L'évolution des sources du droit des investissements

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041104199
Total Pages : 402 pages
Book Rating : 4.1/5 (41 download)

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Book Synopsis L'évolution des sources du droit des investissements by : Academie De Droit International De La Haye

Download or read book L'évolution des sources du droit des investissements written by Academie De Droit International De La Haye and published by Martinus Nijhoff Publishers. This book was released on 1997-05-06 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law." This volume contains: - L'evolution des sources du droit des investissements, par P. JUILLARD, professeur a l'Universite de Paris I; - From Bilateralism to Community Interest in International Law by B. SIMMAR, Professor at the Institute for Public International Law, Munich. To access the abstract texts for this volume please click here

Principles of International Investment Law

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Publisher : Oxford University Press
ISBN 13 : 019267241X
Total Pages : 582 pages
Book Rating : 4.1/5 (926 download)

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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 Oxford University Press. This book was released on 2022-01-13 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor-State arbitration. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students, scholars, and practitioners alike.

The Origins of International Investment Law

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Publisher : Cambridge University Press
ISBN 13 : 1107039398
Total Pages : 499 pages
Book Rating : 4.1/5 (7 download)

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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 Cambridge University Press. This book was released on 2013-10-24 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the origins of international investment law and their continued resonance in the twenty-first century.

Droits de l'investisseur étranger et protection de l'environnement

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Publisher : BRILL
ISBN 13 : 9004187553
Total Pages : 546 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Droits de l'investisseur étranger et protection de l'environnement by : Sabrina Robert-Cuendet

Download or read book Droits de l'investisseur étranger et protection de l'environnement written by Sabrina Robert-Cuendet and published by BRILL. This book was released on 2010-05-12 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: En droit international de l’investissement, le prisme de l’expropriation indirecte couvre une large catégorie de mesures – telles que les réglementations – qui n’impliquent pas de transfert de propriété mais aboutissent à une grave interférence avec un investissement. La définition des dépossessions indemnisables constitue une question extrêmement sensible, située à la croisée des chemins entre la protection des droits des investisseurs et la préservation des prérogatives de l’Etat. Cet ouvrage explore, à travers l’exemple de la réglementation environnementale, le droit applicable à cette notion controversée. Il montre que l’approche traditionnelle – reposant sur une dilution du concept d’expropriation – n’est nullement appropriée et il contribue à clarifier l’étendue de la protection de l’investisseur sur le fondement du droit de la responsabilité internationale de l’Etat. In international investment law, the prism of indirect expropriation includes a broad range of measures – such as regulatory measures – which do not involve a transfer of property but result in a serious interference with an investment. The definition of compensable taking is a very sensitive issue situated at the crossroads between the protection of investors' private rights and the safeguarding of the state's sovereign prerogatives. This book explores, through the example of environmental regulation, the law applicable to this controversial topic. It suggests that the traditional approach – based on an extension of the concept of expropriation – is inappropriate and it contributes to clarifying the scope of the international protection of the investor on the ground of the law of state responsibility.

Fair and Equitable Treatment

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Publisher : BRILL
ISBN 13 : 9004366121
Total Pages : 88 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Fair and Equitable Treatment by : Patrick Dumberry

Download or read book Fair and Equitable Treatment written by Patrick Dumberry and published by BRILL. This book was released on 2018-07-17 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fair and equitable treatment (‘FET’) standard is a type of protection found in BITs which has become in the last decades one of the most controversial provisions examined by arbitral tribunals. This book first examines the interaction between the ‘minimum standard of treatment’ (MST) and the FET standard and the question why States started referring to the former in their BITs. It also addresses the question whether the FET should be considered as an autonomous standard of protection under BITs. This book also examines the controversial proposition that the FET standard should now be considered as a rule of customary international law. I will show that while the practice of States to include FET clauses in their BITs can be considered as general, widespread and representative, it remains that it is not uniform and consistent enough for the standard to have crystallised into a customary rule. States also lack the necessary opinio juris when including the clause in their BITs.

Belgian review of international law

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Publisher :
ISBN 13 :
Total Pages : 754 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Belgian review of international law by :

Download or read book Belgian review of international law written by and published by . This book was released on 1986 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Jurisdiction and Admissibility in Investment Arbitration

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Publisher : BRILL
ISBN 13 : 9004366490
Total Pages : 199 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Jurisdiction and Admissibility in Investment Arbitration by : Filippo Fontanelli

Download or read book Jurisdiction and Admissibility in Investment Arbitration written by Filippo Fontanelli and published by BRILL. This book was released on 2018-03-27 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Jurisdiction and Admissibility in Investment Arbitration, Filippo Fontanelli offers an analysis of the subject for practitioners and scholars. The author undertakes two converging studies: first, the practice of investment tribunals is surveyed to provide a representative overview of how jurisdiction and admissibility operate in arbitration proceedings. Second, these concepts are studied in the wider framework of public international law litigation, in the attempt to solve the definitional issues, or at least trace them back to their theoretical background. The analysis shows that the confusion prevailing in investment arbitration is largely a legacy of the comparable confusion that affects the notions of jurisdiction and admissibility in all kinds of dispute settlement under international law. Whilst the confusion is often irrelevant in the practice, some instances arise where it affects the outcome of the proceedings. The essay discusses some of these instances and recommends adopting a novel approach, which hinges on judicial discretion as the critical element of admissibility.

Arbitration Under International Investment Agreements

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Publisher :
ISBN 13 : 0195340698
Total Pages : 790 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Arbitration Under International Investment Agreements by : Katia Yannaca-Small

Download or read book Arbitration Under International Investment Agreements written by Katia Yannaca-Small and published by . This book was released on 2010 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arbitration Under International Investment Agreements: A Guide to the Key Issues provides a comprehensive analysis of the main issues that arise in investor-state arbitration. The contributing authors take the reader through the intricacies of this procedure before analyzing the main jurisdictional and substantive issues that confront arbitrators. The book concludes with a reflection on the role of precedent in investment arbitration. A diverse group of renowned experts in the field provide comprehensive coverage, making Arbitration Under International Investment Agreements a valuable resource for anyone working in or studying this field of law.

Revised Treaty

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Publisher : Presses de L'Ub
ISBN 13 :
Total Pages : 258 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Revised Treaty by : Economic Community of West African States

Download or read book Revised Treaty written by Economic Community of West African States and published by Presses de L'Ub. This book was released on 1995 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Investment Law and Arbitration

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Publisher : BRILL
ISBN 13 : 9004363033
Total Pages : 70 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis International Investment Law and Arbitration by : Borzu Sabahi

Download or read book International Investment Law and Arbitration written by Borzu Sabahi and published by BRILL. This book was released on 2018-07-17 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution. Particularly, this paper presents a roadmap over the historical context within which investor-State arbitration developed. It provides an overview of the main actors, the protections afforded to foreign investors, the content of modern BITs, and the challenges facing the system today.

The International Law of Investment Claims

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Publisher : Cambridge University Press
ISBN 13 : 0521855675
Total Pages : 685 pages
Book Rating : 4.5/5 (218 download)

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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.

Yearbook on International Investment Law & Policy 2012-2013

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Publisher : Oxford University Press
ISBN 13 : 0199386331
Total Pages : 738 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis Yearbook on International Investment Law & Policy 2012-2013 by : Andrea Bjorklund

Download or read book Yearbook on International Investment Law & Policy 2012-2013 written by Andrea Bjorklund and published by Oxford University Press. This book was released on 2014-07-07 with total page 738 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 raises a host of issues regarding international investment law and policy, especially in the area of international investment disputes. The Yearbook on International Investment Law & Policy 2012-2013 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment (FDI). 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. Contributions to the Yearbook on International Investment Law & Policy 2012-2013 cover the 2012-2013 trends in international investment agreements, the Foreign Direct Investment (FDI) trends, and the challenge of investment policies for outward FDI, as well as a review of 2012 international investment law and arbitration. This edition contains essays from the Symposium on Sustainable Development and International Investment Law: Bridging the Divide. Also included are general articles providing an analysis of arbitral tribunal practice regarding the applicable law to state contracts under the ICSID Convention in the Twenty First Century; the role of municipal laws in investment arbitration; the status of state-controlled entities under international investment law, the US and the Trans-Pacific partnership (TPP); new 2012 US Model BITs; and the Regulation of FDI in Bolivia. This volume concludes with the winning memorials from the 2012 FDI International Moot Competition.

Yearbook on International Investment Law and Policy 2012-2013

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Author :
Publisher : Yearbook on International Inve
ISBN 13 : 0199386323
Total Pages : 738 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis Yearbook on International Investment Law and Policy 2012-2013 by : Andrea K. Bjorklund

Download or read book Yearbook on International Investment Law and Policy 2012-2013 written by Andrea K. Bjorklund and published by Yearbook on International Inve. This book was released on 2014 with total page 738 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 raises a host of issues regarding international investment law and policy, especially in the area of international investment disputes. The Yearbook on International Investment Law & Policy 2012-2013 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment (FDI). 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. Contributions to the Yearbook on International Investment Law & Policy 2012-2013 cover the 2012-2013 trends in international investment agreements, the Foreign Direct Investment (FDI) trends, and the challenge of investment policies for outward FDI, as well as a review of 2012 international investment law and arbitration. This edition contains essays from the Symposium on Sustainable Development and International Investment Law: Bridging the Divide. Also included are general articles providing an analysis of arbitral tribunal practice regarding the applicable law to state contracts under the ICSID Convention in the Twenty First Century; the role of municipal laws in investment arbitration; the status of state-controlled entities under international investment law, the US and the Trans-Pacific partnership (TPP); new 2012 US Model BITs; and the Regulation of FDI in Bolivia. This volume concludes with the winning memorials from the 2012 FDI International Moot Competition.

World Investment Report 2018

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Publisher :
ISBN 13 : 9789211129267
Total Pages : 0 pages
Book Rating : 4.1/5 (292 download)

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Book Synopsis World Investment Report 2018 by : United Nations Publications

Download or read book World Investment Report 2018 written by United Nations Publications and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The World Investment Report 2018 provides analysis of the interaction between new industrial policies and investment policies. It provides an overview of industrial policy models - based on an inventory of industrial policies adopted by more than 100 countries over the last decade - and the role of investment policies within each model. The Report illustrates how investment policy instruments are used differently across various models and suggests ways to improve the impact of industrial policy through more effective and efficient investment policies. Finally, the Report offers recommendations to update existing investment policy instruments, including investment incentives, special economic zones, investment facilitation and foreign investment screening mechanisms."--Provided by publisher.

International Protection of Investments

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Publisher : Cambridge University Press
ISBN 13 : 1108882706
Total Pages : 1662 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis International Protection of Investments by : August Reinisch

Download or read book International Protection of Investments written by August Reinisch and published by Cambridge University Press. This book was released on 2020-07-16 with total page 1662 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.

International Investment Law and History

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1786439964
Total Pages : 397 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 2018-02-23 with total page 397 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.

Reconstructing the International Institutional Order

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Publisher : Collège de France
ISBN 13 : 2722605821
Total Pages : 26 pages
Book Rating : 4.7/5 (226 download)

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Book Synopsis Reconstructing the International Institutional Order by : Samantha Besson

Download or read book Reconstructing the International Institutional Order written by Samantha Besson and published by Collège de France. This book was released on 2021-09-14 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: States are no longer alone on the international scene. Other institutions intervene alongside States, and even sometimes in their place, such as international organizations, multinational corporations, non-governmental organizations, regions or global cities. Still, one would look in vain for clear indications in international law, including for the basic principles of an “international law of institutions” that could address the three fundamental questions of social and political organization that are representation, regulation and responsibility. What institutions may act in whose name internationally? What are the conditions for their actions to bind us legally and have the legitimacy to do so? And what institutions should be held responsible, by whom and how, in case of violation of international law? The time has come to reconstruct the international institutional order.