A Guide To State Succession In International Investment Law


A Guide To State Succession In International Investment Law
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A Guide To State Succession In International Investment Law


A Guide To State Succession In International Investment Law
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Author : Patrick Dumberry
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-07-27

A Guide To State Succession In International Investment Law written by Patrick Dumberry 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 2018-07-27 with Law categories.


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.



The Institute Of International Law S Resolution On State Succession And State Responsibility


The Institute Of International Law S Resolution On State Succession And State Responsibility
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Author : Marcelo G. Kohen
language : en
Publisher: Cambridge University Press
Release Date : 2019-02-14

The Institute Of International Law S Resolution On State Succession And State Responsibility written by Marcelo G. Kohen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-14 with Law categories.


Marcelo Kohen and Patrick Dumberry explore in an article-by-article commentary the Resolution adopted in 2015 by the Institute of International Law, on state succession in matters of state responsibility. They analyse the content and scope of application of each provision based on a comprehensive survey of existing state practice and judicial decisions (both domestic and international), as well as taking into account the works of scholars and that of the ILC Special Rapporteur in his proposed Draft Articles on the same topic. This book explains the rationale and the reasons behind why the Institute adopted specific solutions to address particular problems of succession to responsibility for each provision, including the need to achieve a fair outcome given the specific circumstances and relevant factors for each case.



The Formation And Identification Of Rules Of Customary International Law In International Investment Law


The Formation And Identification Of Rules Of Customary International Law In International Investment Law
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Author : Patrick Dumberry
language : en
Publisher: Cambridge University Press
Release Date : 2018-12-13

The Formation And Identification Of Rules Of Customary International Law In International Investment Law written by Patrick Dumberry and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-13 with Law categories.


Patrick Dumberry provides a comprehensive analysis of the rules of customary international law in the field of international investment law.



General International Law In International Investment Law


General International Law In International Investment Law
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2024-02-22

General International Law In International Investment Law written by and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-22 with Law categories.


General international law is part and parcel of investor-state arbitration. This is the case not only regarding treaty law and state responsibility, but also with respect to matters such as state succession, the international minimum standard, and state immunity, all of which feature regularly in investor-state arbitration. Yet, although general international law issues arise in almost every investment case and often require extensive research, no systematic exploration of the relationship between the two exists. This Commentary is the first to fill this gap, providing a comprehensive treatment of the role of general international law in international investment law. It engages in detail with central matters of general international law, including in the practice of investment arbitration tribunals, moving beyond existing works which focus solely on procedural and institutional provisions. The Commentary's forty-six chapters do not focus on a single source or subject. Instead, each concentrates on a specific, relevant article from a particular source of public law - such as the Vienna Convention on the Law of Treaties (1969) or the International Law Commission's Articles on the Responsibility of States for Internationally Wrongful Acts (2001), among others. The entries combine detailed analysis with an examination of procedural and substantive aspects - such as nationality and unjust enrichment - and respond to the following questions: how have investment tribunals interpreted and applied the specific rule of general international law? To what extent and why does such interpretation and application align with or deviate from the practice by other international courts or tribunals? How could and should investment tribunals interpret and apply rules that have yet to feature in investment arbitration? This unique format means this commentary will serve as a central guide for all relevant case law and scholarship on international investment law.



International Investment Law


International Investment Law
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Author : Tarcisio Gazzini
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-08-22

International Investment Law written by Tarcisio Gazzini and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-22 with Law categories.


Drawing on State practice, arbitral awards and national decisions, this book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction.



An Introduction To International Investment Law


An Introduction To International Investment Law
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Author : David Collins
language : en
Publisher: Cambridge University Press
Release Date : 2016-10-06

An Introduction To International Investment Law written by David Collins and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-06 with Law categories.


A clear and accessible introduction to one of the fastest growing and most highly debated spheres of international law.



International Investment Law And History


International Investment Law And History
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Author : Stephan W. Schill
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018

International Investment Law And History written by Stephan W. Schill 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 2018 with categories.


Historiographical approaches in international investment law scholarship are becoming ever more important. This insightful book combines perspectives from a range of expert international law scholars who explore ways in which using a broad variety of methods in historical research can lead to a better understanding of international investment law.



The International Law On Foreign Investment


The International Law On Foreign Investment
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Author : M. Sornarajah
language : en
Publisher: Cambridge University Press
Release Date : 2017-08-24

The International Law On Foreign Investment written by M. Sornarajah and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-24 with Law categories.


Presenting international foreign investment law in historical, political and economic contexts, this book embraces all recent developments.



A Guide To General Principles Of Law In International Investment Arbitration


A Guide To General Principles Of Law In International Investment Arbitration
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Author : Patrick Dumberry
language : en
Publisher: Oxford International Arbitrati
Release Date : 2020

A Guide To General Principles Of Law In International Investment Arbitration written by Patrick Dumberry and has been published by Oxford International Arbitrati this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.


This book provides the actors involved in investor-State arbitration with a set of comprehensive guidelines to better understand the nature, meaning, and function of general principles of law in the field of international investment law.



International Investment Law


International Investment Law
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Author : Surya P Subedi
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-06-11

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 2020-06-11 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 in 2008 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 fourth edition captures the essence of the ongoing multiple reform processes -either planned or envisaged – currently underway.