Full Protection And Security In International Investment Law
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Full Protection And Security In International Investment Law
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Author : Sebastián Mantilla Blanco
language : en
Publisher:
Release Date : 2019
Full Protection And Security In International Investment Law written by Sebastián Mantilla Blanco and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Electronic books categories.
This book provides a comprehensive study of the standard of 'full protection and security (FPS) in international investment law. Ever since the Germany-Pakistan BIT of 1959, almost every investment agreement has included an FPS clause. FPS claims refer to the most diverse factual settings, from terrorist attacks to measures concerning concession contracts. Still, the FPS standard has received far less scholarly attention than other obligations under international investment law. Filling that gap, this study examines the evolution of FPS from its medieval roots to the modern age, delimits the scope of FPS in customary international law, and analyzes the relationship between FPS and the concept of due diligence in the law of state responsibility. It additionally explores the interpretation and application of FPS clauses, drawing particular attention to the diverse wording used in investment treaties, the role ascribed to custom, and the interplay between FPS and other treaty-based standards. Besides delivering a detailed analysis of the FPS standard, this book also serves as a guide to the relevant sources, providing an overview of numerous legal instruments, examples of state practice, arbitral decisions, and related academic publications about the standard.
Full Protection And Security In International Investment Law
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Author : Sebastián Mantilla Blanco
language : en
Publisher: Springer Nature
Release Date : 2019-10-24
Full Protection And Security In International Investment Law written by Sebastián Mantilla Blanco and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-24 with Law categories.
This book provides a comprehensive study of the standard of ‘full protection and security’ (FPS) in international investment law. Ever since the Germany-Pakistan BIT of 1959, almost every investment agreement has included an FPS clause. FPS claims refer to the most diverse factual settings, from terrorist attacks to measures concerning concession contracts. Still, the FPS standard has received far less scholarly attention than other obligations under international investment law. Filling that gap, this study examines the evolution of FPS from its medieval roots to the modern age, delimits the scope of FPS in customary international law, and analyzes the relationship between FPS and the concept of due diligence in the law of state responsibility. It additionally explores the interpretation and application of FPS clauses, drawing particular attention to the diverse wording used in investment treaties, the role ascribed to custom, and the interplay between FPS and other treaty-based standards. Besides delivering a detailed analysis of the FPS standard, this book also serves as a guide to the relevant sources, providing an overview of numerous legal instruments, examples of state practice, arbitral decisions, and related academic publications about the standard.
Host State Circumstances And Absolute Standards Of Protection In International Investment Law
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Author : Johanna Braun
language : en
Publisher: Nomos Verlag
Release Date : 2022-10-28
Host State Circumstances And Absolute Standards Of Protection In International Investment Law written by Johanna Braun and has been published by Nomos Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-28 with Law categories.
Dieses Werk beschäftigt sich mit den sogenannten "absoluten" Schutzstandards im internationalen Investitionsschutzrecht: dem Fair and Equitable Treatment (FET) und dem Full Protection and Security (FPS) Standard. Es bearbeitet die Frage, ob außergewöhnliche Umstände im Gaststaat einen Einfluss auf die Auslegung dieser Standards haben. Zu diesem Zweck untersucht die Autorin die normativen Grundlagen beider Standards, einschließlich des jeweiligen Wortlauts, Systematik und Zweck, bevor die bestehende Schiedsgerichtspraxis analysiert wird. .
The Full Protection And Security Standard In International Investment Law
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Author : Nartnirun Junngam
language : en
Publisher:
Release Date : 2018
The Full Protection And Security Standard In International Investment Law written by Nartnirun Junngam and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
Host State Circumstances And Absolute Standards Of Protection In International Investment Law
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Author : Johanna Braun
language : en
Publisher:
Release Date : 2022-11
Host State Circumstances And Absolute Standards Of Protection In International Investment Law written by Johanna Braun and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11 with categories.
International Investment Law
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Author : Krista Nadakavukaren Schefer
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-02-28
International Investment Law written by Krista Nadakavukaren Schefer 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 up-to-date and revised third edition offers a clear and comprehensive overview aimed at upper-level undergraduate and postgraduate courses on international investment law. Key features and benefits include: • concise descriptions of legal principles followed by classic and contemporary cases • extracts from and analysis of key recent decisions, revised investment treaty texts and new court system proposals • detailed discussion notes and all new ‘Questions to an Expert’ to enable classroom discussion and facilitate critical reflection.
Standards Of Investment Protection
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Author : August Reinisch
language : en
Publisher: OUP Oxford
Release Date : 2008-09-11
Standards Of Investment Protection written by August Reinisch and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-11 with Political Science categories.
This volume examines the standards of treatment, demanded from host states, that form the basis of contemporary international investment protection. It analyses the core standards commonly contained in bilateral and multilateral investment treaties, including 'fair and equitable treatment', 'full protection and security', and the non-discrimination standards. The burgeoning case-law before arbitral tribunals has exercised a huge influence on how these standards are interpreted in practice. The essays in this volume, by leading practitioners and scholars in the field of investment arbitration, analyse the case-law and provide a framework for a common consensus to emerge on how the standards should be applied in future.
International Protection Of Investments
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Author : August Reinisch
language : en
Publisher: Cambridge University Press
Release Date : 2020-06-30
International Protection Of Investments written by August Reinisch 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 2020-06-30 with Law categories.
This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.
International Investment Law And The Law Of Armed Conflict
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Author : Katia Fach Gómez
language : en
Publisher: Springer
Release Date : 2019-08-05
International Investment Law And The Law Of Armed Conflict written by Katia Fach Gómez and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-05 with Law categories.
Assessing the extent to which armed conflict impacts the obligations that states have towards foreign investors and their investments under international investment treaties requires considering a wide range of issues, many of which are systemic in nature. These include substantive and procedural topics, not only with regard to international investment law, but also concerning the law on the use of force, international humanitarian law and human rights law, the law of treaties, the law of state responsibility and the law of state succession.This volume provides an in-depth assessment of the overlap between international investment law and the law of armed conflict by charting the terrain of the multifaceted and complex relationship between these two fields of public international law, fostering debate and offering novel perspectives on the matter.
Investment Law Within International Law
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Author : Freya Baetens
language : en
Publisher: Cambridge University Press
Release Date : 2013-08-01
Investment Law Within International Law written by Freya Baetens 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 2013-08-01 with Law categories.
Developments within various sub-fields of international law influence international investment law, but changes in investment law also have an impact on the evolution of other fields within international law. Through contributions from leading scholars and practitioners, this book analyses specific links between investment law and other sub-fields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and EU law. In particular, this book scrutinises how concepts, principles and rules developed in the context of such sub-fields could inform the content of investment law. Solutions aimed at resolving problems in other settings may provide instructive examples for addressing current problems in the field of investment law, and vice versa. The underlying question is whether key sub-fields of public international law, notably international investment law, are open to cross-fertilisation, or, whether they are evolving further into self-contained regimes.