International Investment Law And Legal Theory

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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.

International Investment Law And Soft Law

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Author : Andrea K. Bjorklund
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01

International Investment Law And Soft Law written by Andrea K. Bjorklund 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 2012-01-01 with Law categories.

This important book examines the development of soft law instruments in international investment law and the feasibility of a 'codification' of the present state of this field of international economic law. It draws together the views of international experts on the use of soft law in international law generally and in discrete fields such as WTO, commercial, and environmental law. The book assesses whether investment law has sufficiently coalesced over the last 50 years to be 'codified' and focuses particularly on topical issues such as most-favoured-nation treatment and expropriation. This timely book will appeal to academics interested in the development of international law and legal theory, to those working in investment law, Government investment treaty negotiators and arbitration practitioners.

Resisting Economic Globalization

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Author : D. Schneiderman
language : en
Publisher: Springer
Release Date : 2013-05-15

Resisting Economic Globalization written by D. Schneiderman and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-15 with Law categories.

There is at present much disenchantment with the rules governing international investment. Conceived as a set of disciplines establishing thresholds of tolerable state behaviour, dissatisfaction has precipitated acts of resistance in various parts of the world. Resisting Economic Globalization explores the magnitude of the legal constraints imposed by these rules and institutions associated with the worldwide spread of neoliberalism. Much contemporary theorizing has given up on national states as a locus for countering the harmful effects of economic globalization. Though states provide critical supports to the construction and ongoing maintenance of transnational legal constraints, David Schneiderman argues that states remain crucial sites for resisting, even rolling back, investment law disciplines. Structured as a series of encounters with selected critical theorists, the book contrasts theoretical diagnoses with recent episodes of resistance impeding investment law edicts. This novel approach tests contemporary hypotheses offered by leading political and legal theorists about the nature of power and the role of states and social movements in facilitating and undoing neoliberalism's legal edifices. As a consequence, the foundations of transnational legality become more apparent and the mechanisms for change more transparent.

The Foundations Of International Investment Law

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Author : Zachary Douglas
language : en
Publisher: Oxford University Press, USA
Release Date : 2014-02

The Foundations Of International Investment Law written by Zachary Douglas 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 2014-02 with Law categories.

Bringing together conceptual theories of international investment law with the practical application of the law in treaty arbitration, this book investigates the key controversies in the field. It provides a detailed examination of how a different theoretical approach would have led to a different outcome in a number of important arbitral awards.

The Origins Of International Investment Law

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Author : Kate Miles
language : en
Publisher: Cambridge University Press
Release Date : 2013-10-24

The Origins Of International Investment Law written by Kate Miles 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 2013-10-24 with Law categories.

International investment law is a complex and dynamic field. Yet, the implications of its history are under explored. Kate Miles examines the historical evolution of international investment law, assessing its origins in the commercial and political expansionism of dominant states during the seventeenth to early twentieth centuries and the continued resonance of those origins within modern foreign investment protection law. In particular, the exploration of the activities of the Dutch East India Company, Grotius' treatises, and pre-World War II international investment disputes provides insight into current controversies surrounding the interplay of public and private interests, the systemic design of investor-state arbitration, the substantive focus of principles, and the treatment of environmental issues within international investment law. In adopting such an approach, this book provides a fresh conceptual framework through which contemporary issues can be examined and creates new understandings of those controversies.

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.

Contributory Fault And Investor Misconduct In Investment Arbitration

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Author : Martin Jarrett
language : en
Publisher: Cambridge University Press
Release Date : 2019-07-11

Contributory Fault And Investor Misconduct In Investment Arbitration written by Martin Jarrett 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 2019-07-11 with Law categories.

Investors must be held to account for their flawed contributions or otherwise wrongful conduct, but exactly what 'holding to account' means remains an enigma. Opinions vary on whether such circumstances are relevant to admissibility, jurisdiction, liability, or remedies. Reasoning from certain proposed axioms, this book suggests that such circumstances are only relevant to liability, meaning that the legal concepts that they activate, contributory fault and illegality, are defences. Three defences are identified: mismanagement, investment reprisal, and post-establishment illegality. While they might lack formal recognition, arbitral tribunals have implicitly applied them in multiple investment arbitrations. In detailing their legal content, special attention is paid to resolving the problems that they raise relating to causation, apportionment of liability, distinguishing these defences from their conceptual cousins, and arbitral tribunals' jurisdiction over pleas based on investor misconduct. The result is a restatement of the rules on contributory fault and investor misconduct applicable in investment arbitrations.

International Trade Investment And The Rule Of Law

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Author : Rafael Leal-Arcas
language : en
Publisher:
Release Date : 2020-04-08

International Trade Investment And The Rule Of Law written by Rafael Leal-Arcas and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-08 with Law categories.

This book will be of interest to those in the fields of legal theory as well as the law and policy of international trade, investment, energy, and corporate social responsibility. The book is relevant to scholars and academics as well as policymakers and those working in the field of the rule of law. Lastly, it will be useful for people interested in the international investment and trading system and its various aspects - i.e., multilateralism, regionalism, bilateralism - as well as the overall impact of each on the rule of law. Edited by Rafael Leal-Arcas, Jean Monnet Chaired Professor of European and International Economic Law, Queen Mary University of London (Centre for Commercial Law Studies), United Kingdom. Contributors include: Rafael Leal-Arcas, Beatriz Huarte Melger, Catalin-Gabriel Stanescu, Max Baumgart, Lorenzo Pasculli, Antonio Morelli, Odysseas Repousis, Michail Risvas, Karin Buhmann, Stephen Hardy.

Contractual Renegotiations And International Investment Arbitration

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Author : Aikaterini Florou
language : en
Publisher: BRILL
Release Date : 2020-03-02

Contractual Renegotiations And International Investment Arbitration written by Aikaterini Florou and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-02 with Law categories.

In Contractual Renegotiations and International Investment Arbitration, Aikaterini Florou explores the sensitive issues of renegotiating state contracts and the relationship between those contracts and the overarching international investment treaties. By introducing novel insights from economics, the author deconstructs the contract-treaty interaction, demonstrating that it is not only treaties that impact the underlying contracts, but also that those contracts have an effect on the way the open-textured treaty standards are interpreted. The originality of the argument is combined with an innovative interpretative methodology based on relational contract theory and transaction cost economics. Departing from the traditional emphasis of international lawyers on the text of investment contracts, Florou shows instead that such contracts are first and foremost “economic animals” and the theory of obsolescing bargaining does not paint a full picture of the contract-treaty interaction.

Resistance And Change In The International Law On Foreign Investment

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Author : M. Sornarajah
language : en
Publisher: Cambridge University Press
Release Date : 2015-04-16

Resistance And Change In The International Law On Foreign Investment written by M. Sornarajah 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 2015-04-16 with Business & Economics categories.

Explores the political context of the rapid changes in the international law on foreign investment made through investment arbitration.