General International Law In International Investment Law
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General International Law In International Investment Law
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Author : Andreas Kulick
language : en
Publisher: Oxford University Press
Release Date : 2024-05-22
General International Law In International Investment Law written by Andreas Kulick 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 2024-05-22 with Law categories.
This Commentary systematically and comprehensively examines the various sources of general international law relevant to international investment law and arbitration.
General International Law In International Investment Law
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2024-02-22
General International Law In International Investment Law written by 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 2024-02-22 with Law categories.
General international law is part and parcel of investor-state arbitration. This is the case not only regarding treaty law and state responsibility, but also with respect to matters such as state succession, the international minimum standard, and state immunity, all of which feature regularly in investor-state arbitration. Yet, although general international law issues arise in almost every investment case and often require extensive research, no systematic exploration of the relationship between the two exists. This Commentary is the first to fill this gap, providing a comprehensive treatment of the role of general international law in international investment law. It engages in detail with central matters of general international law, including in the practice of investment arbitration tribunals, moving beyond existing works which focus solely on procedural and institutional provisions. The Commentary's forty-six chapters do not focus on a single source or subject. Instead, each concentrates on a specific, relevant article from a particular source of public law - such as the Vienna Convention on the Law of Treaties (1969) or the International Law Commission's Articles on the Responsibility of States for Internationally Wrongful Acts (2001), among others. The entries combine detailed analysis with an examination of procedural and substantive aspects - such as nationality and unjust enrichment - and respond to the following questions: how have investment tribunals interpreted and applied the specific rule of general international law? To what extent and why does such interpretation and application align with or deviate from the practice by other international courts or tribunals? How could and should investment tribunals interpret and apply rules that have yet to feature in investment arbitration? This unique format means this commentary will serve as a central guide for all relevant case law and scholarship on international investment law.
International Investment Law And General International Law
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Author : Christian J. Tams
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-12-28
International Investment Law And General International Law written by Christian J. Tams 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 2022-12-28 with categories.
This book questions whether investment law influences the wider field of general international law, and more specifically, whether approaches adopted by tribunals in investment arbitrations have radiated, or should radiate, into other fields of international law. To answer this question, the book engages in a detailed analysis of pronouncements by investment tribunals on state responsibility, the law of treaties, and general principles of dispute resolution, and evaluates their impact beyond the narrow field of investment law. The perspectives provided in the book highlight how rules of general international law are concretised, specified, and at times moulded in investment arbitration practice. By doing so, the book enhances our understanding of the relationship between general international law and one its most dynamic sub-disciplines. Combining conceptual and practical perspectives, and offering a detailed analysis of the pertinent case law, the book is a plea for a fuller engagement directed at both general international lawyers and international investment lawyers. It will help investment lawyers better understand the role of general international law in their field of practice. General international lawyers will benefit from paying close attention to how investment lawyers apply and interpret rules of general international law.
International Investment Law
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Author : Tarcisio Gazzini
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-08-22
International Investment Law written by Tarcisio Gazzini 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 2012-08-22 with Law categories.
Drawing on State practice, arbitral awards and national decisions, this book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction.
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.
International Investment Law And General International Law
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Author : Christian J. Tams
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-01-19
International Investment Law And General International Law written by Christian J. Tams 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 2023-01-19 with Law categories.
This book questions whether investment law influences the wider field of general international law, and more specifically, whether approaches adopted by tribunals in investment arbitrations have radiated, or should radiate, into other fields of international law.
Investment Treaty Law
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Author : British Institute of International and Comparative Law
language : en
Publisher: BIICL
Release Date : 2009
Investment Treaty Law written by British Institute of International and Comparative Law and has been published by BIICL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Business & Economics categories.
The Investment Treaty Forum of the British Institute of International and Comparative Law brings together eminent practitioners, arbitrators, and academics in the dynamic area of international investment law. Members of the Forum, under the British Institute's auspices, examine and debate the legal and policy issues presented by the increasingly complex web of investment treaties and the disputes that arise under them. The Forum held two conferences in 2007. This present volume compiles the papers presented at the conferences, as well as a transcript of the round-table discussion on the subject of 'precedent' in international investment. Part I of the book is devoted to remedies, compensation, and valuation in international investment disputes. This under-theorized area of law is ripe for further exploration by lawyers and economists, and the papers in this volume present a framework for further inquiry. Part II addresses the jurisprudence emerging from investment arbitration tribunals on issues such as fair and equitable treatment, 'umbrella' clauses, and nationality of claimants. The overarching question addressed by the papers, and by the concluding roundtable, is the relationship of those decisions with general international law and whether or not there is, or should be, a doctrine of precedent in investment treaty arbitration.
The Formation And Identification Of Rules Of Customary International Law In International Investment Law
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Author : Patrick Dumberry
language : en
Publisher: Cambridge University Press
Release Date : 2016-03-18
The Formation And Identification Of Rules Of Customary International Law In International Investment Law written by Patrick Dumberry 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 2016-03-18 with Law categories.
Rules of customary international law provide basic legal protections to foreign investors doing business abroad. These rules remain of fundamental importance today despite the growing number of investment treaties containing substantive investment protection. In this book, Patrick Dumberry provides a comprehensive analysis of the phenomenon of custom in the field of international investment law. He analyses two fundamental questions: how customary rules are created in this field and how they can be identified. The book examines the types of manifestation of state practice which should be considered as relevant evidence for the formation of customary rules, and to what extent they are different from those existing under general international law. The book also analyses the concept of states' opinio juris in investment arbitration. Offering guidance to actors called upon to apply customary rules in concrete cases, this book will be of significant importance to those involved in investment arbitration.
Investors International Law
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Author : Jean Ho
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-06-03
Investors International Law written by Jean Ho and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-03 with Law categories.
This book is the first book-length analysis of investor accountability under general and customary international law, international human rights law, international environmental law, international humanitarian law, as well as international investment law. International investment law is currently facing growing criticisms for its failure to address corruption, abuse, environmental damage, and other forms of investor misconduct. Reform initiatives range from the rejection of international law as a governing regime for investors, to the dramatic overhaul of investment treaties that supposedly enable investor overprotection, to the creation of a multilateral international instrument that would enable the litigation of claims against errant businesses before an international tribunal. Whether these initiatives succeed in disciplining investors remains to be seen. What these initiatives undeniably show however, is that change is warranted to counteract this lopsided investors' international law. Each chapter in the book addresses a different and underexplored dimension of investor accountability, thus offering a novel and consolidated study of international law. The book will be of immense assistance to legal practitioners, academics and policy makers involved in the design, drafting, application and reform of various international instruments addressing investor accountability.
Article Review On Sources Of International Investment Law
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Author : Abera Milkessa
language : de
Publisher: GRIN Verlag
Release Date : 2022-09-14
Article Review On Sources Of International Investment Law written by Abera Milkessa and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-14 with Law categories.
Studienarbeit aus dem Fachbereich Jura - Andere Rechtssysteme, Rechtsvergleichung, , Sprache: Deutsch, Abstract: The sources of international investment law are discussed, as well as the distinguishing characteristics of this area of international law in comparison to general international law. The predominance of bilateral investment treaties in investment relations raises various problems about the linkages between investment and non-investment treaties. In such situations, no investment tribunal has exonerated a party from its investment duties, nor has it considerably lowered the amount of compensation to be paid to the damaged party. In the formative phase of international investment law, particularly in the oil concession arbitrations and in the pre-BIT era, general principles of law played an important role (such as in the Iran-US Claims Tribunal). According to recent empirical investigations, they are mainly ignored by today's arbitral tribunals. The intrinsic ambiguity of this source of law may explain the relative insignificance of general rules in contemporary investment jurisprudence. Article 53 of the Vienna Convention, which deals with jus cogens, and Article 103 of the United Nations Charter, which deals with the primacy of the Charter's duties over investment treaties, Although writers' writings are considered a "secondary" source of international law, investment courts frequently consult them. Unlike the International Court of Justice, the World Trade Organization Appellate Body, and the European Court of Human Rights, which seldom resort to writers' opinions, investment arbitrators usually refer to scholarly literature In this chapter, we examine the distinctive features of the sources of international investment law and how they relate to relationships between host states and foreign investors. Article 38 of the International Court of Justice's Statute of Justice defines the list of sources of general international law. As discussed in this chapter, not all rules of public international law are relevant to relationships with host states or foreign investor.