Download or read book The promotion and protection of foreign private investments written by LORD SHAWCROSS and published by . This book was released on 1961 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Public Participation and Foreign Investment Law written by Eric De Brabandere and published by BRILL. This book was released on 2021-02-01 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Participation and Foreign Investment Law critically discusses the different forms of public participation that can be found or envisaged in foreign investment law. It provides the first systematic treatment of public participation in foreign investment law in its main forms and from different perspectives.
Download or read book International Measures for the Promotion and Protection of Foreign Investment written by Richard N.. Gardner and published by . This book was released on 1959 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Measures for the Promotion and Protection of Foreign Investments written by Richard Newton Gardner and published by . This book was released on 1959 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Protection of Foreign Investments in Mongolia written by Bajar Scharaw and published by Springer. This book was released on 2017-11-07 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the adequacy of Mongolia’s legal system for foreign investment protection by conducting a multi-level assessment of international investment treaties, domestic legislation of the host State, and investor-State contracts from an international comparative perspective. The investigation distinguishes between three legal dimensions, each of which offers both substantive legal guarantees for the protection of investments in the host State and provisions for the settlement of investment disputes by arbitration. In the first dimension of Public International Law (PIL), Mongolia is bound by international investment treaties, which offer investors an international law setting. In the second dimension, a special domestic investment law defines the domestic framework for the establishment, promotion and protection of investments, but also for the conclusion of investor-State contracts. These contracts in turn open a third legal dimension, which represents a cross-section through the PIL and domestic-law dimensions of investment protection. Following the development of a multi-level system with legal dimensions that are not isolated but rather interrelated and mutually reinforcing, the book examines whether Mongolia’s international investment treaties and domestic investment law reflect globally shared international and domestic standards of treatment and protection of foreign investments. Lastly, the author inquires whether the domestic laws applicable to investor-State contracts in Mongolia allow investors and the Mongolian Government to agree on protective terms according to the (not uncontroversial) standards of international contract practice.
Download or read book Improving International Investment Agreements written by Armand De Mestral and published by Routledge. This book was released on 2013-02-11 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the reflections of a group of researchers interested in assessing whether the law governing the promotion and protection of foreign investment reflects sound public policy. Whether it is the lack of "checks and balances" on investor rights or more broadly the lack of balance between public rights and private interests, the time is ripe for an in-depth discussions of current challenges facing the international investment law regime. Through a survey of the evolution in IIA treaty-making and an evaluation from different perspectives, the authors take stock of developments in international investment law and analyze potential solutions to some of the criticisms that plague IIAs. The book takes a multidisciplinary approach to the subject, with expert analysis from legal, political and economic scholars. The first part of the book traces the evolution of IIA treaty-making whilst the other three parts are organised around the concepts of efficiency, legitimacy and sustainability. Each contributor analyzes one or more issues related to substance, treaty negotiation, or dispute resolution, with the ultimate aim of improving IIA treaty-making in these respects. Improving International Investment Agreements will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.
Download or read book International Investment Law written by Surya P Subedi and published by Bloomsbury Publishing. This book was released on 2024-03-21 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: '...This book [...] goes beyond stating what the law is and focuses on controversies occurring within this area of the law... an excellent introduction to this complex area of international law for newcomers to the subject' Kate Miles, Australian International Law Journal The updated edition of this acclaimed book offers a critical overview of the law of foreign investment, incorporating a thorough analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives. A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to restrict unduly the right of host governments to implement their public policy on the other, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country. Many of the pioneering ideas that were advanced in the first edition of this book have been taken up by governments and international organisations in their attempts to reform the investor-State dispute settlement mechanism and strike a balance between different competing principles in developing international investment law. Accordingly, this fifth edition captures the essence of the ongoing multiple reform processes – either planned or envisaged – currently underway.
Download or read book Investment Promotion Provisions in International Investment Agreements written by United Nations Conference on Trade and Development and published by Unctad Series on International. This book was released on 2008 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment promotion covers all activities and measures aimed at creating favourable determinants for foreign investment in the host country. This publication focuses on the international agreements on the promotion and protection of foreign investment. The study provides an overview as to what extent current international investment agreements (IIA) practice explicitly deals with investment promotion and to explore ways on how investment promotions aspect of IIA could be enhanced. It also seeks to fill a gap in research and policy analysis.
Download or read book The Right to Regulate in International Investment Law written by Aikaterini Titi and published by . This book was released on 2014-04-30 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: La 4e de couverture indique : "Since the inception of the international investment law system, investment promotion and protection have been the raison d'être of investment treaties and states have confined their policy space in order to attract foreign investment and protect their investors abroad. Languishing in relative obscurity until recently, the right to regulate has gradually come to the spotlight as a key component of negotiations on new generation investment agreements around the globe. States and regional organisations, including, notably, the European Union and the United States, have started to examine ways in which to safeguard their regulatory power and guide - and delimit - the interpretive power of arbitral tribunals, by reserving their right to pursue specific public policy objectives. The monograph explores the status quo of the right to regulate, in order to offer an appraisal and a reference tool for treatymakers, thus contributing to a better understanding of the concept and the broader discourse on how to enhance the investment law system's legitimacy."
Download or read book The Promotion and Protection of Private Investment in Foreign Countries written by Hartley Shawcross Baron Shawcross and published by . This book was released on 1959 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Investment Law and EU Law written by Marc Bungenberg and published by Springer Science & Business Media. This book was released on 2011-01-18 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude of questions. This volume analyzes in depth the new “post-Lisbon situation” in the area of investment policy, provokes further discussion and offers new approaches.
Download or read book The Legal Regime of Foreign Private Investment in Sudan and Saudi Arabia written by Fath El Rahman Abdalla El Sheikh and published by Cambridge University Press. This book was released on 2003-09-18 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revised edition considers incentives and facilities, investment treaties, investment insurance programmes, and remedies for aggrieved investors.
Download or read book The International Law on Foreign Investment written by M. Sornarajah and published by Cambridge University Press. This book was released on 2010-05-06 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a thought-provoking and authoritative text on this fast moving field of international law.
Download or read book Systems of Legal Protection for Foreign Private Investments in Latin America written by Pan American Union. General Legal Division and published by . This book was released on 1963 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Three Laws of International Investment written by Jeswald W. Salacuse and published by OUP Oxford. This book was released on 2013-02-14 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investments are governed by three different legal frameworks: 1) national laws of both the host country and the investor's home country; 2) contracts, whether between the investor and the host country or among investors and their associates; and 3) international law, consisting of applicable treaties, customs, and general principles of law. Together, these three frameworks profoundly influence the organization, operation, and protection of foreign investments. Investors, government officials, and their legal counsel must therefore understand the complex interaction among these frameworks and how best to employ them to advance their interests. This book examines the content of each of these three legal frameworks for international investment and explores how they influence the foreign investment process and the nature of investment transactions, projects, and enterprises. The book is divided into five parts. Part I, after explaining the contemporary nature and significance of international investment, examines the theoretical and practical links between law and the investment process. Part II explores the nature of national laws regulating foreign investment. Part III considers of the various contractual frameworks for international investments, looking at their negotiation, content, and stability. Part IV sets out the international legal framework governing foreign investment, focusing on the content and nature of investment treaties and on general principles. Finally, Part V discusses how the three legal frameworks interact with each other. By comprehensively examining each of the applicable legal frameworks, this book provides a vital overview of the laws, rules, and regulations governing foreign investment for lawyers, scholars, students, and government officials.
Download or read book Investment Protection and Sustainable Development written by Giorgio Sacerdoti and published by . This book was released on 2014 with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject matter of this paper is a central issue of growing concern in the area of legal regulation of international investments, namely how to ensure through treaty making and treaty application that the promotion and protection of foreign (direct) investment be beneficial for the recipient host countries, especially developing countries, and indeed does not hamper their development efforts.Seen form the point of view of those in charge of promoting development in “developing” host countries - the other side of the coin - the issue is how to ensure that those instruments effectively promote the contribution of foreign investment to the development goals of the recipient countries.My exposé and analysis is a legal one: it is beyond my scope to address the economic policy issues concerning specific economic instruments (such as financial or tax incentive) that in a given situation or in respect to a given country may stimulate the flow of FDI in general or specifically according to certain policy choices. Thus, in order to promote investment in preferred sectors (such as mining or manufacturing), in certain part of the territory of that country, or in certain forms (such as joint-ventures), while possibly discouraging or prohibiting FDI which does not conform with those choices. Institutions such as UNCTAD and the World Bank have done great work in this area, studying the implication of such policies, which goes beyond my qualification.The time of a “one-size-fit-all” approach to drafting and concluding BITs seems to be by-gone, although not fully. This makes the issue set forth by the IISD more pressing, since more detailed investment agreements call for a more attentive “custom-made” approach to their drafting so to reflect better any development policy of the parties and in any case their right to structure such policies in the future. On the other hand the ability of policy makers to structure the normative framework for foreign investment so as to ensure its contribution to the attainment of a certain economic and social development objectives requires an approach that goes well beyond the legal sphere.The next issue is to define the terms of the relationship: “sustainable development” on one side and “investment agreements” and the protection they afford to foreign investors on the other hand.
Download or read book The Origin and Evolution of Investment Treaty Standards written by Federico Ortino and published by Oxford University Press. This book was released on 2019-12-05 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a conceptual and legal analysis of the core of investment protection guarantees that emerge from international treaties signed since 1959 for the promotion and protection of foreign investment. It focuses on both the origin and evolution of investment treaty standards. Beginning with origins, the work considers the broader context at the time when the first modern investment treaty was concluded. It goes on to examine the many decisions of ad hoc arbitral tribunals that have since been called upon to apply these treaties in order to resolve the several hundred investor-State disputes. It also looks at some of the recent investment treaties that have attempted to clarify and/or reform the content and scope of investment protection guarantees. Federico Ortino posits that the key investment protection provisions in investment treaties, and thus much of the controversy associated with such treaties, revolve around three concepts: legal stability, investment's value, and reasonableness. He argues that, from the very beginning, the protections afforded to foreign investments by modern investment treaties have been exceptionally broad, and as such restrictive of host States' ability to regulate. And whilst a growing number of investment treaty tribunals, as well as new investment treaties, have to some extent reined in such broad protections, the evolution of key investment protection standards has been marred by inconsistency and uncertainty.
