Evolution In Investment Treaty Law And Arbitration
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Evolution In Investment Treaty Law And Arbitration
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Author : Chester Brown
language : en
Publisher: Cambridge University Press
Release Date : 2011-11-17
Evolution In Investment Treaty Law And Arbitration written by Chester Brown 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 2011-11-17 with Law categories.
International investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century - and its exponential growth over the last decade - new levels of complexity, uncertainty and substantive expansion are emerging. States continue to enter into investment treaties and the number of investor-State arbitration claims continues to rise. At the same time, the various participants in investment treaty arbitration are faced with increasingly difficult issues concerning the fundamental character of the investment treaty regime, the role of the actors in international investment law, the new significance of procedure in the settlement of disputes and the emergence of cross-cutting issues. Bringing together established scholars and practitioners, as well as members of a new generation of international investment lawyers, this volume examines these developments and provides a balanced assessment of the challenges being faced in the field.
China S Treaty Policy And Practice In International Investment Law And Arbitration
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Author : G. Matteo Vaccaro-Incisa
language : en
Publisher: BRILL
Release Date : 2021-04-26
China S Treaty Policy And Practice In International Investment Law And Arbitration written by G. Matteo Vaccaro-Incisa and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-04-26 with Law categories.
Flyer In this comparative and analytical study, G. Matteo Vaccaro-Incisa offers the most comprehensive and detailed account of China's Treaty Policy and Practice in International Investment Law and Arbitration published to date. After outlining the evolution of China's macroeconomics and ideological stance toward foreign investment, the author analyzes the relationship between the model investment treaties China adopted over the time and those of other traditional key players in the field (Germany, UK, France, Italy, Netherlands). Most innovatively, by analytically surveying several key provisions (including ISDS, expropriation, MFN, NT, FET, FPS) of 120 International Investment Agreements concluded by China, this work manages to draw an objective assessment of the investment treaty policy and practice of a nation that has quickly become a leading importer and exporter of capital across the globe.
The Origin And Evolution Of Investment Treaty Standards
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Author : Federico Ortino
language : en
Publisher:
Release Date : 2019
The Origin And Evolution Of Investment Treaty Standards written by Federico Ortino and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
This book charts the origins and development of investment protection provisions in foreign investment treaties. Federico Ortino argues that these provisions revolve around three key concepts: legal stability, investment's value, and reasonableness.
Investment Treaty Arbitration
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Author : Andrés Rigo Sureda
language : en
Publisher: Cambridge University Press
Release Date : 2012-04-16
Investment Treaty Arbitration written by Andrés Rigo Sureda 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 2012-04-16 with Law categories.
How do arbitrators decide in the face of the uncertainty of the law between alternatives which may be equally justified?
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.
India And Bilateral Investment Treaties
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Author : Prabhash Ranjan
language : en
Publisher: Oxford University Press
Release Date : 2019-04-24
India And Bilateral Investment Treaties written by Prabhash Ranjan 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 2019-04-24 with Performing Arts categories.
As a consequence of being sued by more than 20 foreign investors, India terminated close to 60 investment treaties and adopted a new Model Bilateral Investment Treaty (BIT) purportedly to balance investment protection with the host State’s right to regulate. This book is a critical study of India’s approach towards BITs and traces their origin, evolution, and the current state of play. It does so by locating them in India’s economic policy in general and policy towards foreign investment in particular. India’s approach towards BITs and policy towards foreign investment were consistent with each other in the periods of economic nationalism (1947–1990) and economic liberalism (1991–2010). However, post 2010, India’s approach to BITs has become protectionist while India’s foreign investment policy continues to be liberal. To balance investment protection with the State’s right to regulate, India needs to evolve its BIT practice based on the twin framework of international rule of law and embedded liberalism.
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.
Building International Investment Law
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Author : Centre international pour le réglement des différends relatifs aux investissements
language : en
Publisher:
Release Date : 2015
Building International Investment Law written by Centre international pour le réglement des différends relatifs aux investissements and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Investments, Foreign categories.
The Impact Of Investment Treaty Law On Host States
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Author : Mavluda Sattorova
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-02-08
The Impact Of Investment Treaty Law On Host States written by Mavluda Sattorova and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-08 with Law categories.
Traditionally, international investment law was conceptualised as a set of norms aiming to ensure good governance for foreign investors, in exchange for their capital and know-how. However, the more recent narratives postulate that investment treaties and investor–state arbitration can lead to better governance not just for foreign investors but also for host state communities. Investment treaty law can arguably foster good governance by holding host governments liable for a failure to ensure transparency, stability, predictability and consistency in their dealings with foreign investors. The recent proliferation of such narratives in investment treaty practice, arbitral awards and academic literature raises questions as to their juridical, conceptual and empirical underpinnings. What has propelled good governance from a set of normative ideals to enforceable treaty standards? Does international investment law possess the necessary characteristics to inspire changes at the national level? How do host states respond to investment treaty law? The overarching objective of this monograph is to unpack existing assumptions concerning the effects of international investment law on host states. By combining doctrinal, empirical, comparative analysis and unveiling the emerging 'nationally felt' responses to international investment norms, the book aims to facilitate a more informed understanding of the present contours and the nature of the interplay between international investment norms and national realities.
Transparency In International Investment Arbitration
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Author : Dimitrij Euler
language : en
Publisher: Cambridge University Press
Release Date : 2015-08-10
Transparency In International Investment Arbitration written by Dimitrij Euler 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 2015-08-10 with Education categories.
This in-depth commentary analyses the new UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration.