; it is well-written and organized. The ultimate goal is to help foreign investors and their advisors understand the current international investment law framework and climate to enable them to devise strategies to help their clients reduce political risk, and to protect their clients’ property rights and investments. This work should be of interest to in-house counsel and international law practitioners, as well as to law students and scholars for its coverage of current international investment law standards, scholarship, and practices.” — N. Stephan Kinsella, Attorney, Houston, Texas Co-author, International Investment, Political Risk, and Dispute Resolution (OUP, 2005) “This study contributes insightfully to the literature on international economics and, in particular, on the laws protecting foreign investment. The book is unique in two ways. First, it analyzes and measures the impact of such multi-tier legal frameworks as FTAs, investment contracts, FDI regulations and insurance by combining legal interpretative tools and scoring techniques. Second, it adds a new narrative on how Japanese business can use law to secure investments from political risks in the energy sector of foreign countries.” — Shujiro Urata, Professor of International Economics, Graduate School of Asian Pacific Studies, Waseda University Co-editor, Economic Consequences of Globalization: Evidence from East Asia (Routledge, 2012)

Public Actors in International Investment Law

Author : Catharine Titi
Publisher : Springer Nature
ISBN 13 : 3030589161
Total Pages : 205 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Public Actors in International Investment Law by : Catharine Titi

Download or read book Public Actors in International Investment Law written by Catharine Titi and published by Springer Nature. This book was released on 2021 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book focuses on public actors with a role in the settlement of investment disputes. Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.

International Investment Protection of Global Banking and Finance

Author : Arif H. Ali
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.

International Investment Law and Policy in Africa

Author : Fola Adeleke
Publisher : Routledge
ISBN 13 : 1351998811
Total Pages : 211 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis International Investment Law and Policy in Africa by : Fola Adeleke

Download or read book International Investment Law and Policy in Africa written by Fola Adeleke and published by Routledge. This book was released on 2017-09-08 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies the international investment law regime in Africa and provides a comprehensive analysis of the current treaty practices in Africa from global, regional and domestic perspectives. It develops a public interest regulation theory to highlight the role of investment regulation in sustainable development and the protection of human rights. In doing so, the book identifies seven factors that should be considered by arbitrators in resolving international investment disputes that affect the public interest. It considers how corporations can be held accountable through investment treaties in the absence of a global treaty on business and human rights while protecting the rights of investors and their investments. Furthermore, the book explores the current objectives and features of investor-state dispute settlement (ISDS) as well as the deficiencies and its intersection with the rule of law. It identifies alternatives for ISDS and the extent to which these alternatives address the objectives of attracting investment, depoliticise investment disputes, promote the rule of law and offer remedies to investors. These solutions are offered in relation to the protection of human rights, the promotion of sustainable development and the right of states to introduce domestic public interest regulation. Finally, the book takes a prospective stance and discusses future trends for dispute settlement and investment rulemaking in Africa.

International Political Risk Management

Author : Theodore H. Moran
Publisher : World Bank Publications
ISBN 13 : 9780821361542
Total Pages : 268 pages
Book Rating : 4.3/5 (615 download)

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Book Synopsis International Political Risk Management by : Theodore H. Moran

Download or read book International Political Risk Management written by Theodore H. Moran and published by World Bank Publications. This book was released on 2005 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contributors to this volume consider the state of the political risk insurance industry in the wake of September 11, 2001, the Argentine economic crisis, and other upheavals. The book begins with the supply-side perspective of insurers and then turns to the concerns of investors and lenders, in particular those involved in large infrastructure projects in emerging markets. It concludes with in-depth assessments of new challenges to definitions and coverage of currency transfer, expropriation, breach of contract, and political force majeure. The diverse and detailed arguments collected here come to a consensus: recent changes, contractions, and even losses are fueling the search for creative solutions and will ultimately prove beneficial for participants in the industry.

International Political Risk Management

Author : Theodore H. Moran
Publisher : World Bank Publications
ISBN 13 : 9780821348345
Total Pages : 256 pages
Book Rating : 4.3/5 (483 download)

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Book Synopsis International Political Risk Management by : Theodore H. Moran

Download or read book International Political Risk Management written by Theodore H. Moran and published by World Bank Publications. This book was released on 2001-01-01 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this report is to present the ideas and experiences of some of the most distinguished practitioners from the investor, financial, and investment insurance communities in the world. To assist the reader, this volume's editor provides a brief overview to introduce each of the separate topics. Topics focus on the multiple pledge-of-shares problem; the preferred creditor status; breach of contract coverage in infrastructure projects, and OPIC modified expropriation coverage (using an Indonesian case study); securitizing political risk insurance; and cooperation, competition, and the "science of pricing" in the political risk insurance marketplace. -- Publisher description.

Investment Treaty Arbitration and International Law - Volume 7

Author : Ian A. Laird
Publisher : Juris Publishing, Inc.
ISBN 13 : 1937518418
Total Pages : 428 pages
Book Rating : 4.9/5 (375 download)

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Book Synopsis Investment Treaty Arbitration and International Law - Volume 7 by : Ian A. Laird

Download or read book Investment Treaty Arbitration and International Law - Volume 7 written by Ian A. Laird and published by Juris Publishing, Inc.. This book was released on 2014-05-01 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is it Time for a Regime Change? Protecting International Energy Investments against Political Risk. The 2013 seventh annual Juris investment arbitration conference put in issue the special role of international energy projects in the development of investor-state arbitration. It is currently one of the most active sectors of investor-state arbitration. The “facts” of the energy sector therefore are particularly well-developed in international jurisprudence. The similarities in the applicable law of investment protection between the energy sector and other sectors tend to hide from view what our panelists repeatedly uncovered: it is the facts of energy disputes that significantly set them apart. The concerns of sovereign dominion over national energy production and the protection of foreign investors in the energy sector against stranding large investments served as a key point of departure for discussions. The four questions that the Conference addressed include: The Energy Sector, Investment Arbitration and the ECT: Carving out a Special Regime? Energy Contracts and BITS – Is it Fair and Equitable to be Under the Umbrella? Mulitparty Investor Disputes in the Energy Sector – Preclusion, Consolidation or Free-For-All? Measure by Measure? Calculating Damages in Energy Disputes The discussion and debate that followed is provided in this book and sure to be of tremendous value to the international business lawyer, litigation specialist or trade and investment law policy expert.

Mediation in International Commercial and Investment Disputes

Author : Catharine Titi
Publisher : Oxford University Press, USA
ISBN 13 : 0198827954
Total Pages : 417 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Mediation in International Commercial and Investment Disputes by : Catharine Titi

Download or read book Mediation in International Commercial and Investment Disputes written by Catharine Titi and published by Oxford University Press, USA. This book was released on 2019 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.

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.

International Investment Law and History

Author : Stephan W. Schill
Publisher : Edward Elgar Publishing
ISBN 13 : 1786439964
Total Pages : 400 pages
Book Rating : 4.7/5 (864 download)

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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.

International Investment Law

Author : Surya P Subedi
Publisher : Bloomsbury Publishing
ISBN 13 : 1509975187
Total Pages : 410 pages
Book Rating : 4.5/5 (99 download)

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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 2024-03-21 with total page 410 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 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 fifth edition captures the essence of the ongoing multiple reform processes – either planned or envisaged – currently underway.

Public Actors in International Investment Law

Author : Catharine Titi
Publisher :
ISBN 13 : 9783030589172
Total Pages : 0 pages
Book Rating : 4.5/5 (891 download)

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Book Synopsis Public Actors in International Investment Law by : Catharine Titi

Download or read book Public Actors in International Investment Law written by Catharine Titi and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.

Arbitrating Foreign Investment Disputes

Author : Norbert Horn
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041122931
Total Pages : 572 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Arbitrating Foreign Investment Disputes by : Norbert Horn

Download or read book Arbitrating Foreign Investment Disputes written by Norbert Horn and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cross-border direct investment constitutes a substantial sector of the international financial market and is also an important vehicle for the transfer of technology and the modernisation of national economies. In recent years, international arbitration has gained a prominent role as a means of settlement of foreign investment disputes. The number and size of investment disputes under arbitration have risen significantly due to the growing number of bilateral investment treaties and increased use of arbitration under multilateral investment treaties. Arbitrating such disputes requires specialised skills and arbitrators with international experience. This new title, featuring contributions from leading experts in the field, deals with the procedural and substantive legal aspects of arbitrating foreign investment disputes. The chapters cover the basic framework of investment protection, the key notions of investment protection and examples and crucial aspects of arbitrating foreign investment disputes. For those involved with international investment arbitration, including practising lawyers, anyone doing business abroad and academics Arbitrating Foreign Investment Disputes: Procedural and Substantive Legal Aspects will provide high level analysis and accurate legal updates and assessments from around the world.

International Investment, Political Risk, and Growth

Author : Philipp Harms
Publisher : Springer Science & Business Media
ISBN 13 : 9780792378334
Total Pages : 218 pages
Book Rating : 4.3/5 (783 download)

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Book Synopsis International Investment, Political Risk, and Growth by : Philipp Harms

Download or read book International Investment, Political Risk, and Growth written by Philipp Harms and published by Springer Science & Business Media. This book was released on 2000-04-30 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: It demonstrates that the removal of investment barriers may liberate an economy from a vicious circle of poverty, unproductive saving, and low growth, and presents a novel approach to analyze the role of political risk as a major impediment to greater private capital inflows.

The Foundations of International Investment Law

Author : Zachary Douglas
Publisher : Oxford University Press
ISBN 13 : 019968538X
Total Pages : 586 pages
Book Rating : 4.1/5 (996 download)

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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 Oxford University Press. This book was released on 2014-02 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together conceptual theories of international investment law with the practical application of the law in treaty arbitration, this book investigates the key controversies in the field. It provides a detailed examination of how a different theoretical approach would have led to a different outcome in a number of important arbitral awards.

Yearbook on International Investment Law & Policy 2008-2009

Author : Karl P Sauvant
Publisher : Oxford University Press
ISBN 13 : 0199712107
Total Pages : 726 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Yearbook on International Investment Law & Policy 2008-2009 by : Karl P Sauvant

Download or read book Yearbook on International Investment Law & Policy 2008-2009 written by Karl P Sauvant and published by Oxford University Press. This book was released on 2009-06-19 with total page 726 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, international investment law consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network continues, raising a host of issues regarding international investment law and policy, especially in the area of international investment disputes. This Yearbook monitors current developments in international investment law and policy, focusing (in Part One) on trends in foreign direct investment (FDI), international investment agreements, and investment disputes, with a special look at developments in the oil and gas sector. Part Two, then, looks at central issues in the contemporary discussions on international investment law and policy. With contributions by leading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers.