Custom And Its Interpretation In International Investment Law Volume 2

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Custom And Its Interpretation In International Investment Law Volume 2

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Author : Panos Merkouris
language : en
Publisher: Cambridge University Press
Release Date : 2023-11-30

Custom And Its Interpretation In International Investment Law Volume 2 written by Panos Merkouris 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 2023-11-30 with Law categories.

At first glance, one may think of international investment law as a response to custom (or lack thereof), instead of a field of its application. However, in fact, the opposite is the case. The interpretation and application of customary rules and principles are the bread and butter of international investment law and arbitration. With a diverse range of expert contributors, this collection traces how customary international law is practised in international investment law. It considers how custom should be interpreted and how its rules and principles should be understood and applied by investor-state arbitral tribunals. Raising and addressing vital questions surrounding custom and international law, this collection is a necessary contribution to the scholarship of the theory and history of customary international law and international investment law. This title is also available as Open Access on Cambridge Core.

Custom And Its Interpretation In International Investment Law Volume 2

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Author : Panos Merkouris
language : en
Publisher:
Release Date : 2024-01-10

Custom And Its Interpretation In International Investment Law Volume 2 written by Panos Merkouris and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-10 with Law categories.

At first glance, one may think of international investment law as a response to custom (or lack thereof), instead of a field of its application. However, in fact, the opposite is the case. The interpretation and application of customary rules and principles are the bread and butter of international investment law and arbitration. With a diverse range of expert contributors, this collection traces how customary international law is practised in international investment law. It considers how custom should be interpreted and how its rules and principles should be understood and applied by investor-state arbitral tribunals. Raising and addressing vital questions surrounding custom and international law, this collection is a necessary contribution to the scholarship of the theory and history of customary international law and international investment law. This title is also available as Open Access on Cambridge Core.

The Theory Practice And Interpretation Of Customary International Law

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Author : Panos Merkouris
language : en
Publisher: Cambridge University Press
Release Date : 2022-05-26

The Theory Practice And Interpretation Of Customary International Law written by Panos Merkouris 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 2022-05-26 with Law categories.

Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.

International Investment Law And Legal Theory

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Author : Jr̲g Kammerhofer
language : en
Publisher: Cambridge University Press
Release Date : 2021-05-06

International Investment Law And Legal Theory written by Jr̲g Kammerhofer 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 2021-05-06 with Law categories.

A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.

Principles Of International Investment Law

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Author : Rudolf Dolzer
language : en
Publisher: Oxford University Press
Release Date : 2022-01-13

Principles Of International Investment Law written by Rudolf Dolzer 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 2022-01-13 with Law categories.

This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor-State arbitration. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students, scholars, and practitioners alike.

The Fair And Equitable Treatment Standard In The International Law Of Foreign Investment

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Author : Ioana Tudor
language : en
Publisher: Oxford University Press, USA
Release Date : 2008

The Fair And Equitable Treatment Standard In The International Law Of Foreign Investment written by Ioana Tudor and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Business & Economics categories.

This text analyses the conventional and customary framework of the fair and equitable treatment clauses commonly found in bilateral investment treaties (BITs) and charts how these clauses have become norms of customary international law.

International Investment Law

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Author : Arnaud de Nanteuil
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-02-28

International Investment Law written by Arnaud de Nanteuil 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 2020-02-28 with Law categories.

This comprehensive book provides a complete overview of the international legal system of foreign investment protection, synthesising material from treaties, general international law, contracts and case law to demonstrate a coherent system of investment protection. Through this systematic approach, the book considers all aspects of the discipline, providing a thorough and accessible analysis.

Custom As A Source Of Law

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Author : David J. Bederman
language : en
Publisher: Cambridge University Press
Release Date : 2010-08-16

Custom As A Source Of Law written by David J. Bederman 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 2010-08-16 with Law categories.

A central puzzle in jurisprudence has been the role of custom in law. Custom is simply the practices and usages of distinctive communities. But are such customs legally binding? Can custom be law, even before it is recognized by authoritative legislation or precedent? And, assuming that custom is a source of law, what are its constituent elements? Is proof of a consistent and long-standing practice sufficient, or must there be an extra ingredient - that the usage is pursued out of a sense of legal obligation, or, at least, that the custom is reasonable and efficacious? And, most tantalizing of all, is custom a source of law that we should embrace in modern, sophisticated legal systems, or is the notion of law from below outdated, or even dangerous, today? This volume answers these questions through a rigorous multidisciplinary, historical, and comparative approach, offering a fresh perspective on custom's enduring place in both domestic and international law.

Customary International Law

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Author : Brian D. Lepard
language : en
Publisher: Cambridge University Press
Release Date : 2010-01-11

Customary International Law written by Brian D. Lepard 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 2010-01-11 with Law categories.

This book sets out to articulate a comprehensive theory of customary international law that can effectively resolve the conceptual and practical enigmas surrounding it. It takes a multidisciplinary approach and draws insights from international law, legal theory, political science, and game theory. It is anchored in a sophisticated ethical framework and explores the interrelationships between customary international law and ethics.

The Interpretation Of International Investment Law

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Author : Todd Weiler
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-05-02

The Interpretation Of International Investment Law written by Todd Weiler 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 2013-05-02 with Business & Economics categories.

In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historical analysis should be adopted in the interpretation of international investment law obligations. Weiler subjects some of the most commonly held beliefs about the nature and development of international investment law to a critical re-appraisal, based upon meticulously assembled historical record. In the process, the book provides readers with a fresh perspective on some of the oldest obligations in international law. This stimulating contribution to the discourse on interpretation of international investment law standards sheds new light on the formation of such primary obligations as fair and equitable treatment, protection and security and the customary international law minimum standard of treatment for aliens. Additionally, a thought-provoking historical analysis explains why a one-size-fits-all approach to obligations found in both trade and investment treaties, such as MFN treatment and national treatment, must be rejected. With a keen attention to detail, The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context reveals the dynamic relationship between historical analysis, critical theory and the construction of both customary and treaty norms in international investment law.