Download or read book Droits de l investisseur tranger 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.

Download or read book The Fair and Equitable Treatment Standard in the International Law of Foreign Investment written by Ioana Tudor and published by Oxford University Press, USA. This book was released on 2008 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text analyses the conventional and customary framework of the fair and equitable treatment clauses commonly found in bilateral investment treaties (BITs) and charts how these clauses have become norms of customary international law.

Download or read book L volution 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

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.

Download or read book L tre situ Effectiveness and Purposes of International Law written by Shotaro Hamamoto and published by BRILL. This book was released on 2015-05-26 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: The traditional and mainstream conception of international law presupposes a certain ideal type of State. However, each State is situated in a particular context – an Etat situé – and the universal, impartial and non-discriminatory application of international law to each State often produces unjustifiable results in the real world. International law thus needs to cope with this existential question in order to ensure and maintain the effectiveness of the international legal order, without, however, being trapped by a nihilistic relativism. This approach requires a flexible understanding and reconstruction of the international law-making theory. The present collection of essays gathers contributions written in honour of Professor Ryuichi Ida by his colleagues and former students, inspired by the dédicataire, who places particular emphasis upon the context, effectiveness and purposes of international law. The dédicataire’s perspective finds wide ranging applications and the present collection deals with international economic law, international criminal law, international environmental law, international law-making, the law of State responsibility and the law of international organizations. Contributors are: Tatsuya Abe, Pierre-Marie Dupuy, Shotaro Hamamoto, Machiko Kanetake, Tomohiko Kobayashi, Tomonori Mizushima, Hironobu Sakai, Akiho Shibata, Mari Takeuchi, Dai Tamada, Sakda Thanitcul, Zhi-an Wang, and Takuhei Yamada.

Download or read book International Investment Law and the Right to Regulate written by Lone Wandahl Mouyal and published by Routledge. This book was released on 2016-03-10 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book considers the ways in which the international investment law regime intersects with the human rights regime, and the potential for clashes between the two legal orders. Within the human rights regime states may be obligated to regulate, including a duty to adopt regulation aiming at improving social standards and conditions of living for their population. Yet, states are increasingly confronted with the consequences of such regulation in investment disputes, where investors seek to challenge regulatory interferences for example in expropriation claims. Regulatory measures may for instance interfere with the investment by imposing conditions on investors or negatively affecting the value of the investment. As a consequence, investors increasingly seek to challenge regulatory measures in international investment arbitration on the basis of a bilateral investment treaty. This book sets out the nature and the scope of the right to regulate in current international investment law. The book examines bilateral investment treaties and ICSID arbitrations looking at the indicative parameters that are granted weight in practice in expropriation claims delimiting compensable from non-compensable regulation. The book places the potential clash between the right to regulate and international investment law within a theoretical framework which describes the stability-flexibility dilemma currently inherent within international law. Lone Wandahl Mouyal goes on to set out methods which could be employed by both BIT-negotiators and adjudicators of investment disputes, allowing states to exercise their right to regulate while at the same time providing investors with legal certainty. The book serves as a valuable tool, an added perspective, for academics as well as for practitioners dealing with aspects of international investment law.

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 An Empirical Study of the Fair and Equitable Treatment Standard Clause written by Patrick Dumberry and published by Kluwer Law International B.V.. This book was released on 2024-07-15 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the vast majority of investment treaties include a fair and equitable treatment (FET) clause, a considerable degree of variation in the actual content of the clause remains. In this important book by a well-known authority in international investment law analyses how tribunals have concretely interpreted FET clauses in relation to the minimum standard of treatment (MST), with detailed reference to all publicly available awards dealing with the provision rendered by arbitral tribunals in the past 25 years. This first comprehensive survey of case law since the 2012 UNCTAD Report highlights the following important trends: tribunals have interpreted the status of a FET clause and its relationship with the MST differently depending on the specific wording of each provision; how a tribunal analyses the status of a clause has a direct impact on the interpretation (broad or narrow) it gives to the content of the standard, including whether or not it includes protecting investors’ legitimate expectations; the way a tribunal analyses this issue has, in turn, a direct impact on how it addresses matters of liability and compensation; and the success rate of claims filed under ‘stand-alone’ FET clauses (containing no mention of ‘international law’ or any other standard) and those referring to ‘international law’ is much higher compared to clauses expressly linked to the MST. This book is the first to provide solid empirical evidence showing that the scope of the FET protection under a treaty very much depends on the type of clause being applied by a tribunal. The author’s thorough analysis will provide arbitrators and counsel with useful guidelines to assess how the clause has been interpreted by tribunals. It will also offer States and other stakeholders an in-depth analysis of some of the pitfalls and benefits that are associated with each different type of FET clause.

Download or read book Law and Practice of Investment Treaties written by Andrew Paul Newcombe and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focuses on the substantive protections accorded to investors and investments and on the variations among jurisdictions. Among the many specific issues and topics that arise in the course of the discussion are the following: - problems of transparency and conflict of interest; - the recent growth in IIAs between and among developing nations; - the effect of new model bilateral investment treaties (BITs); - the ability of non-disputing parties to participate in investor-state arbitration; - theories of the interaction of foreign direct investment (FDI) and BITs; - investor-state arbitration as an evasion of public regulatory authority; - the role of investment funds in international investment; - 'fork in the road' provisions; and - institutional versus ad hoc arbitration. International business and other investors will greatly appreciate the in-depth information and insightful guidance in this solidly useful book. It will also be welcomed by jurists and students as a significant milestone in the development of principles in a quickly growing field of practice that is still plagued with inconsistencies.

Download or read book Investment Protection in Southeast Asia written by Loretta Malintoppi and published by BRILL. This book was released on 2016-10-05 with total page 462 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 Democracy and Sovereignty written by Daniel Erasmus Khan and published by BRILL. This book was released on 2022-11-28 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our world is in urgent need of global answers on subjects such as Big Data, climate change, and the interconnected global economy. This volume tackles those issues and more, with the goal of advancing more democratic modes of decision-making.

Download or read book Legal Treatment of Foreign Investment written by Ibrahim F.I. Shihata and published by BRILL. This book was released on 2023-12-04 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

Download or read book Immigration and Homelessness in Europe written by Edgar, Bill and published by Policy Press. This book was released on 2004-11-23 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes statistics.

Download or read book Fair and Equitable Treatment and the Fabric of General Principles written by Fulvio Maria Palombino and published by Springer. This book was released on 2017-11-27 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book moves from the circumstance whereby currently the obligation to provide fair and equitable treatment (FET) to foreign investments is included in the majority of international investment agreements and has proved to be the most invoked standard in investor-State arbitration. Hence, it is no overstatement to describe this standard as the basic norm of international investment law. Yet both its meaning and normative basis continue to be shrouded in ambiguity and, as a consequence, to inspire a considerable number of interpretations by legal writers. The book's precise aim is to unravel such ambiguity, arguing from the idea that FET has become part of the fabric of general international law, but has done so by means of a source somewhat neglected in legal doctrine. This being the category of general principles peculiar to a certain field of international law, i.e. those principles having their own foundations in the international legal order itself, but which, through the mediation of the judge, end up being shaped according to the features typical of a specific normative field. The book, as well as having a solid theoretical backdrop as its basis, offers a careful and critical analysis of pertinent case law, and will prove useful to both scholars and practitioners. Fulvio Maria Palombino is Professor of International Law at the Law Department of the University of Naples Federico II and a member of the Executive Board of the European Society of International Law. Specific to this book: • Explains the ICSID practice clearly and concisely • Useful in practical terms Excerpts from a review: ‘Fair and Equitable Treatment and the Fabric of General Principles’ is an original and well researched book, in which the author challenges a number of conventional wisdoms on FET.Among the strengths of the book one can mention the solid discussion of public international law principles relevant to FET and the interesting incursions into domestic law legal systems which play an important role in the understanding of FET components such as due process, legitimate expectations or proportionality. In particular the section on promises provides a convincing analysis of the issues that arise when the administration makes an assurance or representation to an investor. Against the backdrop of the examination of unilateral acts under public international law, Palombino’s analysis sheds new light on what ought to be the proper scope of protection under the legitimate expectations doctrine in case of governmental promises, clarifying a number of points which have received insufficient attention by arbitral tribunals thus far. - Michele Potestà, Attorney with Lévy Kaufmann-Kohler, Geneva; Senior Researcher, Geneva Center for International Dispute Settlement (CIDS) book review in International and Comparative Law Quarterly, (2018) 67(4), 1036-1037. For the full review, see: https://doi.org/10.1017/S0020589318000246

Download or read book Investment Treaty Law written by British Institute of International and Comparative Law and published by BIICL. This book was released on 2009 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Investment Treaty Forum of the British Institute of International and Comparative Law brings together eminent practitioners, arbitrators, and academics in the dynamic area of international investment law. Members of the Forum, under the British Institute's auspices, examine and debate the legal and policy issues presented by the increasingly complex web of investment treaties and the disputes that arise under them. The Forum held two conferences in 2007. This present volume compiles the papers presented at the conferences, as well as a transcript of the round-table discussion on the subject of 'precedent' in international investment. Part I of the book is devoted to remedies, compensation, and valuation in international investment disputes. This under-theorized area of law is ripe for further exploration by lawyers and economists, and the papers in this volume present a framework for further inquiry. Part II addresses the jurisprudence emerging from investment arbitration tribunals on issues such as fair and equitable treatment, 'umbrella' clauses, and nationality of claimants. The overarching question addressed by the papers, and by the concluding roundtable, is the relationship of those decisions with general international law and whether or not there is, or should be, a doctrine of precedent in investment treaty arbitration.

Download or read book Performance Requirement Prohibitions in International Investment Law written by Alexandre Genest and published by BRILL. This book was released on 2019-09-16 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Performance Requirement Prohibitions in International Investment Law, Alexandre Genest explores the prohibition of performance requirements in investment treaties. The author focuses on answering two questions: first, how do States prohibit performance requirements in investment treaties? And second, how should such prohibitions of performance requirements be interpreted and applied? In providing answers to these questions, Alexandre Genest breaks new ground by proposing the first empirical typology of performance requirement prohibitions in investment treaties and the first in-depth analysis of arbitral awards on the subject. Alexandre Genest formulates insightful remarks for a more deliberate and informed interpretation and application of existing performance requirement prohibitions. These remarks will help improve the drafting of performance requirement prohibitions in future investment treaties.