Indirect Expropriation In International Law
DOWNLOAD eBooks
Download Indirect Expropriation In International Law PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Indirect Expropriation In International Law book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Indirect Expropriation In International Law
DOWNLOAD eBooks
Author : Sebastián López Escarcena
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-02-28
Indirect Expropriation In International Law written by Sebastián López Escarcena 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 2014-02-28 with Law categories.
When does a state measure become subject to compensation as an indirect expropriation under international law? The author examines claims of indirect takings from such fora as the Iran-United States Claims Tribunal, the European Court of Human Rights, and arbitral panels in investment treaty arbitrations.
Regulatory Freedom And Indirect Expropriation In Investment Arbitration
DOWNLOAD eBooks
Author : Aniruddha Rajput
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-12-20
Regulatory Freedom And Indirect Expropriation In Investment Arbitration written by Aniruddha Rajput and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-20 with Law categories.
Many investment arbitration cases involve a challenge to a regulatory measure of a host state on the basis of indirect expropriation. The practice of arbitral tribunals is diverse and unsettled. In recent years States have been trying to clarify the relationship between regulatory freedom (also known as 'police powers') and indirect expropriation by revising provisions on indirect expropriation in their investment treaties. This book provides the first focused analysis of indirect expropriation and regulatory freedom, drawing on a broad range of the jurisprudence of investment tribunals. The nature of regulatory freedom in international law has been explained on the bases of jurisprudence of international courts and tribunals such as the International Court of Justice (ICJ), Permanent Court of International Justice (PCIJ), dispute resolution bodies of the World Trade Organisation (WTO), European Court of Human Rights. While showing how cases involving standoff between regulatory freedom and indirect expropriation can be resolved in practice, the book goes on to present a conceptual framework for interpreting the nuances of this relationship. The book provides a detailed responses to the following complex questions: • To what extent do states retain regulatory freedom after entering into investment treaties? • What is the scope of regulatory freedom in general public international law? • What are the elements of regulatory freedom and standard of review? • How to draw a dividing line between regulatory freedom and indirect expropriation? • Whether the sole effects doctrine or the police powers is the appropriate method for distinguishing between regulatory freedom and indirect expropriation? While addressing these questions, the author analyses different theoretical approaches that reflect upon the relationship between regulatory freedom and indirect expropriation and how far they assist in understanding these potentially overlapping concepts; their relationship with each other; and the method for distinguishing between them. Given the dense network of around three thousand bilateral investment treaties (BITs) that impose an obligation to protect foreign investments in a State, this book will help practitioners identify, through analysis of cases from diverse fields, how a situation may be categorized either as regulatory freedom or as indirect expropriation. The analysis will also be of value to government officials and lawyers involved in negotiating and re-negotiating investment treaties, and to arbitrators who have to decide these issues. Scholars will welcome the book's keen insight into the contentious relationship between a customary international law norm and a treaty norm.
Indirect Expropriation In International Law
DOWNLOAD eBooks
Author : Rafael Sebastián López Escarcena
language : en
Publisher:
Release Date : 2008
Indirect Expropriation In International Law written by Rafael Sebastián López Escarcena and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.
International Investment Law And Water Resources Management
DOWNLOAD eBooks
Author : Ana Maria Daza-Clark
language : en
Publisher: BRILL
Release Date : 2016-12-01
International Investment Law And Water Resources Management written by Ana Maria Daza-Clark and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-01 with Law categories.
In International Investment Law and Water Resources Management, Daza-Clark offers an appraisal of indirect expropriation, including an analysis of the doctrine of police power.
International Investment Law And Legal Theory
DOWNLOAD eBooks
Author : Jörg Kammerhofer
language : en
Publisher: Cambridge University Press
Release Date : 2021-05-06
International Investment Law And Legal Theory written by Jörg 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.
Indirect Expropriation In International Investment Law Between Sate Regulatory Powers And Investor Protection
DOWNLOAD eBooks
Author : Sondra Faccio
language : en
Publisher:
Release Date : 2020
Indirect Expropriation In International Investment Law Between Sate Regulatory Powers And Investor Protection written by Sondra Faccio and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.
General Principles Of Law And International Investment Arbitration
DOWNLOAD eBooks
Author : Andrea Gattini
language : en
Publisher: BRILL
Release Date : 2018-06-01
General Principles Of Law And International Investment Arbitration written by Andrea Gattini and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-01 with Law categories.
In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration. The resulting picture is that of a lively source that escapes doctrinal straitjackets and maintains its relevance.
International Investment Law A Changing Landscape A Companion Volume To International Investment Perspectives
DOWNLOAD eBooks
Author : OECD
language : en
Publisher: OECD Publishing
Release Date : 2005-09-06
International Investment Law A Changing Landscape A Companion Volume To International Investment Perspectives written by OECD and has been published by OECD Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-09-06 with categories.
Presents four studies on international investment law: one on transparency, one on the fair and equitable treatment standard, one on indirect expropriation and the right to regulate, and one on most favoured nation treatment.
International Investment Law
DOWNLOAD eBooks
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.
Expropriation In Investment Treaty Arbitration
DOWNLOAD eBooks
Author : Johanne M. Cox
language : en
Publisher: Oxford University Press, USA
Release Date : 2019
Expropriation In Investment Treaty Arbitration written by Johanne M. Cox 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 2019 with Law categories.
In recent years, there has been a marked increase in the number of investors seeking compensation from states perceived to have expropriated their projects. Part of the Oxford International Arbitration Series, this book provides a comprehensive guide to expropriation and how it is applied in practice. The book begins by introducing the law of expropriation from a historical standpoint, charting some of the key decisions in the history of expropriation and how it has evolved to become an accepted principle in international law today. It then proceeds to offer a detailed examination of existing case law, from which common substantive principles of the international law on expropriation are drawn out. Relevant international cases from the ICJ, ECHR, Iran-US Tribunal, ICSID, NAFTA, and the ECT are considered to complement the focus on investment treaty arbitration. The book also examines the interplay between expropriation and other standards of treaty protection, namely fair and equitable treatment. The final chapters comment on current trends and assess the relevance of expropriation in the present day.