Download or read book A Guide to State Succession in International Investment Law written by Patrick Dumberry and published by Edward Elgar Publishing. This book was released on 2018-07-27 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Guide to State Succession in International Investment Law provides a comprehensive analysis of State succession issues arising in the context of international investment law. The author examines whether a successor State is bound by the investment treaties and State contracts which the predecessor State had signed with other States and foreign investors before the date of succession. Actors who are called upon to apply rules of State succession in investment arbitration cases will find this book a valuable source of practical guidance with strong theoretical foundations.
Download or read book Investor State Arbitration written by Christopher Dugan and published by Oxford University Press. This book was released on 2011-11-25 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt: I. Introduction II. History and Limitations of the Traditional System for Resolving Investment Disputes III. The Modern System of Investor-State Arbitration IV. Commonly Used Procedural Rules V. Procedural Law Applicable in Investor-State Arbitration VI. National Court Interference: Anti-Arbitration Injunctions VII. The Course of an Investment Arbitration VIII. Consolidation under Relevant Arbitration Rules or Treaties IX. Governing Law in Investment Disputes X. Consent to Arbitral Jurisdiction XI. The Concept of Investment XII. The Nationality of the Investor XIII. Exhaustion of Local Remedies XIV. Election of Forum: National Courts and Contract Arbitrations XV. Discrimination XVI. Expropriation XVII. "Fair and Equitable Treatment" and "Full Protection and Security" XVIII. Umbrella Clauses XIX. Damages, Compensation, and Non-Pecuniary Remedies XX. Annulment and Set Aside XXI. Enforcement of Awards XXII. The Future of International Investment Arbitration Select Bibliography Index Table of Cases Index of Treaties, Conventions, and International Agreements.
Download or read book The Return of the Home State to Investor State Disputes written by Rodrigo Polanco and published by Cambridge University Press. This book was released on 2019-01-10 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of home states to investment disputes and questions whether it represents a return to diplomatic protection.
Download or read book The Future of the Social Investment State written by Marius R. Busemeyer and published by Routledge. This book was released on 2020-04-02 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Social investment is part of a strategy to modernize the European welfare states by focusing on human resource development throughout the life-course, while ensuring financial sustainability. The last decades have seen cost containment in areas such as pensions and health care, but also expansion in areas such as early childhood education, higher education and active labor market policies. This development is linked to a Social Investment (SI) approach, which should, ideally, promote a better reconciliation of work and family life, high levels of labor market productivity and strong economic growth, while also mitigating social inequality. However, institutionalization of policies that may mainly benefit the middle class has some unintended effects, such as perpetuating new inequalities and the creation of other Matthew effects. While research on the rise of the social investment state as a new paradigm of social policy-making for European welfare states has grown significantly, there are still important gaps in the literature. The chapters in this book address the controversies around social investment related to inequalities, individual preferences and the politics of social investment. This volume is therefore organized around policies, politics and outcomes. The contributing authors bring together expert knowledge and different perspectives on SI from several disciplines, with original path-breaking empirical contributions, addressing some key questions that thus far are unanswered, related to Matthew effects, inequalities, ambiguities of social investment and institutional complementarities. Furthermore, it is the first volume that covers the core policy areas of social investment: childcare, education and labour market policies. The chapters in this book were originally published in a special issue of the Journal of European Public Policy.
Download or read book General Interests of Host States in International Investment Law written by Giorgio Sacerdoti and published by Cambridge University Press. This book was released on 2014-05-29 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses bilateral treaties and regional agreements on foreign investments, focussing particularly on measures taken in the context of economic crises.
Download or read book The History of Foreign Investment in the United States to 1914 written by Mira Wilkins and published by Harvard University Press. This book was released on 1989 with total page 1092 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the colonial era to 1914, America was a debtor nation in international accounts--owing more to foreigners than foreigners owed to us. By 1914 it was the world's largest debtor nation. Mira Wilkins provides the first complete history of foreign investment in the United States during that period. The book shows why the United States was attractive to foreign investors and traces the changing role of foreign capital in the nation's development, covering both portfolio and direct investment. The immense new wave of foreign investment in the United States today, and our return to the status of a debtor nation--once again the world's largest debtor nation--makes this strong exposition far more than just historically interesting. Wilkins reviews foreign portfolio investments in government securities (federal, state, and local) and in corporate stocks and bonds, as well as foreign direct investments in land and real estate, manufacturing plants, and even such service-sector activities as accounting, insurance, banking, and mortgage lending. She finds that between 1776 and 1875, public-sector securities (principally federal and state securities) drew in the most long-term foreign investment, whereas from 1875 to 1914 the private sector was the main attraction. The construction of the American railroad system called on vast portfolio investments from abroad; there was also sizable direct investment in mining, cattle ranching, the oil industry, the chemical industry, flour production, and breweries, as well as the production of rayon, thread, and even submarines. In addition, there were foreign stakes in making automobile and electrical and nonelectrical machinery. America became the leading industrial country of the world at the very time when it was a debtor nation in world accounts.
Download or read book The Impact of Investment Treaties on Contracts Between Host States and Foreign Investors written by Jan Ole Voss and published by Martinus Nijhoff Publishers. This book was released on 2010-12-10 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the field of investment treaty arbitration, the co-existence of contracts and treaties has generated an increasingly divided jurisprudence on central aspects of treaty interpretation. This book comprehensively examines the legal problems surrounding the relationship of these two instruments. ?????
Download or read book The Right of States to Regulate in International Investment Law written by Yulia Levashova and published by Kluwer Law International B.V.. This book was released on 2019-07-18 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Due to the ongoing recent expansion of public interest issues worldwide, the state’s right to regulate has been recaptured as a prominent concept in international investment law. The fair and equitable treatment (FET) standard provision in the text of an international investment agreement (IIA) has become a detailed clause clarifying the specific obligations of a state towards an investor under the FET standard. However, striking the right balance between the interests of host states and investors in these new treaty formulations has proved to be challenging. This book greatly clarifies the field by offering the in-depth analysis of the application of the state’s right to regulate in relation to FET standard provisions in IIAs and to decisions by arbitral tribunals in FET cases. Recognising that the role of tribunals is to balance the state’s public interests and the interests of the investor when interpreting and applying the FET standard, the author pursues such seminal issues and topics as the following: the legitimacy of the objective of the state’s measure; obligations and responsibilities of investors towards a host state; the nature and impact of a change to a national regulatory framework; special economic and sociopolitical circumstances in a host state; and due diligence and risk assessment as a condition for the protection of an investor’s legitimate expectations. Multiple IIAs concluded by the OECD Member States, as well by Russia and China between the developing countries, and the prominent investment law cases on the FET standard are examined in detail. The analysis pays particular attention to how investment jurisprudence in FET cases has been reflected in such new IIAs as the Comprehensive Economic and Trade Agreement between the European Union (EU) and Canada (CETA), the EU-Vietnam FTA and the EU-Singapore FTA. These case studies demonstrate the evolution of the IIAs’ FET standard provisions and how they balance the application of the FET standard and the state’s right to regulate. Suggestions are provided for drafting formulations of the FET standard that can contribute to achieving such a balance. In the clear light it sheds on the legal conditions under which states may regulate in the public interest and its contribution to the reforms that are currently taking place in the field of international investment law, this book constitutes an exemplary framework to evaluate investment decisions on the FET standard and the right to regulate. It is sure to prove extremely useful for practitioners who work on investment cases, policymakers involved in negotiating and drafting of IIAs, policy advisors of governmental and non-governmental organisations and academics in international investment law.
Download or read book Applicable Law in Investor State Arbitration written by Hege Elisabeth Kjos and published by Oxford University Press. This book was released on 2013-03-21 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment arbitration has become the key forum to settle disputes between investors and the host state. It is not clear from the arbitration agreements which body of law the arbitrators should apply: national or international. This book examines how the legal framework which the arbitral panels operate in influences which body of law they apply.
Download or read book The Entrepreneurial State written by Mariana Mazzucato and published by Penguin. This book was released on 2024-02-06 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Award-winning economist Mariana Mazzucato’s famously incisive international bestseller debunking the pervasive myth of the inept state versus an innovative private sector—with a new preface by the author According to conventional wisdom, innovation is best left to the bold entrepreneurs of the private sector, and government should get out of the way. But what if that wasn't case? What if, from the inventions of Silicon Valley to medical breakthroughs, the public sector has actually been the most courageous and valuable risk-taker of all? Critically acclaimed and influential thinker and scholar Mariana Mazzucato argues comprehensively against the myth of a lumbering, bureaucratic state versus a dynamic, innovative private sector with remarkable original and deep research. In a series of case studies—from nanotechnology to the emerging green tech of today—Mazzucato reveals that the opposite is true: the private sector only finds the courage to invest after an entrepreneurial state has made the high-risk investments. The Entrepreneurial State reveals how every technology that makes the iPhone so “smart” was actually funded by the government—from the Internet and GPS technology, to touch-screen displays and voice-activated Siri. In the history of modern capitalism, the State has not only fixed market failures, but has also actively shaped and created markets. In doing so, it sometimes wins and sometimes fails. Yet by not admitting the State’s role in active risk taking, we've created an "innovation system" where the public sector socializes risks while privatizing reward, as Mazzucato controversially argues. This bold and provocative book considers how we adopted this dysfunctional dynamic, and then how we can overcome it so that economic growth can be not only "smart" but "inclusive" as well.
Download or read book The State as Investment Market written by Johan Engvall and published by University of Pittsburgh Press. This book was released on 2016-09-07 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on a detailed examination of Kyrgyzstan, Johan Engvall goes well beyond the case of this single country to elaborate a broad theory of economic corruption in developing post-Soviet states regionally—as a rational form of investment market for political elites. He reveals how would-be officials invest in offices to obtain access to income streams associated with those offices. Drawing on extensive fieldwork over an eight-year period, Engvall details how these systems work and the major implications this holds for political and economic development in the region. Often identified and criticized simply as obstacles to development by scholars, Engvall instead argues that these systems must be reinterpreted in the context of a standardized and entrenched method of organizing the state. He also shows how private actors have been unsuccessful in buying preferential treatment directly from the state. Instead, public officials have become the predominant conduit to influencing policy process and monitoring the sale of protection, property rights, and other privatized "public" goods.
Download or read book Foreign Investment Law Including Investor State Arbitrations in a Nutshell written by RALPH H. FOLSOM and published by West Academic Publishing. This book was released on 2022 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: Home country investors merge or acquire existing businesses or establish new companies in host countries. Investors purchase stocks and bonds on foreign exchanges, and sometimes foreign sovereign debt. The number of transactions and sums involved are staggering. Unlike international trade law governed significantly by the World Trade Organization, no uniform body of foreign investment law exists. Hence foreign investment law is predominantly national, occasionally regional, in character. There are many intriguing variations on foreign investment law around the world. Foreign Investment Law including Investor-State Arbitrations in a Nutshell, 3d reviews the law, practice, regulation and dispute settlement of foreign investment. Following the Nutshell tradition, citations are minimized creating a book that reads easily. Students, academics, lawyers, government officials and people in business will find it useful. This Nutshell introduces foreign investment entry and operational control patterns, investment-related technology transfers, and expropriation issues. It also explores the multitude of bilateral investment treaties (BITs). Investment regimes under free trade agreements (FTAs) are considered, with special attention to the dynamic rules of NAFTA 1994 and its USMCA 2020 successor. Controversial foreign investor-host state arbitration awards and systems are closely examined. Investing in China, Europe and North America are presented as "case studies".
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 instruments of global economic governance. This book integrates legal, economic, and political perspectives to offer the first comprehensive analysis of the political economy of the investment treaty regime, and contextualises the investment treaty regime in its broader socio-economic context.
Download or read book Building International Investment Law written by Meg Kinnear and published by Kluwer Law International B.V.. This book was released on 2015-12-22 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by an expert on the chapter’s particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analyzing what the case held, how it has been applied, and its overall significance to the development of international investment law. These topics include: - applicable law; - res judicata in investor-State arbitration; - notion of investment; - investor nationality; - consent to arbitration; - substantive standards of treatment; - consequences of corruption in investor-State arbitration; - State defenses - counter-claims; - assessment of damages and cost considerations; - ICSID Arbitration Rule 41(5) objections; - mass claims, consolidation and parallel proceedings; - provisional measures; - arbitrator challenges; - transparency and amicus curiae; and - annulment. Because the law of international investment continues to grow in importance in an ever globalizing world, this book is more than a fitting way to mark the past fifty years and to welcome the next fifty years of development. It will prove both educational for practitioners new to the field and informative for seasoned investment lawyers. Moreover, the book itself is a landmark that will be of great value to professionals, scholars and students interested in international investment law.
Download or read book Towards a Social Investment Welfare State written by Nathalie Morel and published by Policy Press. This book was released on 2012 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the late 1990s, new strategies concerning the role and shape of welfare states have been formulated, many of which are guided by a logic of social investment. This book maps out this new perspective and assesses both its achievements and shortcomings. In doing so, it provides a critical analysis of social investment ideas and policies and opens up for discussion many of Europe's most pressing concerns--such as an aging population, the current economic crisis, and environmental issues-- and whether social investment can provide adequate responses to these challenges.
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 222 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 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.
