Download or read book International Protection of Investments written by August Reinisch and published by Cambridge University Press. This book was released on 2020-07-16 with total page 1633 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.
Download or read book Principles of International Investment Law written by Rudolf Dolzer and published by Oxford University Press. This book was released on 2022-01-13 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor-State arbitration. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students, scholars, and practitioners alike.
Download or read book Standards of Investment Protection written by August Reinisch and published by Oxford University Press. This book was released on 2008 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the standards of treatment, demanded from host states, that form the basis of contemporary international investment protection. Practitioners and academics analyse the interpretation of core standards in arbitration proceedings, and present the emerging judicial consensus shaping their practical application.
Download or read book The Origins of International Investment Law written by Kate Miles and published by Cambridge University Press. This book was released on 2013-10-24 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the origins of international investment law and their continued resonance in the twenty-first century.
Download or read book International Investment Law written by Arnaud de Nanteuil and published by Edward Elgar Publishing. This book was released on 2020-02-28 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book provides a complete overview of the international legal system of foreign investment protection, synthesising material from treaties, general international law, contracts and case law to demonstrate a coherent system of investment protection. Through this systematic approach, the book considers all aspects of the discipline, providing a thorough and accessible analysis.
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 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 Investment Law within International Law written by Freya Baetens and published by Cambridge University Press. This book was released on 2013-08-01 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developments within various sub-fields of international law influence international investment law, but changes in investment law also have an impact on the evolution of other fields within international law. Through contributions from leading scholars and practitioners, this book analyses specific links between investment law and other sub-fields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and EU law. In particular, this book scrutinises how concepts, principles and rules developed in the context of such sub-fields could inform the content of investment law. Solutions aimed at resolving problems in other settings may provide instructive examples for addressing current problems in the field of investment law, and vice versa. The underlying question is whether key sub-fields of public international law, notably international investment law, are open to cross-fertilisation, or, whether they are evolving further into self-contained regimes.
Download or read book Handbook of International Investment Law and Policy written by Julien Chaisse and published by Springer. This book was released on 2021-08-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook of International Investment Law and Policy is a one-stop reference source. This Handbook covers the main conceptual questions in a logical, scholarly yet easy to comprehend manner. It is based on a truly global vision insisting particularly on Global South related issues and developments. In this respect, the Handbook of International Investment Law and Policy provides an excellent modern treatment of international investment law which is one of the fastest growing areas of international economic law. Professor Julien Chaisse, Professor Leïla Choukroune, and Professor Sufian Jusoh are the editors-in-chief of the Handbook of International Investment Law and Policy, a 1,500-page reference book, which is anticipated becoming one of the most influenced reference books in the international economic law areas. This Handbook is a highly comprehensive set of four volumes of original materials designed to cover all facets of international investment law and policy. The chapters, written by world-leading experts, explore key ideas and debates in relation to: international investment substantive law (Volume I), Investor-state dispute settlement (Volume II); interaction between international investment law and other fields of international law (Volume III); and, the new trends and challenges for international investment law (Volume IV). The Handbook will feature more than 80 contributions from leading experts (academics, lawyers, government officials), including Vivienne Bath, M. Sornarajah, Mélida Hodgson, Rahul Donde, Roberto Echandi, Andrew Mitchell, Ernst-Ulrich Petersmann, Christina L. Beharry, Krista Nadakavukaren Schefer, Leon Trakman, Prabhash Ranjan, Emmanuel Jacomy, Mariel Dimsey, Stavros Brekoulakis, Romesh Weeramantry, Nathalie Bernasconi-Osterwalder, David Collins, Damilola S. Olawuyi, Katia Fach Gomez, Jaemin Lee, Alejandro Carballo-Leyda, Patrick W. Pearsall, Mark Feldman, Surya Deva, Luke Nottage, Rafael Leal-Arcas, James Nedumpara, Rodrigo Polanco, etc. This Handbook will be an essential reference tool for students and scholars of international economic law. Policy makers and researchers alike will find the Handbook of International Investment Law and Policy useful for years to come.
Download or read book The Evolving International Investment Regime written by Jose E. Alvarez and published by Oxford University Press. This book was released on 2011-04-19 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the growth of the global economy over the past two decades, foreign direct investment (FDI) laws, at both the national and international levels, have undergone rapid development in order to strengthen the protection standards for foreign investors. In terms of international investment law, a network of international investment agreements has arisen as a way to address FDI growth. FDI backlash, reflective of more restrictive regulation, has also emerged. The Evolving International Investment Regime analyzes the existing challenges to the international investment regime, and addresses these challenges going forward. It also examines the dynamics of the international regime, as well as a broader view of the changing global economic reality both in the United States and in other countries. The content for the book is a compendium of articles by leading thinkers, originating from the International Investment Conference "What's New in International Investment Law and Policy?"
Download or read book Fair and Equitable Treatment written by Patrick Dumberry and published by BRILL. This book was released on 2018-07-17 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fair and equitable treatment (‘FET’) standard is a type of protection found in BITs which has become in the last decades one of the most controversial provisions examined by arbitral tribunals. This book first examines the interaction between the ‘minimum standard of treatment’ (MST) and the FET standard and the question why States started referring to the former in their BITs. It also addresses the question whether the FET should be considered as an autonomous standard of protection under BITs. This book also examines the controversial proposition that the FET standard should now be considered as a rule of customary international law. I will show that while the practice of States to include FET clauses in their BITs can be considered as general, widespread and representative, it remains that it is not uniform and consistent enough for the standard to have crystallised into a customary rule. States also lack the necessary opinio juris when including the clause in their BITs.
Download or read book Full Protection and Security in International Investment Law written by Sebastián Mantilla Blanco and published by Springer Nature. This book was released on 2019-10-24 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive study of the standard of ‘full protection and security’ (FPS) in international investment law. Ever since the Germany-Pakistan BIT of 1959, almost every investment agreement has included an FPS clause. FPS claims refer to the most diverse factual settings, from terrorist attacks to measures concerning concession contracts. Still, the FPS standard has received far less scholarly attention than other obligations under international investment law. Filling that gap, this study examines the evolution of FPS from its medieval roots to the modern age, delimits the scope of FPS in customary international law, and analyzes the relationship between FPS and the concept of due diligence in the law of state responsibility. It additionally explores the interpretation and application of FPS clauses, drawing particular attention to the diverse wording used in investment treaties, the role ascribed to custom, and the interplay between FPS and other treaty-based standards. Besides delivering a detailed analysis of the FPS standard, this book also serves as a guide to the relevant sources, providing an overview of numerous legal instruments, examples of state practice, arbitral decisions, and related academic publications about the standard.
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 Fair and Equitable Treatment in International Investment Law written by Roland Kläger and published by Cambridge University Press. This book was released on 2011-06-23 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at fair and equitable treatment as a key standard of international investment law.
Download or read book Reassertion of Control over the Investment Treaty Regime written by Andreas Kulick and published by Cambridge University Press. This book was released on 2016-12-15 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Driven by public opinion in host states, contracting parties to investment agreements are pursuing many avenues in order to curb a system that is being perceived - correctly or not - as having run out of control. Reassertion of Control over the Investment Treaty Regime is the first book of its kind to examine the many issues of procedure, substantive law, and policy which arise from this trend. From procedural aspects such as frivolous claims mechanisms, the establishment of appeals mechanism or state-state arbitration, to substantive issues such as joint interpretations, treaty termination or detailed definitions of standards of protection, the book identifies and discusses the main means by which states do or may reassert their control over the interpretation and application of investment treaties. Each chapter tackles one of these avenues and evaluates its potential to serve as an instrument in states' reassertion of control.
Download or read book International Investment Law and Arbitration written by Borzu Sabahi and published by BRILL. This book was released on 2018-07-17 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution. Particularly, this paper presents a roadmap over the historical context within which investor-State arbitration developed. It provides an overview of the main actors, the protections afforded to foreign investors, the content of modern BITs, and the challenges facing the system today.
Download or read book Transparency in International Law written by Andrea Bianchi and published by Cambridge University Press. This book was released on 2013-11-07 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.
