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Investment Laws Alibis
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Book Synopsis Investment Law's Alibis by : David Schneiderman
Download or read book Investment Law's Alibis written by David Schneiderman and published by Cambridge University Press. This book was released on 2022-08-04 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to connect narratives associated with the past to the international regime that protects property and contract rights of foreign investors. The book scrutinizes justifications offered to sustain practices associated with colonialism, imperialism, civilized justice, debt, and development, revealing that a number of the rationales offered in support of investment law disciplines replicate those arising out of this discredited past. By revealing these linkages, the book raises concerns about investment law's premises. It would appear that the normative foundations for today's regime reproduces discursive practices that are less than compelling. The book argues that citizens deserve something more than historically discredited reasons to justify the exercise of power over them – something more than mere pretext.
Book Synopsis Investment Law's Alibis by : David Schneiderman
Download or read book Investment Law's Alibis written by David Schneiderman and published by Cambridge University Press. This book was released on 2022-08-04 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Connects narratives associated with colonialism, imperialism, civilized justice, debt, and development to international investment treaty law and arbitration.
Download or read book Investment Laws of the World written by and published by . This book was released on 1972 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Origins of International Investment Law by : Kate Miles
Download or read book The Origins of International Investment Law written by Kate Miles and published by . This book was released on 2013 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examination of the origins of international investment law and their continued resonance in the twenty-first century.
Book Synopsis Investment Treaties and the Legal Imagination by : Nicolás M. Perrone
Download or read book Investment Treaties and the Legal Imagination written by Nicolás M. Perrone and published by Oxford University Press. This book was released on 2021-01-14 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign investors have a privileged position under investment treaties. They enjoy strong rights, have no obligations, and can rely on a highly efficient enforcement mechanism: investor-state dispute settlement (ISDS). Unsurprisingly, this extraordinary status has made international investment law one of the most controversial areas of the global economic order. This book sheds new light on the topic, by showing that foreign investor rights are not the result of unpredicted arbitral interpretations, but rather the outcome of a world-making project realized by a coalition of business leaders, bankers, and their lawyers in the 1950s and 1960s. Some initiatives that these figures planned for did not emerge, such as a multilateral investment convention, but they were successful in developing a legal imagination that gradually occupied the space of international investment law. They sought not only to set up a dispute settlement mechanism but also to create a platform to ground their vision of foreign investment relations. Tracing their normative project from the post-World War II period, this book shows that the legal imagination of these business leaders, bankers, and lawyers is remarkably similar to present ISDS practice. Common to both is what they protect, such as foreign investors' legitimate expectations, as well as what they silence or make invisible. Ultimate, this book argues that our canon of imagination, of adjustment and potential reform, remains closely associated with this world-making project of the 1950s and 1960s.
Book Synopsis Model Foreign Investment Law with Annotations by : Don Wallace, Jr.
Download or read book Model Foreign Investment Law with Annotations written by Don Wallace, Jr. and published by . This book was released on 1997-11-01 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Model Foreign Investment Law with Annotations represents a pattern that law-makers may use in modernizing existing foreign investment laws or in establishing a market-oriented framework to attract foreign investment. It utilizes a contractual approach to the relations between the foreign investor and the host State, limiting the administrative steps that might hinder the willingness of foreign investors to invest in a system which they perceive as burdensome, while at the same time preserving the right of the host State to regulate foreign investment within its borders. Included in this volume: Annotations: explanatory notes, definitions of terms, and references to additional readings. Bibliography: articles, books, and international documents. Appendices: Sample Foreign Investment Application Form; Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL); Convention on the Settlement of Investment Disputes between States and Nationals of Other States.
Book Synopsis Rethinking Investment Law by : David Schneiderman
Download or read book Rethinking Investment Law written by David Schneiderman and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment law protections for foreign investors constrain states and compensate investors. With diverse contributions explaining the conventional law and its limitations, 'Rethinking Investment Law' seeks a more balanced vision of how international law can protect individuals in general, not just foreign asset owners.
Book Synopsis Investment Laws of the World by : International Centre for Settlement of Investment Disputes
Download or read book Investment Laws of the World written by International Centre for Settlement of Investment Disputes and published by . This book was released on 1972 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Securities and Investment Laws by : Mohammad Atif Khan
Download or read book Securities and Investment Laws written by Mohammad Atif Khan and published by . This book was released on 2015 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Africa's International Investment Law Regimes by : Won Kidane
Download or read book Africa's International Investment Law Regimes written by Won Kidane and published by Oxford University Press. This book was released on 2023 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Decolonization restored African states' sovereign independence. The post-colonial period was, however, characterized by major economic disruptions that resulted in chronically weakened economies. The newly independent African states faced a profound dilemma between economic liberalization and openness on the one hand, and the maintenance of regulatory autonomy on the other. Confronted with unrelenting poverty and inadequate infrastructure, African states needed direct foreign investment to boost their economies. However, most foreign investors were cautious about investing in African countries due to the perceived lack of clear and predictable legal regimes necessary to protect foreign investments from expropriation and other forms of harm"--
Book Synopsis Constitutional Review and International Investment Law by : David Schneiderman
Download or read book Constitutional Review and International Investment Law written by David Schneiderman and published by Oxford University Press. This book was released on 2024-04-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The revival of interest in comparative constitutional studies, alongside the rise of legal limitations to state action due to investment treaty commitments, calls for a unique analysis of both investment law and comparative constitutional law. The unresolved tensions that arise between the two are only beginning to be addressed by judges. Are courts resisting these new international limitations on their constitutional space? Constitutional Review and International Investment Law: Deference or Defiance? pioneers this discussion by examining how a selection of the highest courts around the world have addressed this potential discord. A comparison of decisions in the US, Europe, Colombia, Indonesia, Israel, and elsewhere reveals that, rather than issuing declarations of constitutional incompatibility, courts are more likely to respond to constitutional tensions indirectly. Their rulings adopt stances that range from hard deference (such as the Peruvian Constitutional Court viewing constitutional law and investment law as entirely compatible) to soft defiance (for example the Colombian Constitutional Court requiring only modest renegotiation of some treaty terms so that they are constitutionally compliant). Readers learn that judges are not aiming to undermine the investment law regime but are seeking to mitigate constitutional collision.
Book Synopsis The Effects of Armed Conflict on Investment Treaties by : Tobias Ackermann
Download or read book The Effects of Armed Conflict on Investment Treaties written by Tobias Ackermann and published by Cambridge University Press. This book was released on 2022-08-25 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the multi-faceted impact armed conflict has on investment treaties. Refuting the common association of the outbreak of hostilities with the termination or suspension of treaties, it not only makes a case for the continuity of investment treaties. The book argues that the impact of armed conflict on such agreements goes far beyond these questions: Changed factual circumstances and public interests as well as international humanitarian law heavily influence the application and interpretation of investment protection standards. The book argues that investment treaties can and must channel these effects to remain effective during armed conflict and strike a fair balance between investor and public interests. It shows ways in which contextual and systemic interpretation, respect for reasonable state action, and careful treaty design can ensure that investment treaties continue to fulfil their purpose of strengthening compliance with legal rules also in times of armed conflict.
Book Synopsis Making the World Safe for Investment by : Andrea Leiter
Download or read book Making the World Safe for Investment written by Andrea Leiter and published by Cambridge University Press. This book was released on 2023-03-02 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Western governments, companies, economists and lawyers established the international legal order now known as international investment law to protect foreign property from a redistribution of wealth through domestic law making. This book offers a pre-history of these legal arrangements, focusing on the time before 1959 and the ratification of the first bilateral investment treaty and the ICSID Convention. It introduces new archival material, such as arbitral awards, diplomatic notes and concession agreements, as well as scholarly writings pertaining to developments in these proceedings. These materials are systematised into a coherent argument on the protection of foreign property. The book develops the important role of concession agreements and their internationalisation for the making of international investment law, thereby insisting on the private law character of the foundations of the field. In doing so it displays the analytic force of viewing law as jurisdictional practice, rather than as a system of norms.
Book Synopsis Reciprocity in Public International Law by : Arianna Whelan
Download or read book Reciprocity in Public International Law written by Arianna Whelan and published by Cambridge University Press. This book was released on 2023-03-02 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a common perception of reciprocity as a concept that is opposed to the communitarian interests that characterise contemporary international law, or merely a way of denoting reactions to unfriendly or wrongful conduct. This book disputes this approach, and highlights how reciprocity is instead linked to the structural characteristic of sovereign equality of States in international law. This book carries out an in-depth analysis of the concept of reciprocity and the elements that characterise it, before examining the various roles and articulations of reciprocity in a number of fields of public international law: the law of treaties, the treatment of individuals, the execution of international law, and the jurisdiction of international courts and tribunals. In all these areas, it analyses both more traditional and more contemporary examples, to demonstrate how reciprocity is closely linked to the very structure of public international law.
Book Synopsis The Everyday Makers of International Law by : Tommaso Soave
Download or read book The Everyday Makers of International Law written by Tommaso Soave and published by Cambridge University Press. This book was released on 2022-11-30 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part essay, part novel, this book reveals how international courts produce their judgments and what invisible actors shape their decisions.
Book Synopsis Collective Self-Defence in International Law by : James A. Green
Download or read book Collective Self-Defence in International Law written by James A. Green and published by Cambridge University Press. This book was released on 2024-01-25 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the conceptual nature of collective self-defence in international law, the requirements for its operation, and how they apply.
Book Synopsis Drones and International Law by : Rebecca Mignot-Mahdavi
Download or read book Drones and International Law written by Rebecca Mignot-Mahdavi and published by Cambridge University Press. This book was released on 2023-05-31 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The technological characteristics of drones, together with the law, have been instrumental in expanding warfare in time and space in the counter-terrorism context.
