The Application Of Foreign Investment Protection In Times Of Armed Conflict
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The Application Of Foreign Investment Protection In Times Of Armed Conflict
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Author : Petr Stejskal
language : en
Publisher: Springer Nature
Release Date : 2025-08-25
The Application Of Foreign Investment Protection In Times Of Armed Conflict written by Petr Stejskal and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-08-25 with Law categories.
The monograph presents scenarios of situations where foreign investments suffer damage. These model scenarios are based on thorough analysis of real cases, facts from the ground and recent arbitral practice (relating namely to arbitrations against Russia, Syria or Libya). This allows the author, in the next step, to ascertain what rules are applicable to the conduct of states towards foreign investments, but also to demonstrate how they apply in real-case scenarios. In particular, the work identifies and applies to these tailored scenarios relevant norms of international investment law, international humanitarian law and international human rights law. These regimes are relevant for protection of foreign investment, but they differ as to the situations they govern, parties whose conduct they regulate and obligations they stipulate. It is therefore appropriate to analyse in their interconnection how these rules govern typical situations that may arise during armed conflict and what particularly they prescribe. On the basis of application of these rules on the defined scenarios, the monograph focuses on the issue of applicability of investment treaties in occupied territories and on interactions and on the issue of conflict of norms in situations where foreign investments qualify as military objectives.
The Protection Of Foreign Investment In Times Of Armed Conflict
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Author : Jure Zrilic
language : en
Publisher:
Release Date : 2019
The Protection Of Foreign Investment In Times Of Armed Conflict written by Jure Zrilic and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Business & Economics categories.
Foreign investors often sustain injuries during international armed conflicts. This book sets out to explore how effective investment treaty protections really are. It designs an analytical framework that purports to explain and evaluate how effective and appropriate the application of the investment treaty regime is in times of armed conflict.
The Effects Of Armed Conflict On Investment Treaties
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Author : Tobias Ackermann
language : en
Publisher: Cambridge University Press
Release Date : 2022-08-25
The Effects Of Armed Conflict On Investment Treaties written by Tobias Ackermann 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 2022-08-25 with Law categories.
Based on author's thesis (doctoral - Ruhr-Universitèat Bochum, 2020).
International Investment Law And The Law Of Armed Conflict
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Author : Katia Fach Gómez
language : en
Publisher: Springer
Release Date : 2019-08-05
International Investment Law And The Law Of Armed Conflict written by Katia Fach Gómez and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-05 with Law categories.
Assessing the extent to which armed conflict impacts the obligations that states have towards foreign investors and their investments under international investment treaties requires considering a wide range of issues, many of which are systemic in nature. These include substantive and procedural topics, not only with regard to international investment law, but also concerning the law on the use of force, international humanitarian law and human rights law, the law of treaties, the law of state responsibility and the law of state succession.This volume provides an in-depth assessment of the overlap between international investment law and the law of armed conflict by charting the terrain of the multifaceted and complex relationship between these two fields of public international law, fostering debate and offering novel perspectives on the matter.
Investment Law Within International Law
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Author : Freya Baetens
language : en
Publisher: Cambridge University Press
Release Date : 2013-08-01
Investment Law Within International Law written by Freya Baetens 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 2013-08-01 with Law categories.
Developments within various sub-fields of international law influence international investment law, but changes in investment law also have an impact on the evolution of other fields within international law. Through contributions from leading scholars and practitioners, this book analyses specific links between investment law and other sub-fields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and EU law. In particular, this book scrutinises how concepts, principles and rules developed in the context of such sub-fields could inform the content of investment law. Solutions aimed at resolving problems in other settings may provide instructive examples for addressing current problems in the field of investment law, and vice versa. The underlying question is whether key sub-fields of public international law, notably international investment law, are open to cross-fertilisation, or, whether they are evolving further into self-contained regimes.
Investors International Law
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Author : Jean Ho
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-06-03
Investors International Law written by Jean Ho and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-03 with Law categories.
This book is the first book-length analysis of investor accountability under general and customary international law, international human rights law, international environmental law, international humanitarian law, as well as international investment law. International investment law is currently facing growing criticisms for its failure to address corruption, abuse, environmental damage, and other forms of investor misconduct. Reform initiatives range from the rejection of international law as a governing regime for investors, to the dramatic overhaul of investment treaties that supposedly enable investor overprotection, to the creation of a multilateral international instrument that would enable the litigation of claims against errant businesses before an international tribunal. Whether these initiatives succeed in disciplining investors remains to be seen. What these initiatives undeniably show however, is that change is warranted to counteract this lopsided investors' international law. Each chapter in the book addresses a different and underexplored dimension of investor accountability, thus offering a novel and consolidated study of international law. The book will be of immense assistance to legal practitioners, academics and policy makers involved in the design, drafting, application and reform of various international instruments addressing investor accountability.
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.
Yearbook Of International Humanitarian Law Volume 25 2022
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Author : Heike Krieger
language : en
Publisher: Springer Nature
Release Date : 2024-01-01
Yearbook Of International Humanitarian Law Volume 25 2022 written by Heike Krieger and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-01 with Law categories.
Volume 25 of the Yearbook of International Humanitarian Law (IHL) sheds light on the interplay between IHL and other adjacent branches of international law. This Volume moves beyond the traditional preoccupation of examining IHL’s relations with international human rights law, the law on the use of force and international criminal law. Authors were invited to discuss, both in general and specific terms, doctrinally and theoretically, interactions between IHL and other neighbouring frameworks. Accordingly, this Volume is dedicated to exploring the interrelationship between IHL and other adjacent frameworks, such as international environmental law, international investment law, the law on defences to state responsibility, and counter-terrorism law. The Volume contains four articles dedicated to the subject of IHL and neighbouring frameworks. The Volume further features a Focus section on IHL controversies arising from Russia’s aggression against Ukraine, and ends, as usual, with a Year in Review section. The Yearbook of International Humanitarian Law is a leading annual publication devoted to the study of international humanitarian law. The Yearbook has always strived to be at the forefront of the debate of pressing doctrinal questions of IHL, and will continue to do so in the future. As this Volume demonstrates, it offers a space where IHL-related issues can be explored both from a doctrinal and a theoretical perspective. It provides an international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers, and students.
The Authority Of The International Committee Of The Red Cross
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Author : Linus Jannek Mührel
language : en
Publisher: BRILL
Release Date : 2024-02-12
The Authority Of The International Committee Of The Red Cross written by Linus Jannek Mührel 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.
This book conducts the first ever comprehensive study of the ICRC’s interpretations and law-ascertainments. It analyses in detail their impact on the development of international humanitarian law and international law in general as well as the reasons for their impact. This analysis involves the discussion of the ICRC’s authority. Is it legal or just factual authority? The analysis also illuminates the direction that IHL – and international law in general – develops. This insight sheds light on the question of the current type of international law, i.e., what international law is and who makes it.
Arbitration As Balanced Administration Of Justice
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Author : Massimo Benedettelli
language : en
Publisher: BRILL
Release Date : 2024-08-05
Arbitration As Balanced Administration Of Justice written by Massimo Benedettelli and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-05 with Law categories.
Arbitration is adjudication and, like any form of adjudication, it must ensure justice to parties. Justice requires that in settling disputes arbitrators constantly balance the opposing interests of the parties and the different legal systems relevant to the resolution of the dispute from time to time at hand. This book addresses such issues by looking at the different stages of arbitration: from the selection of the arbitral seat to the definition of jurisdictional limits, from the choice of applicable law to the revision of arbitral awards. The book collects essays by colleagues and friends of Piero Bernardini, a leading practitioner of international arbitration who was a champion in achieving balance in the administration of justice through arbitration.