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Legal Aspects Of Investment In The Czech And Slovak Federal Republic
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Book Synopsis Bilateral Investment Treaties with the Czech and Slovak Federal Republic, the Peoples' Republic of the Congo, the Russian Federation, Sri Lanka, and Tunisia, and Two Protocols to Treaties with Finland and Ireland : Hearing Before the Committee on Foreign Relations, United States Senate, One Hundred Second Congress, Second Session, August 4, 1992 by : United States. Congress. Senate. Committee on Foreign Relations
Download or read book Bilateral Investment Treaties with the Czech and Slovak Federal Republic, the Peoples' Republic of the Congo, the Russian Federation, Sri Lanka, and Tunisia, and Two Protocols to Treaties with Finland and Ireland : Hearing Before the Committee on Foreign Relations, United States Senate, One Hundred Second Congress, Second Session, August 4, 1992 written by United States. Congress. Senate. Committee on Foreign Relations and published by . This book was released on 1992 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The International Law of Investment Claims by : Zachary Douglas
Download or read book The International Law of Investment Claims written by Zachary Douglas and published by Cambridge University Press. This book was released on 2009-06-11 with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a codification of the principles and rules relating to the prosecution of investment claims.
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 454 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 International Investment Law and Arbitration by : C. L. Lim
Download or read book International Investment Law and Arbitration written by C. L. Lim and published by Cambridge University Press. This book was released on 2021-03-11 with total page 687 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new edition connecting extracts from arbitral decisions, treaties and scholarly works with concise, up-to-date and reliable commentary.
Download or read book ICSID Reports written by James Crawford and published by Cambridge University Press. This book was released on 2008-10-30 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 13 brings the ICSID Reports up to date and includes cases up to early 2007.
Book Synopsis Law in the Service of Human Dignity by : Steve Charnovitz
Download or read book Law in the Service of Human Dignity written by Steve Charnovitz and published by Cambridge University Press. This book was released on 2005-10-27 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: The accelerating pace of international law developments in multiple fora present a challenge for studying, influencing, and predicting these changes. This volume assembles essays from notable jurists, academics, and practitioners from around the world who offer new insights regarding the jurisprudence of world trade law, the changing landscape of investment arbitration, and other vital topics in international adjudication. These essays are assembled in celebration of Justice Florentino Feliciano of The Philippines, who continues to be one of the most inspirational figures in the international law community. This collection will be of special interest to analysts of the World Trade Organization as the contributors include six current or former members of the WTO Appellate Body, as well as several leading trade law commentators. Among the key issues discussed are the WTO environmental cases, trade and human rights, and potential reforms of the WTO dispute system.
Book Synopsis Treaty Shopping in International Investment Law by : Jorun Baumgartner
Download or read book Treaty Shopping in International Investment Law written by Jorun Baumgartner and published by Oxford University Press. This book was released on 2016 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing how arbitral tribunals have dealt with the value judgment at the core of the distinction between 'objectionable' and 'unobjectionable' treaty shopping, this book suggests how States could reform their international investment agreements in order to make them less susceptible to the practice of treaty shopping.
Book Synopsis International Environmental Law and International Human Rights Law in Investment Treaty Arbitration by : Giovanna E. Gismondi
Download or read book International Environmental Law and International Human Rights Law in Investment Treaty Arbitration written by Giovanna E. Gismondi and published by Kluwer Law International B.V.. This book was released on 2023-08-22 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policies aimed at the expansion of transnational capital are sometimes implemented at the expense of growing social inequality and popular frustration in host countries. This timely and deeply researched volume identifies – and offers new insights into – the growing use of and reliance upon international environmental and human rights law in the arbitration of investor–State disputes. It presents a comprehensive and pragmatic approach to the most effective way to connect international investment law to the protection of human rights and the environment. Based on an analysis of 30 arbitral awards, this book demonstrates how recent investment treaty arbitration – and in particular respondent States’ argumentation in arbitral proceedings – highlights the human rights and environmental considerations connected with such factors as the following: the fair and equitable treatment (FET) clause; jurisdictional obstacles; treaty conflict; role of amici curiae; damages; tribunal’s dilution of the significance of environmental and human rights law; corporate social responsibility; free, prior, and informed consent; social license to operate; and (in)applicability of the systemic approach to the interpretation of investment treaties. As investment arbitration continues to be challenged by growing demands for greater public involvement and for participation of third parties that are affected by the proceedings, this book responds to the need to reshape the investment regime into more human rights and environmentally friendly system. It will prove an invaluable resource for arbitral institutions, academics, arbitrators, arbitration counsel, and other participants in investment treaty arbitration.
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.
Book Synopsis Full Protection and Security in International Investment Law by : Sebastián Mantilla Blanco
Download or read book Full Protection and Security in International Investment Law written by Sebastián Mantilla Blanco and published by Springer Nature. This book was released on 2019-10-24 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive study of the standard of ‘full protection and security’ (FPS) in international investment law. Ever since the Germany-Pakistan BIT of 1959, almost every investment agreement has included an FPS clause. FPS claims refer to the most diverse factual settings, from terrorist attacks to measures concerning concession contracts. Still, the FPS standard has received far less scholarly attention than other obligations under international investment law. Filling that gap, this study examines the evolution of FPS from its medieval roots to the modern age, delimits the scope of FPS in customary international law, and analyzes the relationship between FPS and the concept of due diligence in the law of state responsibility. It additionally explores the interpretation and application of FPS clauses, drawing particular attention to the diverse wording used in investment treaties, the role ascribed to custom, and the interplay between FPS and other treaty-based standards. Besides delivering a detailed analysis of the FPS standard, this book also serves as a guide to the relevant sources, providing an overview of numerous legal instruments, examples of state practice, arbitral decisions, and related academic publications about the standard.
Download or read book UNDOC, Current Index written by and published by . This book was released on 1993 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Foreign Investor Misconduct in International Investment Law by : Anna Kozyakova
Download or read book Foreign Investor Misconduct in International Investment Law written by Anna Kozyakova and published by Springer Nature. This book was released on 2020-11-12 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the issue of foreign investor misconduct in modern international investment law, focusing on the approach that international investment law as it currently operates has developed towards foreign investor misconduct. The term ‘misconduct’ is not a legal notion, but is used to describe a certain phenomenon, namely, a group/class of actions. This term is convenient since it makes it possible to introduce and describe the phenomenon as such, without a division into concrete types of conduct, like ‘abuse of process’, ‘violation of national law’, ‘corruption’, ‘investment contrary to international norms and standards’, etc. The term ‘misconduct’ is intended to embrace various kinds of conduct on the part of foreign investors that the system of international investment law does not accept – such as that which it regards as illegal, against public policy, or otherwise inappropriate – and triggers legal consequences. Rarely, however, does international investment law clearly articulate what it considers unacceptable investor conduct, and certainly not in any systematic fashion. As such, this book addresses the following questions: What types of investors’ conduct are legally unacceptable? What mechanisms are available to deal with unacceptable investors’ conduct, and what are the legal consequences?
Book Synopsis State Practice Regarding State Succession and Issues of Recognition by : Jan Klabbers
Download or read book State Practice Regarding State Succession and Issues of Recognition written by Jan Klabbers and published by BRILL. This book was released on 2023-08-07 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Pilot Project of the Council of Europe on State Practice regarding State Succession and Issues of Recognition carried out under the aegis of the Ad Hoc Committee of Legal Advisers on Public International Law (CAHDI) encompasses the practice of sixteen member States of the Council of Europe and provides significant information about these States' position vis-à-vis the new European architecture following the developments of 1989. On the basis of the information gathered, the CAHDI decided on the preparation of a report by the Max Planck Institute for Comparative Public Law and International Law, the T.M.C. Asser Institute and the Erik Castrén Institute of International Law and Human Rights. With this report the Council of Europe wishes to contribute in a practical manner to the celebration of the United Nations Decade of International Law (1989-1999) and to facilitate the understanding of how States can help to build a stable and peaceful international community by paving the way for the progressive development of international law in this area. Le Projet pilote du Conseil de l'Europe concernant la pratique des Etats relative à la succession d'Etats et les questions de reconnaissance, mis en oeuvre sous l'égide du Comité ad hoc des conseillers juridiques sur le droit international public (CAHDI) renferme la pratique de seize Etats membres du Conseil de l'Europe et apporte des informations importantes sur la position de ces Etats vis-à-vis de la nouvelle architecture européenne qui a suivi les développements de 1989. Sur la base de l'information rassemblée, le CAHDI a décidé la préparation d'un rapport par l'Institut Max Planck de Droit public comparé et de Droit international, l'Institut T.M.C. Asser et l'Institut Erik Castrén de droit international et des droits de l'homme. Avec ce rapport le Conseil de l'Europe souhaite contribuer d'une manière pratique à la célébration de la Décennie des Nations Unies sur le droit international (1989-1999), et faciliter la compréhension des moyens dont disposent les Etats pour aider à construire une communauté internationale de stabilité et de paix, en préparant le chemin pour un développement progressif du droit international dans ce domaine.
Book Synopsis Monthly Catalog of United States Government Publications by :
Download or read book Monthly Catalog of United States Government Publications written by and published by . This book was released on 1992 with total page 978 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals by : Reza Eftekhar
Download or read book The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals written by Reza Eftekhar and published by BRILL. This book was released on 2021-10-05 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals: The Partial Revival of the Localisation Theory? focuses on the largely unexplored role of the host state law in jurisdiction ratione materiae of investment treaty tribunals. Given domestic law’s essential role in subject-matter jurisdiction, and in light of the broader functions of host state law and host state courts, the author argues that the dormant “localisation” theory has been partially revived in contemporary investment treaty law.
Book Synopsis International Law of Taxation by : Peter Hongler
Download or read book International Law of Taxation written by Peter Hongler and published by Oxford University Press. This book was released on 2021 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this fresh, objective, and non-argumentative volume in the Elements of International Law series, Peter Hongler combines a comprehensive overview of the technical content of the international tax law regime with an assessment of its crucial relationship to wider international law. Beginning with an assessment of legal principles and foundations, the book considers key general principles, treaty based regimes, and regional integration in tax matters. In the second half of the work Hongler places international tax law in the context of its wider relationships with human rights law, and trade and investment law. He concludes by considering major legal successes and failures and what might be done to address these.
Book Synopsis International Investment Law and the Law of Armed Conflict by : Katia Fach Gómez
Download or read book International Investment Law and the Law of Armed Conflict written by Katia Fach Gómez and published by Springer. This book was released on 2019-08-05 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assessing the extent to which armed conflict impacts the obligations that states have towards foreign investors and their investments under international investment treaties requires considering a wide range of issues, many of which are systemic in nature. These include substantive and procedural topics, not only with regard to international investment law, but also concerning the law on the use of force, international humanitarian law and human rights law, the law of treaties, the law of state responsibility and the law of state succession.This volume provides an in-depth assessment of the overlap between international investment law and the law of armed conflict by charting the terrain of the multifaceted and complex relationship between these two fields of public international law, fostering debate and offering novel perspectives on the matter.