International Protection Of Investments
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International Protection Of Investments
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Author : August Reinisch
language : en
Publisher: Cambridge University Press
Release Date : 2020-07-16
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 2020-07-16 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.
The Protection Of Foreign Investments In Mongolia
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Author : Bajar Scharaw
language : en
Publisher: Springer
Release Date : 2017-11-07
The Protection Of Foreign Investments In Mongolia written by Bajar Scharaw and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-07 with Law categories.
This book analyses the adequacy of Mongolia’s legal system for foreign investment protection by conducting a multi-level assessment of international investment treaties, domestic legislation of the host State, and investor-State contracts from an international comparative perspective. The investigation distinguishes between three legal dimensions, each of which offers both substantive legal guarantees for the protection of investments in the host State and provisions for the settlement of investment disputes by arbitration. In the first dimension of Public International Law (PIL), Mongolia is bound by international investment treaties, which offer investors an international law setting. In the second dimension, a special domestic investment law defines the domestic framework for the establishment, promotion and protection of investments, but also for the conclusion of investor-State contracts. These contracts in turn open a third legal dimension, which represents a cross-section through the PIL and domestic-law dimensions of investment protection. Following the development of a multi-level system with legal dimensions that are not isolated but rather interrelated and mutually reinforcing, the book examines whether Mongolia’s international investment treaties and domestic investment law reflect globally shared international and domestic standards of treatment and protection of foreign investments. Lastly, the author inquires whether the domestic laws applicable to investor-State contracts in Mongolia allow investors and the Mongolian Government to agree on protective terms according to the (not uncontroversial) standards of international contract practice.
International Investment Law And History
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Author : Stephan W. Schill
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018
International Investment Law And History written by Stephan W. Schill 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 2018 with categories.
Historiographical approaches in international investment law scholarship are becoming ever more important. This insightful book combines perspectives from a range of expert international law scholars who explore ways in which using a broad variety of methods in historical research can lead to a better understanding of international investment law.
International Investment Protection Of Global Banking And Finance
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Author : Arif H. Ali
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-09-14
International Investment Protection Of Global Banking And Finance written by Arif H. Ali 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 2021-09-14 with Law categories.
Global banking and finance is a complex and specialized field with sector-specific investment forms, subject to distinctive legal and regulatory frameworks and unique types of political risk. This comprehensive guide to international investment protection in the finance and banking sector, written by acknowledged experts in the field of investor-State arbitration, provides the first in-depth discussion of how international investment law applies to investors and investments in the sector. Featuring expert guidance on the key legal protections for cross-border banking and finance investments, with complete and up-to-date coverage of investor-State cases, the analysis crystallizes a set of field-specific legal principles for the sector. In particular, the authors address the following practical aspects of investment protection in the banking and finance sector: how sector-specific forms of investment, such as loans and derivatives, impact the dispute resolution process; types of political risk that cross-border investments in the sector are likely to encounter; distinctive adverse sovereign measures that underlie disputes in the sector, including those from sovereign debt defaults and banking sector bailouts; specific treaty provisions, such as jurisdictional carve-outs and targeted exclusions; remedies available for violations of international investment protections; how monetary damages may be assessed for injury to banking and finance sector investments; the scope of financial services chapters included in certain free trade agreements; the protections available under domestic foreign investment laws; and alternative sources of protection such as political risk insurance and investment contracts. International disputes practitioners and academics, in-house counsel in the finance and banking industries, and arbitrators addressing banking and finance disputes will welcome this book for its practical guidance. With strategies for investors as well as for sovereign States to navigate the intricacies of the investment protection system, the authors’ comprehensive analysis will help ensure appropriate international protection for banking and finance sector investments, both when establishing investments and when resolving disputes. The book lays the groundwork for the future consolidation of international investment protection as a critical tool to manage the political risk confronting global banking and finance.
Shifting Paradigms In International Investment Law
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Author : Steffen Hindelang
language : en
Publisher: Oxford University Press
Release Date : 2016
Shifting Paradigms In International Investment Law written by Steffen Hindelang 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 2016 with Law categories.
In light of the controversies surrounding the impact of investment treaties and arbitration, this book reflects on the major changes in the area of international investment law.
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.
Basic Documents On International Investment Protection
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Author : Mêaartiņés Paparinskis
language : en
Publisher:
Release Date : 2020
Basic Documents On International Investment Protection written by Mêaartiņés Paparinskis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Electronic books categories.
"International law of foreign investment is a field of public international law that has attracted considerable attention from practitioners, academics, and policy-makers in the last two decades. Its key characteristic is the extent of substantive and procedural decentralisation: while often sharing certain structural elements, both substantive obligations and mechanisms of international dispute settlement are mostly opposable only between the particular parties, even when expressed in multilateral form. This makes a clear and comprehensive overview of the topic particularly important. The second edition adopts a new structure that better reflects the concurrence of various reform proposals with the fairly stable stratum of instruments that inform the current practice. With this systemic dynamic in mind, the selected documents are divided into three parts: Past, Present, and Future. The Past sets out the legal background to modern investment protection law. The Present provides generalist international law materials (sources and responsibility), a selection of the more important instruments with substantive investment rules, and rules of international dispute settlement regarding investment protection. The Future (new for the second edition) lists a number of possible directions of future development, including a variety of approaches that maintain the traditional procedural kernel of investor-State arbitration as well as proposals for more significant change, with non-State actor involvement in dispute settlement either rejected or moulded into a judicial mechanism. This highly regarded book is aimed at teachers, students, practitioners, and policymakers in the area. It can be used both as a practitioners' handbook and as a classroom companion for courses on international dispute settlement and investment protection law."--
International Investment Agreements And Eu Law
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Author : Tomas Fecak
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-09-25
International Investment Agreements And Eu Law written by Tomas Fecak 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 2016-09-25 with Law categories.
The rapidly growing number of investors’ disputes with states and the approach of arbitral tribunals, perceived by some, whether rightly or not, as being too investor-friendly, underlie a contentious debate about the need to strike a more effective balance between investors’ rights under international investment agreements (IIAs) and the right of states to pursue legitimate regulation in the public interest. In this regard the European Union, with the exclusive external competence in foreign direct investment vested in it under the Lisbon Treaty, is emerging as the leader and driving force in the future development of international investment law. This book examines the competence of the EU to conclude investment treaties in the light of the investment protection rules of IIAs, explores how far the EU regime for cross-border investment and investors’ rights under IIAs can be considered comparable, and brings about an extensive analysis of existing agreements of Member States and their compatibility with EU law, with detailed investigation of how the potentially conflicting obligations of Member States under the two regimes can be reconciled. The book covers such elements of the debate as the following: • ‘standards of treatment’ under IIAs; • investment-related provisions of EU law; • dispute settlement mechanisms and the conduct of investment disputes; • how recent controversies over bilateral investment treaties (BITs) shape emerging EU international investment policy; • effect of political and institutional interests; • transitional arrangements for BITs between Member States and third countries established by Regulation 1219/2012; • CJEU decisions concerning BITs concluded between EU Member States and third countries; • significant arbitral awards involving intra-EU BITs; • allocation of international responsibility for breaches of investors’ rights; • intra-EU dimension of the Energy Charter Treaty (ECT); • possibilities for review of arbitral awards by courts of Member States; • desirability of international protection of foreign investment in developed countries; and • role of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) The author provides a number of well-grounded recommendations, taking into account throughout the legitimate interests and expectations of individual investors. As an invaluable commentary on developments related to the interplay between international investment law and EU law, and a guide to ameliorating the tensions and controversies surrounding this relationship, this book will appeal to a wide variety of readers. The questions dealt with are faced not only by negotiators and others involved in policymaking in the area of foreign investment, but also by specialists in international investment law, investment arbitration, EU international relations law, and anyone involved in cross-border law, as well as others who encounter these questions in the course of their professional or academic activities.
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 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.