Download or read book From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court written by Marc Bungenberg and published by Springer Nature. This book was released on 2019-09-11 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The “feasibility study” presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.

Download or read book Draft Statute of the Multilateral Investment Court written by Marc Bungenberg and published by . This book was released on 2021-02-15 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU is aiming for a Multilateral Investment Court (MIC) to replace the existing investment arbitration system. Based on the current debates in UNCITRAL and other fora this Draft Statute of an MIC demonstrates that it is possible to have a new system of dispute settlement. For the first time, a complete draft agreement is presented for the design of such an MIC as a new international organization, implementing strict rule of law-requirements for dispute settlement. Besides rule of law-considerations, cornerstones are reduced costs, a permanent bench of judges with an appellate system, transparency, more consistency in case law as well as the effective enforceability of MIC decisions.

Download or read book The ICSID Convention written by Christoph Schreuer (juriste) and published by Cambridge University Press. This book was released on 2009 with total page 1599 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID).

Download or read book The Political Economy of the Investment Treaty Regime written by Jonathan Bonnitcha and published by Oxford University Press. This book was released on 2017 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in international investment arbitration is growing and some developed and developing countries are beginning to revisit their investment treaty policies. The Political Economy of the Investment Treaty Regime synthesises and advances the growing literature on this subject by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, it asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment? Through a concise, but comprehensive, analysis, this book fills in some of the many "blind spots" of academics from different disciplines, and is the first port of call for lawyers, investors, policy-makers, and stakeholders trying to make sense of these critical instruments governing investor-state relations.

Download or read book European Yearbook of International Economic Law 2020 written by Marc Bungenberg and published by Springer Nature. This book was released on 2021-11-05 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 11 of the EYIEL focuses on rights and obligations of business entities under international economic law. It deals with the responsibilities of business entities as well as their special status in various subfields of international law, including human rights, corruption, competition law, international investment law, civil liability and international security law. The contributions to this volume thus highlight the significance of international law for the regulation of business entities. In addition, EYIEL 11 addresses recent challenges, developments as well as events in European and international economic law such as the 2019 elections to the European Parliament, Brexit and the EU-Mercosur Free Trade Agreement. A series of essays reviewing new books on international trade and investment law completes the volume.

Download or read book The Future of Investment Treaty Arbitration in the EU written by Crina Baltag and published by Kluwer Law International B.V.. This book was released on 2020-07-16 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: In March 2018, the Court of Justice of the European Union (EU) ruled in Achmea that investor-state dispute resolution provisions in intra-EU bilateral investment treaties (BITs) are incompatible with EU law and ipso facto invalid. In January 2019, EU Member States issued Declarations on the Legal Consequences of the Judgment in Achmea undertaking to take steps formally to terminate intra-EU BITs. However, at present, there is no consensus among them on the implications of Achmea on the Energy Charter Treaty, the multilateral energy treaty to which the EU and its Member States are all parties. Many EU law scholars consider the Achmea judgment as the death knell to intra-EU investment treaty arbitrations. Some have even predicted the end of Investor-State Dispute Settlement itself. Investment treaty and public international law scholars and legal practitioners, however, have a different view of the schism now growing between EU and international law. The Future of Investment Treaty Arbitration in the EU examines the current and the proposed new framework for investment protection in the EU and internationally, with a particular focus on investment treaty arbitration and energy-related investments. With contributions from leading academics and practitioners, the book addresses the following themes: Intra-EU investment protection and the rule of law, including the proposed Multilateral Investment Court. The original purpose and features of investment protection, with particular focus on the EU. The Achmea judgment and its impact on the Energy Charter Treaty and energy investments. The ongoing discussion to modernize the Energy Charter Treaty post-Achmea. EU state aid and investment arbitral awards. Recognition and enforcement of investment arbitral awards post-Achmea in EU Member States, including in the light of Brexit. Recognition and enforcement of investment arbitral awards post-Achmea in China, Singapore, Switzerland and the United States. This eminently informative book is very timely given the ongoing debate taking place in the EU and internationally regarding the interrelationship between investment treaty arbitration, public international law and EU law. The contributions from leading academics, scholars and European Commission officials provide a balanced, contextualized, detailed and critical analysis that will aid interested stakeholders to navigate their way with confidence through this difficult and changing area of the law. Testimonial: ”...is a welcome addition to the already vast literature focusing on EU investment arbitration. Perhaps the main merit of the book is that it brings together different perspectives on the debates ensuing in this field, offering the reader both the EU perspective and that of public international/investment lawyers. As such, it harmoniously integrates those - sometimes conflicting - views and is a great starting point for anyone unfamiliar with the subject (while also being of relevance to practitioners and academics with a knowledge of intra-EU investment arbitration), allowing the reader to gain an in-depth and fully comprehensive understanding of the legal problems raised in this area.” Alexandros-Catalin Bakos (LL.M) Editor, Revista Româna de Arbitraj / Volume 54, Issue 3/2020, p183-194

Download or read book The Selection and Removal of Arbitrators in Investor State Dispute Settlement written by Chiara Giorgetti and published by BRILL. This book was released on 2019-09-24 with total page 99 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Selection and Removal of Arbitrators in Investor-State Dispute Settlement examines two essential features in investor-state dispute resolution: how arbitrators are selected and removed. Both topics have received increasing scrutiny and criticism, that have in turn generated calls for reforms. In its first part, Professor Chiara Giorgetti, an expert in international arbitration, explains the selection of arbitrators procedurally and comparatively under the most-often used arbitration rules. She then reviews critically arbitrators’ necessary and desirable qualities, and addresses some important and related policy issues, such as diversity and repeat appointments. In her work, she also includes an assessment of the calls to review how arbitrators are appointed, and specifically the proposal by the European Commission to create a permanent tribunal to resolve international investment disputes, the UNCITRAL Working Groups III Reform Process and the rules amendment proposal undertaken by the Secretariat of the International Center for Settlement of Investment Disputes. In its second part, this monograph examines how arbitrators can be removed and reviews first the applicable provisions, under a variety of arbitration rules, to remove arbitrators who fail to possess the necessary qualities. It then also reviews the relevant case-law on challenges. The monograph assesses appointments and removals in a multifaceted and comprehensive way, and includes a critical assessment of the reasons and calls for reform of the ISDS system.

Download or read book Defending Checks and Balances in EU Member States written by Armin von Bogdandy and published by Springer Nature. This book was released on 2021-01-05 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book deals with Article 7 TEU measures, court proceedings, financial sanctions and the EU Rule of Law Framework to protect EU values with a particular focus on checks and balances in EU Member States. It analyses substantive standards, powers, procedures as well as the consequences and implications of the various instruments. It combines the analysis of the European level, be it the EU or the Council of Europe, with that of the national level, in particular in Hungary and Poland. The LM judgment of the European Court of Justice is made subject to detailed scrutiny.

Download or read book Shifting Paradigms in International Investment Law written by Steffen Hindelang and published by Oxford University Press. This book was released on 2016-01-22 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.

Download or read book Reshaping the Investor State Dispute Settlement System written by Jean E. Kalicki and published by Hotei Publishing. This book was released on 2015-02-04 with total page 1043 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century, editors Jean E. Kalicki and Anna Joubin-Bret offer for the first time a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has generated a strong debate, usually framed by complaints about a perceived lack of legitimacy, consistency and predictability. While some ideas have been proposed for improvement, there has never before been a book systematically focusing on constructive paths forward. This volume features 38 chapters by almost 50 leading contributors, all offering concrete proposals to improve the ISDS system for the 21st century.

Download or read book International Investment Law and Arbitration written by Todd Weiler and published by Cameron May. This book was released on 2005 with total page 838 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents a collection of essays.

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 Legitimacy and International Courts written by Nienke Grossman and published by Cambridge University Press. This book was released on 2018-02-22 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.

Download or read book Towards Consistency in International Investment Jurisprudence written by Katharina Diel-Gligor and published by BRILL. This book was released on 2017-05-22 with total page 614 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investor-State arbitration is currently a much-debated topic, both within the legal community and in the public at large. In Towards Consistency in International Investment Jurisprudence, Katharina Diel-Gligor addresses the alleged proliferation of inconsistent decision-making in this field – one of the main points of concern raised in the ongoing discussions. After exploring whether such criticism is appropriate at all, she goes on to examine the different causes, forms, and manifestations of the inconsistencies that exist through a detailed analysis of ICSID arbitration. The author then canvasses possible approaches to reform and concludes that an ICSID preliminary ruling system – the practicalities of which are set out in the study – is a suitable means for enhancing consistency in investment arbitration and moving towards a jurisprudence constante.

Download or read book Sustainable Development in EU Foreign Investment Law written by Stefanie Schacherer and published by BRILL. This book was released on 2021-08-24 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sustainable Development in EU Foreign Investment Law offers a clear and convincing assessment of how the EU contributes to the ongoing debate on sustainable development integration in international investment agreements.

Download or read book Public Actors in International Investment Law written by Catharine Titi and published by Springer Nature. This book was released on 2021 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book focuses on public actors with a role in the settlement of investment disputes. Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.

Download or read book Public Participation and Foreign Investment Law written by Eric de Brabandere and published by Nijhoff International Investme. This book was released on 2021 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Public Participation and Foreign Investment Law offers a systematic treatment of public participation from the standpoint of the three main sources of foreign investment law, namely treaties, legislation and contracts. It identifies and critically discusses the different forms of public participation that can be found or envisaged in foreign investment law. From this perspective, the book looks at public participation as vehicle to strike a balance between private and public rights and interests. This book contributes to the understanding of the current forms, level and impact of public participation. It provides indications on how such participation could be enhanced with a view of improving the balance and legitimacy of the legal instrument related to the promotion and protection of foreign investments"--