The Backlash Against Investment Arbitration
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The Backlash Against Investment Arbitration
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Author : Michael Waibel
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01
The Backlash Against Investment Arbitration written by Michael Waibel 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 2010-01-01 with Law categories.
"This book, the outgrowth of a conference organized by the editors at Harvard Law School on April 19, 2008, aims to uncover the drivers behind the backlash against the current international investment regime."--Library of Congress Online Calalog.
The Legitimacy Of Investment Arbitration
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Author : Daniel Behn
language : en
Publisher: Cambridge University Press
Release Date : 2022-01-13
The Legitimacy Of Investment Arbitration written by Daniel Behn 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 2022-01-13 with Law categories.
A rigorous and empirically-based analysis of the legitimacy challenges facing investment arbitration and the potential for reforms to remedy critique.
Arbitration Costs
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Author : Susan D. Franck
language : en
Publisher: Oxford University Press
Release Date : 2019-03-26
Arbitration Costs written by Susan D. Franck 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 2019-03-26 with Law categories.
Investment treaty arbitration (sometimes called investor-state dispute settlement or ISDS) has become a flashpoint in the backlash against globalization, with costs becoming an area of core scrutiny. Yet "conventional wisdom" about costs is not necessarily wise. To separate fact from fiction, this book tests claims about investment arbitration and fiscal costs against data so that policy reforms can be informed by scientific evidence. The exercise is critical, as investment treaties grant international arbitrators the power to order states-both rich and poor-to pay potentially millions of dollars to foreign investors when states violate the international law commitments made in the treaties. Meanwhile, the cost to access and defend the arbitration can also climb to millions of dollars. This book uses insights drawn from cognitive psychology and hard data to explore the reality of investment treaty arbitration, identify core demographics and basic information on outcomes, and drill down on the costs of parties' counsel and arbitral tribunals. It offers a nuanced analysis of how and when cost-shifting occurs, parses tribunals' rationalization (or lack thereof) of cost assessments, and models the variables most likely to predict costs, using data to point the way towards evidence-based normative reform. With an intelligent interdisciplinary approach that speaks to ongoing reform at entities like the World Bank's ICSID and UNCITRAL, this book provides the most up-to-date study of investment treaty dispute settlement, offering new insights that will shape the direction of investment treaty and arbitration reform more broadly.
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.
Ceta S Investment Chapter
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Author : Kriton Dionysiou
language : en
Publisher: Springer Nature
Release Date : 2021-01-31
Ceta S Investment Chapter written by Kriton Dionysiou and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-31 with Law categories.
This book provides a comprehensive account of the CETA Investment Chapter’s ability to overcome the legitimacy crisis facing investment arbitration. To do so, it first examines the root causes behind the legitimacy crisis, ultimately arguing that it reflects a fundamental rule of law crisis within investment arbitration. In particular, it asserts that the normative standpoints of the legitimacy crisis form part of the rule of law, the uniting legal principle from which the legitimacy concerns stem. The book contends that the rule of law is not only the principal normative and causal assumption on which the legitimacy concerns are based, but that it could also be utilized as a platform to evaluate the investment arbitration mechanism in CETA's Investment Chapter. Based on this, the book evaluates CETA's Investment Chapter through the rule of law framework in order to provide a convincing account of the latter's ability to overcome the legitimacy crisis facing investment arbitration. It concludes that CETA's Investment Chapter is unlikely to completely solve the legitimacy crisis simply because it is just a patchwork of reforms rather than a comprehensive reinvention of the substantive and procedural law of investment arbitration. Lastly, the book offers meaningful insights into the way the challenges presented by investment arbitration should be addressed. The book is intended for academics researching international investment law and arbitration as well as for policy-makers focusing on reforming investor-state dispute settlement.
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.
Investor State Arbitration
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Author : Christopher F. Dugan
language : en
Publisher: Oxford University Press
Release Date : 2011-11-25
Investor State Arbitration written by Christopher F. Dugan 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 2011-11-25 with Law categories.
Investor-State Arbitration describes the increasing importance of international investment and the necessary development of a new field of international law that defines the obligations of host states and creates procedures for resolving disputes. The authors examine the international treaties that allow investors to proceed with the arbitration of their claims, describe the most-commonly employed arbitration rules, and set forth the most important elements of investor-State arbitration procedure - including tribunal composition, jurisdiction, evidence, award, and challenge of annulment. The authors trace the evolution and rapid development of the field of international investment, including the formation of the International Center for the Settlement of Investment Disputes (ICSID), and the more than 2,000 bilateral investment treaties, most of which were entered into in the last twenty years. The authors explain how this development has led to far greater certainty for foreign investors in dealing with their host countries, as well as how it has incentivized growth in international trade and commerce.
Transparency In International Law
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Author : Andrea Bianchi
language : en
Publisher: Cambridge University Press
Release Date : 2013-11-07
Transparency In International Law written by Andrea Bianchi 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 2013-11-07 with Law categories.
While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.
Shifting Paradigms In International Investment Law
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Author : Steffen Hindelang
language : en
Publisher: Oxford University Press
Release Date : 2016-01-22
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 2016-01-22 with Law categories.
International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.