Download or read book Proportionality Reasonableness and Standards of Review in International Investment Law and Arbitration written by Valentina Vadi and published by Edward Elgar Publishing. This book was released on 2018-04-27 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is one of the most dynamic fields of international law, and yet it has been criticised for failing to strike a fair balance between private and public interests. In this valuable contribution to the current debate, Valentina Vadi examines the merits and pitfalls of arbitral tribunals’ use of the concepts of proportionality and reasonableness to review the compatibility of a state’s regulatory actions with its obligations under international investment law.
Download or read book Proportionality Test in Investor state Arbitration written by 薛琪 and published by . This book was released on 2018 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Proportionality in Investor State Arbitration written by Gebhard Bücheler and published by . This book was released on 2015 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: While international investment law is one of the most dynamic and thriving fields of international law, it is increasingly criticized for failing to strike a fair balance between private property rights and the public interest. Proportionality is a tool to resolve conflicts between competing rights and interests. This book assesses its current role, its potential, and its limits in investor-State arbitration. Proportionality is often lauded for reconciling colliding interests. This book identifies three factors arbitrators should consider before engaging in a proportionality analysis: the rule of law, the risk of judicial law-making, and the availability of a value system that guides the proportionality analysis. Apart from making suggestions when arbitrators should apply proportionality and when not to, the book outlines what States can do to recalibrate the balance between private property rights and the public interest if they wish to do so without dismantling the current system of investor-State arbitration. Proportionality in Investor-State Arbitration considers whether and to what extent the notion of general principles of law within the meaning of Article 38(1)(c) of the ICJ Statute and the concept of systemic integration enshrined in Article 31(3)(c) of the Vienna Convention on the Law of Treaties provides a valid legal foundation for applying proportionality in investor-State arbitration.
Download or read book Proportionality and Deference in Investor State Arbitration written by Caroline Henckels and published by Cambridge University Press. This book was released on 2015-10-15 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Caroline Henckels examines how investment tribunals should balance competing state and investor interests in determining state liability in regulatory disputes.
Download or read book International Investment Law written by Tarcisio Gazzini and published by Martinus Nijhoff Publishers. This book was released on 2012-08-22 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational investment involves a variety of actors (States, public and private legal entities, and natural persons) whose relationships are governed by rules and legal instruments belonging to different legal systems. This book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction. It focuses primarily on the network of over 3,000 Bilateral Investment Treaties, international investment contracts, customary international law, the main multilateral treaties, national legislation, international case law and general principles of law. The book, firmly based on State practice, arbitral awards and national decisions, is indispensable to fully appraise the nature and content of the claims of private investors as well as to identify the law applicable in investment arbitration.
Download or read book International Investment Law and Comparative Public Law written by Stephan W. Schill and published by Oxford University Press. This book was released on 2010-10-14 with total page 922 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.
Download or read book The Role of Proportionality in International Investment Law and Arbitration written by Eric De Brabandere and published by . This book was released on 2020 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this article, we examine the place of proportionality and related tests in international investment law and arbitration by looking specifically at the challenges faced by this field on applying proportionality coherently and consistently. We also assess where proportionality has been used in international investment law and arbitration. We argue that a sound appreciation of proportionality in international investment law requires taking into account the inherently imbalanced conception of international investment agreements, the incoherence of the international investment law regime, and the ad hoc dispute settlement method tasked with applying and interpreting a variety of imprecise and diverging norms. Therefore, international investment law and arbitration have not developed an institutionalized approach towards proportionality. Since investment agreements and international investment arbitration form a rather incoherent collective of cases and as a result, have not developed a single or uniform approach towards proportionality, there is a tendency to individually approach cases.
Download or read book Seeing the Forest Without the Trees The Doubtful Case for Proportionality Analysis in International Investment Arbitration written by Benedikt Pirker and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proportionality analysis has been positioned in the academic debate as intrinsically linked to constitutional regimes and the specific structure of fundamental rights. The present contribution takes up the arguments developed in other fields of law and examines their validity in the context of investor-state arbitration. Rejecting the conceptualization of investment arbitration as a developing constitutional regime, the author suggests that the conceptual foundations for using proportionality analysis are shaky, both based on the nature of the rights typically enshrined in bilateral investment treaties and on the features of investment arbitration. A subsequent overview of the case law brings to light that arbitral tribunals to date have shied away from relying extensively on proportionality analysis and have only paid lip service to the concept on a rather limited number of occasions. Future case law, it is suggested, should thus rather focus on the development of appropriate criteria for each treaty provision instead of opting for balancing approaches.
Download or read book Developing States Long Walk to Freedom written by and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Regulatory Freedom and Indirect Expropriation in Investment Arbitration written by Aniruddha Rajput and published by Kluwer Law International B.V.. This book was released on 2018-12-20 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many investment arbitration cases involve a challenge to a regulatory measure of a host state on the basis of indirect expropriation. The practice of arbitral tribunals is diverse and unsettled. In recent years States have been trying to clarify the relationship between regulatory freedom (also known as 'police powers') and indirect expropriation by revising provisions on indirect expropriation in their investment treaties. This book provides the first focused analysis of indirect expropriation and regulatory freedom, drawing on a broad range of the jurisprudence of investment tribunals. The nature of regulatory freedom in international law has been explained on the bases of jurisprudence of international courts and tribunals such as the International Court of Justice (ICJ), Permanent Court of International Justice (PCIJ), dispute resolution bodies of the World Trade Organisation (WTO), European Court of Human Rights. While showing how cases involving standoff between regulatory freedom and indirect expropriation can be resolved in practice, the book goes on to present a conceptual framework for interpreting the nuances of this relationship. The book provides a detailed responses to the following complex questions: • To what extent do states retain regulatory freedom after entering into investment treaties? • What is the scope of regulatory freedom in general public international law? • What are the elements of regulatory freedom and standard of review? • How to draw a dividing line between regulatory freedom and indirect expropriation? • Whether the sole effects doctrine or the police powers is the appropriate method for distinguishing between regulatory freedom and indirect expropriation? While addressing these questions, the author analyses different theoretical approaches that reflect upon the relationship between regulatory freedom and indirect expropriation and how far they assist in understanding these potentially overlapping concepts; their relationship with each other; and the method for distinguishing between them. Given the dense network of around three thousand bilateral investment treaties (BITs) that impose an obligation to protect foreign investments in a State, this book will help practitioners identify, through analysis of cases from diverse fields, how a situation may be categorized either as regulatory freedom or as indirect expropriation. The analysis will also be of value to government officials and lawyers involved in negotiating and re-negotiating investment treaties, and to arbitrators who have to decide these issues. Scholars will welcome the book's keen insight into the contentious relationship between a customary international law norm and a treaty norm.
Download or read book The New Common written by Emile Aarts and published by Springer Nature. This book was released on 2021-03-19 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book presents the scientific views of some fifty experts on how they believe the COVID-19 pandemic is currently affecting society, and how it will continue to do so in the years to come. Using the concept of a “common” (in the sense of common values, common places, common goods, and common sense), they elaborate on the transition from an Old Common to a New Common. In carefully crafted chapters, the authors address expected shifts in major fields like health, education, finance, business, work, and citizenship, applying concepts from law, psychology, economics, sociology, religious studies, and computer science to do so. Many of the authors anticipate an acceleration of the digital transformation in the forthcoming years, but at the same time, they argue that a successful shift to a new common can only be achieved by re-evaluating life on our planet, strengthening resilience at an individual level, and assuming more responsibility at a societal level.
Download or read book Investor state Arbitration as Governance Fair and Equitable Treatment Proportionality and the Emerging Global Administrative Law written by Benedict Kingsbury and published by . This book was released on 2009 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Proportionality in Investor State Arbitration written by Gebhard B?cheler and published by OUP Oxford. This book was released on 2015-06-11 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: While international investment law is one of the most dynamic and thriving fields of international law, it is increasingly criticized for failing to strike a fair balance between private property rights and the public interest. Proportionality is a tool to resolve conflicts between competing rights and interests. This book assesses its current role, its potential, and its limits in investor-State arbitration. Proportionality is often lauded for reconciling colliding interests. This book identifies three factors arbitrators should consider before engaging in a proportionality analysis: the rule of law, the risk of judicial law-making, and the availability of a value system that guides the proportionality analysis. Apart from making suggestions when arbitrators should apply proportionality and when not to, the book outlines what States can do to recalibrate the balance between private property rights and the public interest if they wish to do so without dismantling the current system of investor-State arbitration. Proportionality in Investor-State Arbitration considers whether and to what extent the notion of general principles of law within the meaning of Article 38(1)(c) of the ICJ Statute and the concept of systemic integration enshrined in Article 31(3)(c) of the Vienna Convention on the Law of Treaties provides a valid legal foundation for applying proportionality in investor-State arbitration.
Download or read book Fair and Equitable Treatment written by United Nations Conference on Trade and Development and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher.
Download or read book Investor State Dispute Settlement written by Scott Miller and published by Rowman & Littlefield. This book was released on 2015-02-02 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investor-State Dispute Settlement (ISDS) is a provision in Bilateral Investment Treaties (BITs) and other international investment agreements that allows investors to enter arbitration with states over treaty breaches. ISDS has become controversial in the United States and our negotiating partners; critics, including some governments, have argued that ISDS is unnecessary, while others insist it is illegitimate as public policy. Treaty-based investment protection represents a major advance in the fair treatment of aliens and the peaceful resolution of disputes. Given the alternatives, withdrawing from investment treaties—the logical conclusion of the critics’ position—would likely have negative consequences for economic growth and the rule of law. This report is an empirical review of ISDS, based on the record of disputes under existing investment treaties.
Download or read book Contract Interpretation in Investment Treaty Arbitration written by Yuliya Chernykh and published by International Litigation in Press. This book was released on 2022 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: "As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--
Download or read book The Legitimacy of Investment Arbitration written by Daniel Behn and published by Cambridge University Press. This book was released on 2022-01-13 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment arbitration remains one of the most controversial areas of globalisation and international law. This book provides a fresh contribution to the debate by adopting a thoroughly empirical approach. Based on new datasets and a range of quantitative, qualitative and computational methods, the contributors interrogate claims and counter-claims about the regime's legitimacy. The result is a nuanced picture about many of the critiques lodged against the regime, whether they be bias in arbitral decision-making, close relationships between law firms and arbitrators, absence of arbitral diversity, and excessive compensation. The book comes at a time when several national and international initiatives are under way to reform international investment arbitration. The authors discuss and analyse how the regime can be reformed and ow a process of legitimation might occur.
