Article Review On Sources Of International Investment Law
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Article Review On Sources Of International Investment Law
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Author : Abera Milkessa
language : de
Publisher: GRIN Verlag
Release Date : 2022-09-14
Article Review On Sources Of International Investment Law written by Abera Milkessa and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-14 with Law categories.
Studienarbeit aus dem Fachbereich Jura - Andere Rechtssysteme, Rechtsvergleichung, , Sprache: Deutsch, Abstract: The sources of international investment law are discussed, as well as the distinguishing characteristics of this area of international law in comparison to general international law. The predominance of bilateral investment treaties in investment relations raises various problems about the linkages between investment and non-investment treaties. In such situations, no investment tribunal has exonerated a party from its investment duties, nor has it considerably lowered the amount of compensation to be paid to the damaged party. In the formative phase of international investment law, particularly in the oil concession arbitrations and in the pre-BIT era, general principles of law played an important role (such as in the Iran-US Claims Tribunal). According to recent empirical investigations, they are mainly ignored by today's arbitral tribunals. The intrinsic ambiguity of this source of law may explain the relative insignificance of general rules in contemporary investment jurisprudence. Article 53 of the Vienna Convention, which deals with jus cogens, and Article 103 of the United Nations Charter, which deals with the primacy of the Charter's duties over investment treaties, Although writers' writings are considered a "secondary" source of international law, investment courts frequently consult them. Unlike the International Court of Justice, the World Trade Organization Appellate Body, and the European Court of Human Rights, which seldom resort to writers' opinions, investment arbitrators usually refer to scholarly literature In this chapter, we examine the distinctive features of the sources of international investment law and how they relate to relationships between host states and foreign investors. Article 38 of the International Court of Justice's Statute of Justice defines the list of sources of general international law. As discussed in this chapter, not all rules of public international law are relevant to relationships with host states or foreign investor.
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.
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.
Public Participation And Foreign Investment Law
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Author : Eric De Brabandere
language : en
Publisher: BRILL
Release Date : 2021-02-01
Public Participation And Foreign Investment Law written by Eric De Brabandere and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-01 with Law categories.
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.
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.
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.
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.
General Principles Of Law And International Investment Arbitration
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Author : Andrea Gattini
language : en
Publisher: BRILL
Release Date : 2018-06-01
General Principles Of Law And International Investment Arbitration written by Andrea Gattini and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-01 with Law categories.
In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration. The resulting picture is that of a lively source that escapes doctrinal straitjackets and maintains its relevance.
Rules And Practices Of International Investment Law And Arbitration
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Author : Yannick Radi
language : en
Publisher: Cambridge University Press
Release Date : 2020-10-29
Rules And Practices Of International Investment Law And Arbitration written by Yannick Radi 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 2020-10-29 with Law categories.
Offers the most comprehensive, detailed and up-to-date analysis of international investment law and arbitration compared to its competitors.
The Oxford Handbook Of International Investment Law
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Author : Peter Muchlinski
language : en
Publisher: OUP Oxford
Release Date : 2008-06-26
The Oxford Handbook Of International Investment Law written by Peter Muchlinski and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-26 with Law categories.
The Oxford Handbooks series is a major new initiative in academic publishing. Each volume offers an authoritative and state-of-the-art survey of current thinking and research in a particular subject area. Specially commissioned essays from leading international figures in the discipline give critical examinations of the progress and direction of debates. Oxford Handbooks provide scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social sciences. The Oxford Handbook of International Investment Law aims to provide the first truly exhaustive account of the current state and future development of this important and topical field of international law. The Handbook is divided into three main parts. Part One deals with fundamental conceptual issues, Part Two deals with the main substantive areas of law, and Part Three deals with the major procedural issues arising out of the settlement of international investment disputes. The book has a policy-oriented introduction, setting the more technical chapters that follow in their policy environment within which contemporary norms for international foreign investment law are evolving. The Handbook concludes with a chapter written by the editors to highlight the major conclusions of the collection, to identify trends in the existing law, and to look forward to the future development of this field.
International Investment Law And Arbitration
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Author : Borzu Sabahi
language : en
Publisher: BRILL
Release Date : 2018-07-17
International Investment Law And Arbitration written by Borzu Sabahi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-17 with Law categories.
International Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution.