Download or read book International Investment Treaties and Arbitration Across Asia written by Julien Chaisse and published by BRILL. This book was released on 2017-12-18 with total page 725 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Investment Treaties and Arbitration Across Asia brings together leading academics and practitioners to examine whether and how the Asian region has or may become a significant ‘rule maker’ in contemporary international investment law and dispute resolution. The editors introduce FDI trends and regulations, investment treaties and arbitration across Asia. Authors add country studies for the ten member states of the Association of Southeast Asian Nations as well as an overview of ASEAN treaties, or examine other potential ‘middle powers’ (Korea, Australia and New Zealand collectively) and the emerging ‘big players’ (China, Japan and India). Two early chapters present econometric studies of treaty impact on FDI flows, in aggregate as well as for Thailand, while two concluding chapters offer other normative and forward-looking perspectives.
Download or read book The Asian Turn in Foreign Investment written by Mahdev Mohan and published by Cambridge University Press. This book was released on 2021-08-26 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critically discusses the increasing significance of Asian States in the field of international investment law and policy. Contains analyses of national investment law rule-making in Asia, contributions of Asian States on cutting-edge developments to the global community, and contemplates future possibilities for investor-State dispute settlement.
Download or read book Decoding Chinese Bilateral Investment Treaties written by Shen Wei and published by Cambridge University Press. This book was released on 2024-07-25 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a major work investigating China's bilateral investment treaties (BITs) regime through various approaches including textual analysis, case study, comparative study and empirical study. This book tries to unveil some of the puzzles in Chinese BITs. The general consensus is that the evolution of China's BIT regime has its underlying logic, which follows an investment liberalization trend and fits China's changing role from a key capital-importing state to a major capital-exporting state. A similar trend is evident in Chinese BIT-making and BIT policy. This book investigates these theoretical assumptions and looks into some of the loopholes in Chinese BITs.
Download or read book Domestic Law in International Investment Arbitration written by Jarrod Hepburn and published by Oxford University Press. This book was released on 2017-03-01 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although domestic law plays an important role in investment treaty arbitration, this issue is little discussed or analysed. When should investment treaty tribunals engage with domestic law? How should investment treaty tribunals resolve matters of domestic law? These questions have significant ramifications for both the legitimacy of the investment treaty system and the arbitral mandate of the tribunal members. Drawing on case law, international law principles, and comparative analysis, this book addresses these important issues. Part I of the book examines three areas of investment law-the 'fair and equitable treatment' standard, expropriation, and remedies-in which the role of domestic law has so far been under-appreciated. It argues that tribunals are justified in drawing on domestic law as a relevant factor in their rulings on these three issues. Part II of the book examines how questions of domestic law should be resolved in investment arbitration. It proposes a normative framework for use by tribunals in ascertaining the contents of the domestic law to be applied. It then considers counter-arguments, exemptions, and exceptions to applying this framework, and it evaluates how tribunals have ruled on questions of domestic law to date. Investment treaty arbitration has endured much criticism in recent times, partly over fears of its encroachment on sovereignty. The book ultimately contends that closer attention by tribunals to one of the principal expressions of a state's sovereignty-the elaboration of its domestic law-will reduce criticism of the field.
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.
Download or read book International Investment Law and Investor State Disputes in Central Asia written by Kiran Nasir Gore and published by Kluwer Law International B.V.. This book was released on 2022-12-09 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: The five Central Asian States – Kazakhstan, the Kyrgyz Republic, Tajikistan, Turkmenistan and Uzbekistan – collectively present a unique case study for the nexus between international investment frameworks, investor-State dispute settlement (ISDS) and the future of this field. In this groundbreaking book, the editors have curated contributions from globally renowned practitioners and scholars to provide the first comprehensive overview of experiences and lessons arising from the region. This book draws upon the Central Asian experience with international investment law and ISDS to develop globally relevant insights and analyses on, among other topics: approaches to foreign direct investment and domestic investment legislation; jurisdictional questions arising in investment treaty arbitration, such as the notion of ‘investor’ and the definition of ‘investment’; the interpretation of investment treaties and the role of international and domestic law; substantive and procedural rights of foreign investors, with a focus on guarantees against expropriation and most-favoured nation and fair and equitable treatment standards; arbitral awards, as well as grounds and procedures for their enforcement and annulment; the state-of-play for allegations of corruption and fraud once a dispute has arisen; and emerging challenges and opportunities in light of ongoing reform initiatives. This book establishes that the Central Asian experience should be taken into consideration in any comprehensive and robust discussion on the future of international investment law and ISDS. It provides useful analyses of how these frameworks may be improved, reformed and remain fit for purpose. This book is an essential tool that allows practitioners, arbitrators, policymakers and scholars to confidently engage with the substantive and procedural challenges and opportunities that are anticipated in the next generation of investor-State disputes.
Download or read book Asian Perspectives on International Investment Law written by Asian International Economic Law Network. Conference and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the major factors that have steered Asian countries in international investment rule-making and dispute settlement, new models of international investment law, and other issues from Asian perspectives, and forecasts the future of Asian contribution to the science and practice of international investment law.
Download or read book International Investment Arbitration written by Johan Billiet and published by Maklu. This book was released on 2016 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment Arbitration is a multi-billion dollar venture. It is an area of international dispute resolution, which has undergone tremendous growth in recent years and resulted in the signature of thousands of Bilateral Investment Treaties (BITs) between foreign states and several Multilateral Investment Treaties (MITs). Numerous disputes involving these instruments are resolved through international arbitration. Arbitral tribunals have rendered many awards ordering the payment of large sums of money. This handbook provides an explanatory introduction into the area of investment arbitration, differentiating it from commercial arbitration and state-to-state arbitration. It examines the legal framework and the general course of an international investment arbitration. In particular, it focuses on the standards of protection in international investment agreements, the concept of jurisdiction in international investment arbitration and the arbitral award, including the notions of recognition, enforcement and execution. Moreover, this cutting-edge publication contains relevant and recent case law in the area and deals with contemporaneous issues such as the ongoing controversy regarding the future of Intra-EU BITs and Free Trade Agreements as well as the link between vulture funds and investment arbitration. The handbook aims at arbitrators, lawyers, practitioners, academics, students and everyone with an interest in international investment arbitration.
Download or read book U S International Investment Agreements written by Kenneth J. Vandevelde and published by Oxford University Press. This book was released on 2009 with total page 909 pages. Available in PDF, EPUB and Kindle. Book excerpt: U.S. International Investment Agreements is the definitive interpretative guide to the United States' bilateral investment treaties (BITs) and free trade agreements (FTAs) with investment chapters. Providing an authoritative look at the development of the BIT program, treatment provisions, expropriation, and other provisions, Kenneth J. Vandevelde draws on his years of investment treaty and agreement expertise as both a former practitioner and a scholar. This unique and well-organized book analyzes the development of U.S. international investment agreement language and strategy within their historical context. It also explains the newest changes to the model negotiating text (US Model BIT 2004) and additional treaties.
Download or read book International Investment Arbitration written by Campbell McLachlan and published by OUP Oxford. This book was released on 2014-03 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an authoritative and full-scale review of the substantive law and principles of investment treaty arbitration. The first edition has been widely referenced and relied upon, and presents the first and deepest analysis of this rapidly-growing field; the second edition accounts for the significant growth in BITs and case law since 2006.
Download or read book Asia s Changing International Investment Regime written by Julien Chaisse and published by Springer. This book was released on 2018-12-11 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the Asia-Pacific region, delineating the evolving dynamics of foreign investment in the region. It examines the relationship between efforts to increase foreign direct investment (FDI) and efforts to improve governance and inclusive growth and development. Against a background of rapidly developing international investment law, it emphasises the need to strike a balance between these domestic and international legal frameworks, seeking to promote both foreign investment and the laws and policies necessary to regulate investments and investor conduct. Foreign investments play a pivotal role in most countries’ political economies, and in order to encourage cross-border capital flows, countries have taken various steps, such as revising their domestic legal frameworks, liberalising rules on inward and outward investment, and creating special regimes that provide incentives and protections for foreign investment. Alongside the developments in domestic laws, countries have also taken bilateral and multilateral action, including entering into trade and/or investment agreements. Further, the book explores regional investment trends, highlights specific features of Asia-Pacific investment laws and treaties, and analyses policy implications. It addresses four overarching themes: the trends (how Asia-Pacific’s agreements compare with recent global trends in the evolving rules on foreign investment); what China is doing; current investment arbitration practice in Asia; and the importance of regionalising investment law in the Asia-Pacific region. In addition, it identifies and discusses the research and policy gaps that should be filled in order to promote more sustainable and responsible investment. The book offers a valuable resource not only for academics and students, but also for trade and investment officials, policy-makers, diplomats, economists, lawyers, think tanks, and business leaders interested in the governance and regulation of foreign investment, economic policy reforms, and the development of new types of investment agreements.
Download or read book The Foundations of International Investment Law written by Zachary Douglas and published by Oxford University Press, USA. 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.
Download or read book Investment Protection in Southeast Asia written by Loretta Malintoppi and published by Brill - Nijhoff. This book was released on 2016-10-21 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment Protection in Southeast Asia: A Country-by-Country Guide on Arbitration Laws and Bilateral Investment Treaties is a vital reference guide to investment protection in the region, providing succinct answers to the main questions that investors may consider in connection with investments in a given jurisdiction. Each country chapter covers arbitral legislation and institutions in the country, investment-related domestic laws, an analysis of its bilateral investment treaties, and a summary of investment cases involving the relevant State or its investors.
Download or read book International Investment Law and Arbitration written by Chin Leng Lim and published by Cambridge University Press. This book was released on 2018-04-26 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: What was once a contested body of principles applied peripherally to the international settlement of expropriation disputes has been transformed and in its place now stands an important area of international disputes practice. International Investment Law and Arbitration offers a comprehensive introduction to the subject. Presenting the facts of daily legal practice and the largely unaltered aims of the subject alongside a broad selection of key awards and original materials, historical developments are discussed in the context of the changing directions in the arbitral jurisprudence and current treaty and arbitration reform debate. Key features: accessible and engaging commentary integrated throughout, end of chapter questions test reader understanding, further reading lists support and encourage exploration of the subject. Suitable for postgraduate law students studying modules on international investment arbitration, International Investment Law and Arbitration offers an indispensable introduction to the subject.
Download or read book Commentaries on Selected Model Investment Treaties written by Chester Brown and published by OUP Oxford. This book was released on 2013-01-17 with total page 1018 pages. Available in PDF, EPUB and Kindle. Book excerpt: The existing literature on the substantive and procedural aspects of bilateral investment treaties (BITs) relies heavily on investment treaty arbitration decisions as a source of law. What is missing is a comprehensive, analytical review of state practice. This volume fills this gap, providing detailed analyses of the investment treaty policy and practice of nineteen leading capital-exporting states and emerging market economies. The authors are leading experts in government, academia, and private legal practice, and their chapters are largely based on primary source materials. Each chapter provides a description of the regulatory or policy framework governing foreign investment (both inflows and outflows) with a historical presentation of the state's Model BIT; an examination of internal government processes and practices relating to treaty negotiation, conclusion, ratification and record-keeping; and a detailed article-by-article analytical commentary of the state's Model BIT, elucidating the policy behind each provision and highlighting the ways in which the actual investment treaty practice of that state deviates from this standard text. This commentary is supplemented by the case law relevant to that state's investment treaties. This commentary will be of immense assistance to counsel and arbitrators engaged in arguing and determining the proper interpretation of BITs and investment chapters in Free Trade Agreements, and to government officials and scholars engaged in BIT policy formulation and implementation. It will serve as a standard resource for legal practitioners, scholars, policy-makers and other stakeholders in the field of international investment policy, law, and arbitration.
Download or read book International Challenges in Investment Arbitration written by Mesut Akbaba and published by Routledge. This book was released on 2018-09-21 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the proverbial workhorse of international economic law, investment arbitration is heavily relied upon around the globe. It has to cope with the demands of increasingly complex proceedings. At the same time, investment arbitration has come under close public scrutiny in the midst of heated political debate. Both of these factors have led to the field of investment protection being subject to continuous changes. Therefore, it presents an abundance of challenges in its interpretation and application. While these challenges are often deeply rooted in the doctrinal foundations of international law, they similarly surface during live arbitral proceedings. International Challenges in Investment Arbitration serves not only as a collection of recently debated issues in investment law; it also deals with the underlying fundamental questions at the intersection of investment arbitration and international law. The book is the product of the 1st Bucerius Law Journal Conference on International Investment Law & Arbitration. It combines the current state of knowledge, new perspectives on the topic as well as practical issues and will be of interest to researchers, academics and practitioners in the fields of international investment law, international economic law, regulation and comparative law.
Download or read book China s Treaty Policy and Practice in International Investment Law and Arbitration written by G. Matteo Vaccaro-Incisa and published by BRILL. This book was released on 2021-04-26 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: With his comparative and analytical review of China's treaty policy and practice in international investment law, Vaccaro-Incisa draws the most detailed, comprehensive, effective, and objective work ever published on this subject.
