Ceta S Investment Chapter
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Ceta S Investment Chapter
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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.
Foreign Investment Under The Comprehensive Economic And Trade Agreement Ceta
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Author : Makane Moïse Mbengue
language : en
Publisher: Springer
Release Date : 2018-12-27
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 2018-12-27 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.
International Trade And Investment Dispute Settlement
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Author : Giorgio Sacerdoti
language : en
Publisher: Taylor & Francis
Release Date : 2025-06-17
International Trade And Investment Dispute Settlement written by Giorgio Sacerdoti and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-06-17 with Law categories.
This book provides a thorough comparative analysis of the trade dispute settlement system of the WTO, Regional Trade Agreements, and of Investor–State Dispute Settlement (ISDS). Reviewing in parallel their origins, features, development, and current challenges, highlighting commonalities and differences, the book analyzes criticisms leveled against both regimes, explores current reform efforts at the WTO, ICSID, and UNCITRAL (including the controversial proposal to replace ISDS with a Multilateral Investment Court), and engages in the on-going debate by evaluating possible outcomes. As to trade, the book highlights the WTO system's successful operation for more than 20 years and its hobbling functioning since the paralysis of the Appellate Body in 2019. As to ISDS, the book details the procedural protection granted to foreign investors under Bilateral Investment Treaties (BITs), other International Investment Agreements and investment chapters of trade agreements such as NAFTA, USMCA, CETA, and the CPTPP, alongside the impact of case law on the regulatory space of states. This authoritative book intends to serve as a fundamental reference for students and researchers in international investment and trade law, as well as for international lawyers, adjudicators, and diplomats involved in dispute settlement.
Constitutional Review And International Investment Law
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Author : David Schneiderman
language : en
Publisher: Oxford University Press
Release Date : 2024-07-18
Constitutional Review And International Investment Law written by David Schneiderman 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 2024-07-18 with Law categories.
Are courts resisting the rise of legal limitations to state action caused by investment treaty commitments? This book pioneers a unique analysis of both investment law and comparative constitutional law by examining how a selection of the highest courts around the world have addressed this potential discord.
International Investment Protection And Constitutional Law
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Author : Stephan W. Schill
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-11-25
International Investment Protection And Constitutional Law 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 2022-11-25 with Law categories.
This book develops a conceptual framework that captures not only the tensions between constitutional values that are common to liberal democracies – human rights, democracy, and the rule of law – and the investment treaty regime, but also the potential for co-existence and complementarity.
The Icsid Convention
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Author : Christoph Schreuer
language : en
Publisher:
Release Date : 2014-05-14
The Icsid Convention written by Christoph Schreuer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-14 with Arbitration and award categories.
This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID).
Research Handbook On Investment Law And Sustainable Development
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Author : Marie-Claire Cordonier Segger
language : en
Publisher: Edward Elgar Publishing
Release Date : 2025-04-09
Research Handbook On Investment Law And Sustainable Development written by Marie-Claire Cordonier Segger 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 2025-04-09 with Law categories.
This cutting-edge Research Handbook examines how investment law and policy can foster or frustrate sustainable development goals and accords. Expert authors explore opportunities for environmental, social, and economic rules to shape international investment flows, advancing global sustainability and justice.
Research Handbook On Intellectual Property And Investment Law
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Author : Christophe Geiger
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-06-26
Research Handbook On Intellectual Property And Investment Law written by Christophe Geiger 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 2020-06-26 with Law categories.
This innovative Research Handbook explores the complex and controversial interactions between intellectual property (IP) and investment law. In light of recent developments at national, European and international levels, the chapters critically examine the legitimacy of current practices with regard to the social function of IP rights and the regulatory autonomy of States to undertake measures in the public interest.
Shifting Paradigms In International Investment Law
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Author : Steffen Hindelang
language : en
Publisher: Oxford University Press
Release Date : 2016-01-22
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 2016-01-22 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.
Sustainable Development In Eu Foreign Investment Law
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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.
In Sustainable Development in EU Foreign Investment Law, Stefanie Schacherer offers an account of the legal effects of sustainable development within the EU’s international investment policy and global investment governance. The author provides a clear assessment of how the EU contributes to the ongoing debate on sustainable development integration in international investment agreements. By analysing the EU’s post-Lisbon treaty practice, the author critically assesses to what extent the EU has managed to operationalise a sustainable-development-driven foreign investment policy.