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Reassertion Of Control Over The Investment Treaty Regime


Reassertion Of Control Over The Investment Treaty Regime
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Reassertion Of Control Over The Investment Treaty Regime


Reassertion Of Control Over The Investment Treaty Regime
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Author : Andreas Kulick
language : en
Publisher:
Release Date : 2016

Reassertion Of Control Over The Investment Treaty Regime written by Andreas Kulick and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with International commercial arbitration categories.


This book identifies a paradigm shift in international investment law and enquires into how states reassert control over investment treaties.



Reassertion Of Control Over The Investment Treaty Regime


Reassertion Of Control Over The Investment Treaty Regime
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Author : Andreas Kulick
language : en
Publisher: Cambridge University Press
Release Date : 2016-12-15

Reassertion Of Control Over The Investment Treaty Regime written by Andreas Kulick 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 2016-12-15 with Business & Economics categories.


This book identifies a paradigm shift in international investment law and enquires into how states reassert control over investment treaties.



The Political Economy Of The Investment Treaty Regime


The Political Economy Of The Investment Treaty Regime
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Author : Jonathan Bonnitcha
language : en
Publisher: Oxford University Press
Release Date : 2018-01-26

The Political Economy Of The Investment Treaty Regime written by Jonathan Bonnitcha 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 2018-01-26 with Business & Economics categories.


Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in international investment arbitration is growing and some developed and developing countries are beginning to revisit their investment treaty policies. The Political Economy of the Investment Treaty Regime synthesises and advances the growing literature on this subject by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, it asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment? Through a concise, but comprehensive, analysis, this book fills in some of the many "blind spots" of academics from different disciplines, and is the first port of call for lawyers, investors, policy-makers, and stakeholders trying to make sense of these critical instruments governing investor-state relations.



A Guide To State Succession In International Investment Law


A Guide To State Succession In International Investment Law
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Author : Patrick Dumberry
language : en
Publisher: Edward Elgar Publishing
Release Date : 2018-07-27

A Guide To State Succession In International Investment Law written by Patrick Dumberry 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 2018-07-27 with Law categories.


A Guide to State Succession in International Investment Law provides a comprehensive analysis of State succession issues arising in the context of international investment law. The author examines whether a successor State is bound by the investment treaties and State contracts which the predecessor State had signed with other States and foreign investors before the date of succession. Actors who are called upon to apply rules of State succession in investment arbitration cases will find this book a valuable source of practical guidance with strong theoretical foundations.



Prospects In International Investment Law And Policy


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 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.


Transnational investment involves a variety of actors (States, public and private legal entities, and natural persons) whose relationships are governed by rules and legal instruments belonging to different legal systems. This book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction. It focuses primarily on the network of over 3,000 Bilateral Investment Treaties, international investment contracts, customary international law, the main multilateral treaties, national legislation, international case law and general principles of law. The book, firmly based on State practice, arbitral awards and national decisions, is indispensable to fully appraise the nature and content of the claims of private investors as well as to identify the law applicable in investment arbitration.



The Return Of The Home State To Investor State Disputes


The Return Of The Home State To Investor State Disputes
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Author : Rodrigo Polanco
language : en
Publisher: Cambridge University Press
Release Date : 2019-01-10

The Return Of The Home State To Investor State Disputes written by Rodrigo Polanco 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 2019-01-10 with Law categories.


This book examines the role of home states to investment disputes and questions whether it represents a return to diplomatic protection.



Evolution In Investment Treaty Law And Arbitration


Evolution In Investment Treaty Law And Arbitration
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Author : Chester Brown
language : en
Publisher: Cambridge University Press
Release Date : 2011-11-17

Evolution In Investment Treaty Law And Arbitration written by Chester Brown 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 2011-11-17 with Law categories.


International investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century - and its exponential growth over the last decade - new levels of complexity, uncertainty and substantive expansion are emerging. States continue to enter into investment treaties and the number of investor-State arbitration claims continues to rise. At the same time, the various participants in investment treaty arbitration are faced with increasingly difficult issues concerning the fundamental character of the investment treaty regime, the role of the actors in international investment law, the new significance of procedure in the settlement of disputes and the emergence of cross-cutting issues. Bringing together established scholars and practitioners, as well as members of a new generation of international investment lawyers, this volume examines these developments and provides a balanced assessment of the challenges being faced in the field.



The Changing Practices Of International Law


The Changing Practices Of International Law
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Author : Tanja Aalberts
language : en
Publisher: Cambridge University Press
Release Date : 2018-04-05

The Changing Practices Of International Law written by Tanja Aalberts 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 2018-04-05 with Law categories.


Countering mainstream theories, this book focuses on the expanding institutionalisation of international law.



Stabilization Clauses In International Investment Law


Stabilization Clauses In International Investment Law
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Author : Jola Gjuzi
language : en
Publisher: Springer
Release Date : 2018-12-05

Stabilization Clauses In International Investment Law written by Jola Gjuzi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-05 with Law categories.


This book analyzes the tension between the host state’s commitment to provide regulatory stability for foreign investors – which is a tool for attracting FDI and generating economic growth – and its evolving non-economic commitments towards its citizens with regard to environmental protection and social welfare. The main thesis is that the ‘stabilization clause/regulatory power antinomy,’ as it appears in many cases, contradicts the content and rationale of sustainable development, a concept that is increasingly prevalent in national and international law and which aims at the integration and balancing of economic, environmental, and social development. To reconcile this antinomy at the decision-making and dispute settlement levels, the book employs a ‘constructive sustainable development approach,’ which is based on the integration and reconciliation imperatives of the concept of sustainable development as well as on the application of principles of law such as non-discrimination, public purpose, due process, proportionality, and more generally, good governance and rule of law. It subsequently re-conceptualizes stabilization clauses in terms of their design (ex-ante) and interpretation (ex-post), yielding stability to the benefit of foreign investors, while also mitigating their negative effects on the host state’s power to regulate.