Stabilization And Renegotiation Clauses In State Contracts National Law And Investment Treaties
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Stabilization And Renegotiation Clauses In State Contracts National Law And Investment Treaties
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Author : Abdallah Ali
language : en
Publisher: BRILL
Release Date : 2024-02-12
Stabilization And Renegotiation Clauses In State Contracts National Law And Investment Treaties written by Abdallah Ali and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-12 with Law categories.
How do host states and foreign investors balance the need for legal stability and regulatory flexibility in the complex world of international investment, against the backdrop of an ever-evolving global economy? This book uncovers unique insights into the delicate balance between legal stability and flexibility. Through in-depth analysis and real-world case studies, Dr. Abdallah Ali unveils the secrets behind stabilization and renegotiation clauses, demystifying their impact on investors, governments, and global trade. With rare access to historical data and illuminating examples, this work is an invaluable resource for legal practitioners, policymakers, and investors navigating the complexities of international investment terrain.
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.
Contract Interpretation In Investment Treaty Arbitration
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Author : Yuliya Chernykh
language : en
Publisher: BRILL
Release Date : 2022-01-17
Contract Interpretation In Investment Treaty Arbitration written by Yuliya Chernykh and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-17 with Law categories.
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
The Taxation Of Petroleum And Minerals
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Author : Philip Daniel
language : en
Publisher: Routledge
Release Date : 2010-04-15
The Taxation Of Petroleum And Minerals written by Philip Daniel and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-04-15 with Business & Economics categories.
Oil, gas and mineral deposits are a substantial part of the wealth of many countries, not least in developing and emerging market economies. Harnessing some part of that wealth for fiscal purposes is critical for economic development: in few areas of economic life are the returns to good policy so large, or mistakes so costly.
International Investment Law
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Author : Marc Bungenberg
language : en
Publisher:
Release Date : 2015
International Investment Law written by Marc Bungenberg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Investments, Foreign categories.
International investment law is a subject of growing importance and complexity. Anyone interested in international investment law will appreciate the comprehensive, thoughtful and detailed exploration of this area which this distinguished group of German scholars have provided.
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.
Stability And Legitimate Expectations In International Energy Investments
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Author : Rahmi Kopar
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-08-12
Stability And Legitimate Expectations In International Energy Investments written by Rahmi Kopar and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-12 with Law categories.
This book assesses stability guarantees through the lens of the legitimate expectations principle to offer a new perspective on the stability concept in international energy investments. The analysis of the interaction between the concepts of stability and legitimate expectations reveals that there are now more opportunities for energy investors to argue their cases before arbitral tribunals. The book offers detailed analyses of the latest energy investment arbitral awards from Spain, Italy and the Czech Republic, and reflects on the state of the art of the legitimate expectations debate and its relationship with the stability concept. The author argues that, in order to achieve stability, the legitimate expectations principle should be employed as the main investment protection tool when a dispute arises on account of unilateral host state alterations. This timely work will be useful to both scholars and practitioners who are interested in international energy law, investment treaty arbitration, and international investment law.
International Protection Of Investments
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Author : August Reinisch
language : en
Publisher: Cambridge University Press
Release Date : 2020-06-30
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 2020-06-30 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.
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.