Principles Of International Trade And Investment Law
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Principles Of International Trade And Investment Law
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Author : Mitchell, Andrew D.
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-09-21
Principles Of International Trade And Investment Law written by Mitchell, Andrew D. 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 2021-09-21 with Law categories.
This essential book discusses a wide range of important legal principles such as procedural fairness and reasonableness in the context of international trade and investment law. Using comparative methodology, the authors examine how those principles are reflected in treaties and how they are employed by adjudicators resolving disputes.
Judging The State In International Trade And Investment Law
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Author : Leïla Choukroune
language : en
Publisher: Springer
Release Date : 2016-12-10
Judging The State In International Trade And Investment Law written by Leïla Choukroune and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-10 with Law categories.
This book addresses concerns with the international trade and investment dispute settlement systems from a statist perspective, at a time when multilateralism is deeply questioned by the forces of mega-regionalism and political and economic contestation. In covering recent case law and theoretical discussions, the book’s contributors analyze the particularities of statehood and the limitations of the dispute settlement systems to judge sovereign actors as autonomous regulators. From a democratic deficit coupled with a deficit of legitimacy in relation to the questionable professionalism, independence and impartiality of adjudicators to the lack of consistency of decisions challenging essential public policies, trade and investment disputes have proven controversial. These challenges call for a rethinking of why, how and what for, are States judged. Based on a “sovereignty modern” approach, which takes into account the latest evolutions of a globalized trade and investment law struggling to put people’s expectations at its core, the book provides a comprehensive framework and truly original perspective linking the various facets of “judicial activity” to the specific yet encompassing character of international law and the rule of law in international society. In doing so, it covers a large variety of issues such as global judicial capacity building and judicial professionalism from an international and domestic comparative angle, trade liberalisation and States' legitimate rights and expectations to protect societal values, the legal challenges of being a State claimant, the uses and misuses of imported legal concepts and principles in multidisciplinary adjudications and, lastly, the need to reunify international law on a (human) rights based approach.
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.
Principles Of International Economic Law
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Author : Matthias Herdegen
language : en
Publisher: Oxford University Press, USA
Release Date : 2013-01-10
Principles Of International Economic Law written by Matthias Herdegen 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 2013-01-10 with Business & Economics categories.
A comprehensive insight into the legal framework of international economic relations, comprising the law of the World Trade Organization, investment law, and international monetary law, this book highlights the context of human rights, good governance, environmental protection, development, and the role of the G20 and multinationals.
Reclaiming Development In The World Trading System
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Author : Yong-Shik Lee
language : en
Publisher: Cambridge University Press
Release Date : 2016-10-20
Reclaiming Development In The World Trading System written by Yong-Shik Lee 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 2016-10-20 with Business & Economics categories.
In this second edition, Lee provides extensive coverage of international trade law from an economic development perspective.
Principles Of Law Relating To International Trade
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Author : Nicholas Kouladis
language : en
Publisher: Springer Science & Business Media
Release Date : 2006-07-02
Principles Of Law Relating To International Trade written by Nicholas Kouladis and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-07-02 with Law categories.
The law of international trade raises questions of great intellectual depth. In Principles of Law Relating to International Trade, the author draws from his practical and teaching experience to give a comprehensive introduction to the key areas of law that apply in international business. For the benefit of readers unfamiliar with the English legal system and the many associated branches of English civil law, the book includes a brief introduction to, among other topics, constitutional, criminal, and employment law. The branches of law directly related to international trade, such as contract, insurance, competition, carriage of goods, and sale of goods, are concisely covered in the main text. Case studies and examples are used to clarify the issues for the non-specialist, making international trade law accessible to those taking professional examinations in this field, as well as business executives. The extensive use of footnotes and inclusion of case commentaries bring into clearer focus the many facets of this complicated subject and would be of benefit to the international trade law specialist.
Non Discrimination And The Role Of Regulatory Purpose In International Trade And Investment Law
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Author : Andrew D. Mitchell
language : en
Publisher:
Release Date : 2016
Non Discrimination And The Role Of Regulatory Purpose In International Trade And Investment Law written by Andrew D. Mitchell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Foreign trade regulation categories.
Central to this book is an analysis of the obligation upon states to ensure non-discrimination in the form of adherence to the principles of national treatment and most-favoured nation treatment. These are critical principles for both international trade law and international investment law, yet the case-law in both fields reveals significant inconsistencies regarding key elements of non-discrimination. Tribunals have invoked 'regulatory purpose' to assist in identifying relevant discrimination, but have done so without offering a definition of regulatory purpose and in significantly differing ways. This book explains these inconsistencies and offers a new definition of regulatory purpose.
Prospects In International Investment Law And Policy
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Author : Roberto Echandi
language : en
Publisher: Cambridge University Press
Release Date : 2013-04-18
Prospects In International Investment Law And Policy written by Roberto Echandi 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 2013-04-18 with Law categories.
Addresses the most central debates in contemporary investment law and policy.
International Investment Protection Of Global Banking And Finance
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Author : Arif H. Ali
language : en
Publisher: Kluwer Law International
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 this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-14 with 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.