Indirect Expropriation And The Right To Regulate In International Investment Law
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Indirect Expropriation And The Right To Regulate In International Investment Law
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Author :
language : en
Publisher:
Release Date : 2004
Indirect Expropriation And The Right To Regulate In International Investment Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with categories.
Indirect Expropriation And The Right To Regulate In International Investment Law
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Author :
language : en
Publisher:
Release Date : 2004
Indirect Expropriation And The Right To Regulate In International Investment Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with categories.
It is a well recognised rule in international law that the property of aliens cannot be taken, whether for public purposes or not, without adequate compensation. Two decades ago, the disputes before the courts and the discussions in academic literature focused mainly on the standard of compensation and measuring of expropriated value. The divergent views of the developed and developing countries raised issues regarding the formation and evolution of customary law. Today, the more positive attitude of countries around the world toward foreign investment and the proliferation of bilateral treaties and other investment agreements requiring prompt, adequate and effective compensation for expropriation of foreign investments have largely deprived that debate of practical significance for foreign investors. Disputes on direct expropriation - mainly related to nationalisation that marked the 70s and 80s -- have been replaced by disputes related to foreign investment regulation ...
Regulatory Freedom And Indirect Expropriation In Investment Arbitration
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Author : Aniruddha Rajput
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-12-20
Regulatory Freedom And Indirect Expropriation In Investment Arbitration written by Aniruddha Rajput and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-20 with Law categories.
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.
Regulatory Freedom And Indirect Expropriation In Investment Arbitration
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Author : Aniruddha Rajput
language : en
Publisher:
Release Date : 2018-12-20
Regulatory Freedom And Indirect Expropriation In Investment Arbitration written by Aniruddha Rajput and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-20 with Law categories.
About this book: Regulatory Freedom and Indirect Expropriation in Investment Arbitration presents a conceptual framework for the scope, relationship and method for delineating between regulatory freedom and indirect expropriation and ways for resolving these issues in practice. 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 and indirect expropriation by revisiting provisions relating to 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, as well as of other 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 Organization (WTO) and European Court of Human Rights. What's in this book: The book provides 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 way of distinguishing between regulatory freedom and indirect expropriation? How this will help you: Given the dense network of more than 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, as well as 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.
International Investment Law And The Right To Regulate
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Author : Lone Wandahl Mouyal
language : en
Publisher: Routledge
Release Date : 2016-03-10
International Investment Law And The Right To Regulate written by Lone Wandahl Mouyal and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-10 with Business & Economics categories.
The book considers the ways in which the international investment law regime intersects with the human rights regime, and the potential for clashes between the two legal orders. Within the human rights regime states may be obligated to regulate, including a duty to adopt regulation aiming at improving social standards and conditions of living for their population. Yet, states are increasingly confronted with the consequences of such regulation in investment disputes, where investors seek to challenge regulatory interferences for example in expropriation claims. Regulatory measures may for instance interfere with the investment by imposing conditions on investors or negatively affecting the value of the investment. As a consequence, investors increasingly seek to challenge regulatory measures in international investment arbitration on the basis of a bilateral investment treaty. This book sets out the nature and the scope of the right to regulate in current international investment law. The book examines bilateral investment treaties and ICSID arbitrations looking at the indicative parameters that are granted weight in practice in expropriation claims delimiting compensable from non-compensable regulation. The book places the potential clash between the right to regulate and international investment law within a theoretical framework which describes the stability-flexibility dilemma currently inherent within international law. Lone Wandahl Mouyal goes on to set out methods which could be employed by both BIT-negotiators and adjudicators of investment disputes, allowing states to exercise their right to regulate while at the same time providing investors with legal certainty. The book serves as a valuable tool, an added perspective, for academics as well as for practitioners dealing with aspects of international investment law.
International Investment Law A Changing Landscape A Companion Volume To International Investment Perspectives
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Author : OECD
language : en
Publisher: OECD Publishing
Release Date : 2005-09-06
International Investment Law A Changing Landscape A Companion Volume To International Investment Perspectives written by OECD and has been published by OECD Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-09-06 with categories.
Presents four studies on international investment law: one on transparency, one on the fair and equitable treatment standard, one on indirect expropriation and the right to regulate, and one on most favoured nation treatment.
Indirect Expropriation In International Law
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Author : Sebastián López Escarcena
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-02-28
Indirect Expropriation In International Law written by Sebastián López Escarcena and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-28 with Law categories.
When does a state measure become subject to compensation as an indirect expropriation under international law? The author examines claims of indirect takings from such fora as the Iran-United States Claims Tribunal, the European Court of Human Rights, and arbitral panels in investment treaty arbitrations.
International Investment Law And Water Resources Management
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Author : Ana Maria Daza-Clark
language : en
Publisher: BRILL
Release Date : 2016-12-01
International Investment Law And Water Resources Management written by Ana Maria Daza-Clark and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-01 with Law categories.
In International Investment Law and Water Resources Management, Daza-Clark offers an appraisal of indirect expropriation, including an analysis of the doctrine of police power.
Reconciling International Investment Law And Sustainable Development With Respect To Host State S Right To Regulate
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Author : Ilze Dubava
language : en
Publisher:
Release Date : 2013
Reconciling International Investment Law And Sustainable Development With Respect To Host State S Right To Regulate written by Ilze Dubava and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Investments, Foreign categories.
It is acknowledged that sustainable development, which is generally understood as the achievement of an equal balance between economic development, social progress and environmental protection, is a new paradigm of international investment protection law which requires finding a balance between the State's regulatory responsibilities and a foreign investor's interests. This new paradigm is to be taken into account when planning domestic investment policies and drafting future investment agreements. However, this study aims to prove that the sustainable development paradigm, and its consequent extension of protected interests in investment law, is already applicable in the currently existing investment protection regime and in the application of the indirect expropriation standard requiring a reconsideration of the methodologies used for the establishment of indirect expropriation. An investor's protection against indirect expropriation is a basic component of international investment law, and often investors challenge as expropriatory general legislative acts, administrative measures and compliance measures with non-economic international obligations of host States dealing with the protection of non-economic public interests. Investment agreements do not contain a precise definition of indirect expropriation leaving considerable discretion in the hands of adjudicators for deciding what measures do amount to indirect takings in specific cases. Consequently, arbitrators have developed distinct methodologies for the assessment of the existence of indirect expropriation. These methodologies differ regarding their responsiveness to legitimate public welfare objectives that have motivated a State's interference in a foreign investment raising concerns about the capacity left for host States to exercise their regulatory responsibilities. Therefore, the thesis is designed to prove that sustainable development has reached a capacity to guide the contextual and effective interpretation of the indirect expropriation standard. It is claimed that sustainable development forms part of the object and purpose of the investment protection regime within which the indirect expropriation standard must be applied. Consequently, it requires altering perceptions of applicable law and the methodologies used for the establishment of indirect expropriation requiring focus on wider interests than the ones of foreign investors.
International Investment Law
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Author : Surya P Subedi
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-03-21
International Investment Law written by Surya P Subedi and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-21 with Law categories.
'...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.