Ceta Investment Law
DOWNLOAD
Download Ceta Investment Law PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Ceta Investment Law book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Ceta Investment Law
DOWNLOAD
Author : Marc Bungenberg
language : en
Publisher:
Release Date : 2020
Ceta Investment Law written by Marc Bungenberg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.
Foreign Investment Under The Comprehensive Economic And Trade Agreement Ceta
DOWNLOAD
Author : Makane Moïse Mbengue
language : en
Publisher: Springer
Release Date : 2018-12-07
Foreign Investment Under The Comprehensive Economic And Trade Agreement Ceta written by Makane Moïse Mbengue and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-07 with Law categories.
This book analyzes the investment chapter of a new type of trade agreement between Canada and the European Union to help readers gain a better understanding of this mega-regional deal, which includes foreign investment protection. It first provides background information on the Comprehensive Economic and Trade Agreement (CETA), particularly focusing on the chapter on foreign investment, including the rules on the entry of investments, their protection and the stringent dispute settlement mechanism. It goes on to explore whether these provisions are a further step toward reforming the current international investment law regime. It also examines the highly innovative part of the agreement: the inclusion of crosscutting issues, such as sustainable development. In addition, it examines the CETA investment chapter from the perspective of non-contracting parties, including Africa, Asia and Latin America. The book is of interest to academics and students in the field of international investment law. It is also an essential resource for government legal advisers, policymakers, business practitioners, and others dealing with international investment law.
Ceta Investment Law
DOWNLOAD
Author : Marc Bungenberg
language : de
Publisher:
Release Date : 2022
Ceta Investment Law written by Marc Bungenberg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
Ceta S Investment Chapter
DOWNLOAD
Author : Kriton Dionysiou
language : en
Publisher: Springer Nature
Release Date : 2021-01-31
Ceta S Investment Chapter written by Kriton Dionysiou and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-31 with Law categories.
This book provides a comprehensive account of the CETA Investment Chapter’s ability to overcome the legitimacy crisis facing investment arbitration. To do so, it first examines the root causes behind the legitimacy crisis, ultimately arguing that it reflects a fundamental rule of law crisis within investment arbitration. In particular, it asserts that the normative standpoints of the legitimacy crisis form part of the rule of law, the uniting legal principle from which the legitimacy concerns stem. The book contends that the rule of law is not only the principal normative and causal assumption on which the legitimacy concerns are based, but that it could also be utilized as a platform to evaluate the investment arbitration mechanism in CETA's Investment Chapter. Based on this, the book evaluates CETA's Investment Chapter through the rule of law framework in order to provide a convincing account of the latter's ability to overcome the legitimacy crisis facing investment arbitration. It concludes that CETA's Investment Chapter is unlikely to completely solve the legitimacy crisis simply because it is just a patchwork of reforms rather than a comprehensive reinvention of the substantive and procedural law of investment arbitration. Lastly, the book offers meaningful insights into the way the challenges presented by investment arbitration should be addressed. The book is intended for academics researching international investment law and arbitration as well as for policy-makers focusing on reforming investor-state dispute settlement.
The European Union And International Investment Law
DOWNLOAD
Author : Francesco Montanaro
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-03-23
The European Union And International Investment Law written by Francesco Montanaro and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-23 with Law categories.
This book explores the interaction between the EU and international investment law, both at the internal level, namely within the EU internal market, and at the external level, i.e. in the context of its relations with third States. The joint treatment of these dimensions reveals that the EU has assumed an ostensibly ambivalent attitude towards international investment law. At the internal level, it has consistently asserted that intra-EU international investment agreements (IIAs) are not compatible with EU law and advocated their termination. At the external level, by contrast, it has eagerly deployed IIAs to develop its post-Lisbon international investment policy. The book finds that beneath this apparent ambivalence towards international investment law ultimately lies the EU's attempt to impose, both internally and externally, its own original model of regulation of cross-border investment. It then argues that the EU adopted this approach with a view to supporting its internal market, enhancing its external influence, and, ultimately, pursuing long-term 'federal aspirations'. Finally, the book identifies the legal and political obstacles that have curtailed the EU's efforts at both the internal and the external level.
Ceta Investment Law
DOWNLOAD
Author : Marc Bungenberg
language : en
Publisher: Nomos/Hart
Release Date : 2021-08-12
Ceta Investment Law written by Marc Bungenberg and has been published by Nomos/Hart this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-12 with Law categories.
This article-by-article Commentary on the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) is a vital resource for practitioners and academics in the field of EU investment protection law. CETA has been called a game-changer. In the investment chapter, it has introduced a number of key innovations, including; - the investment court system with an appellate tribunal, - guidelines on third party funding, - transparency and information sharing, - modern versions of standards of protection, and - detailed provisions on reservations and exceptions. Considering that the new dispute resolution provisions in this chapter have also passed the scrutiny of the Court of Justice of the European Union, it is expected that CETA's investment chapter will serve as a blueprint for future EU investment agreements and so a full understanding of this, offered by this useful commentary, is essential for lawyers.
China The Eu And International Investment Law
DOWNLOAD
Author : Yuwen Li
language : en
Publisher: Routledge
Release Date : 2019-11-11
China The Eu And International Investment Law written by Yuwen Li and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-11 with Business & Economics categories.
This book provides an original and critical analysis of the most contentious subjects being negotiated in the China–EU Comprehensive Agreement on Investment (CAI). It focuses on the pathway of reforming investor-state dispute settlement (ISDS) from both Chinese and European perspectives in the context of the China–EU CAI and beyond. The book is divided into three parts. Part I examines key and controversial issues of the China–EU CAI negotiations, including market access, sustainable development and human rights, as well as comparing distinct features between the China–EU CAI and the China–US BIT. Part II concentrates on the institutional reform of investor-state arbitration with an extensive analysis of the EU’s approach to replacing the private nature of investment arbitration with the public nature of an investment court. Part III addresses the core substantive and procedural issues concerning ISDS, such as the role of domestic courts in investment dispute settlement, the status of state-owned enterprises (SOEs) as investors, transparency and the protection of victims in investment dispute resolution. This book will be of interest to scholars and practitioners in the field of international investment and trade law, particularly investment dispute settlement.
Shifting Paradigms In International Investment Law
DOWNLOAD
Author : Steffen Hindelang
language : en
Publisher: Oxford University Press
Release Date : 2016-01-21
Shifting Paradigms In International Investment Law written by Steffen Hindelang 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 2016-01-21 with Law categories.
International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.
International Investment Agreements And Eu Law
DOWNLOAD
Author : Tomas Fecak
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-09-25
International Investment Agreements And Eu Law written by Tomas Fecak 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 2016-09-25 with Law categories.
The rapidly growing number of investors’ disputes with states and the approach of arbitral tribunals, perceived by some, whether rightly or not, as being too investor-friendly, underlie a contentious debate about the need to strike a more effective balance between investors’ rights under international investment agreements (IIAs) and the right of states to pursue legitimate regulation in the public interest. In this regard the European Union, with the exclusive external competence in foreign direct investment vested in it under the Lisbon Treaty, is emerging as the leader and driving force in the future development of international investment law. This book examines the competence of the EU to conclude investment treaties in the light of the investment protection rules of IIAs, explores how far the EU regime for cross-border investment and investors’ rights under IIAs can be considered comparable, and brings about an extensive analysis of existing agreements of Member States and their compatibility with EU law, with detailed investigation of how the potentially conflicting obligations of Member States under the two regimes can be reconciled. The book covers such elements of the debate as the following: • ‘standards of treatment’ under IIAs; • investment-related provisions of EU law; • dispute settlement mechanisms and the conduct of investment disputes; • how recent controversies over bilateral investment treaties (BITs) shape emerging EU international investment policy; • effect of political and institutional interests; • transitional arrangements for BITs between Member States and third countries established by Regulation 1219/2012; • CJEU decisions concerning BITs concluded between EU Member States and third countries; • significant arbitral awards involving intra-EU BITs; • allocation of international responsibility for breaches of investors’ rights; • intra-EU dimension of the Energy Charter Treaty (ECT); • possibilities for review of arbitral awards by courts of Member States; • desirability of international protection of foreign investment in developed countries; and • role of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) The author provides a number of well-grounded recommendations, taking into account throughout the legitimate interests and expectations of individual investors. As an invaluable commentary on developments related to the interplay between international investment law and EU law, and a guide to ameliorating the tensions and controversies surrounding this relationship, this book will appeal to a wide variety of readers. The questions dealt with are faced not only by negotiators and others involved in policymaking in the area of foreign investment, but also by specialists in international investment law, investment arbitration, EU international relations law, and anyone involved in cross-border law, as well as others who encounter these questions in the course of their professional or academic activities.
Sustainable Development In Eu Foreign Investment Law
DOWNLOAD
Author : Stefanie Schacherer
language : en
Publisher: BRILL
Release Date : 2021-08-24
Sustainable Development In Eu Foreign Investment Law written by Stefanie Schacherer and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-24 with Law categories.
Sustainable Development in EU Foreign Investment Law offers a clear and convincing assessment of how the EU contributes to the ongoing debate on sustainable development integration in international investment agreements.