The Foundations Of International Investment Law
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The Foundations Of International Investment Law
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Author : Zachary Douglas
language : en
Publisher: OUP Oxford
Release Date : 2014-05-01
The Foundations Of International Investment Law written by Zachary Douglas and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-01 with Law categories.
International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.
The Foundations Of International Investment Law
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Author : Zachary Douglas
language : en
Publisher: Oxford University Press
Release Date : 2014-02
The Foundations Of International Investment Law written by Zachary Douglas 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 2014-02 with Law categories.
Bringing together conceptual theories of international investment law with the practical application of the law in treaty arbitration, this book investigates the key controversies in the field. It provides a detailed examination of how a different theoretical approach would have led to a different outcome in a number of important arbitral awards.
Principles Of International Investment Law
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Author : Rudolf Dolzer (jurist)
language : en
Publisher: Oxford University Press
Release Date : 2012-11-15
Principles Of International Investment Law written by Rudolf Dolzer (jurist) 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 2012-11-15 with Business & Economics categories.
This book provides an ideal introduction to the fundamentals of international investment law and dispute settlement for students or practitioners. It combines a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals.
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.
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.
Drawing on State practice, arbitral awards and national decisions, this book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction.
Foundations Of International Economic Law
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Author : David Collins
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019-12-27
Foundations Of International Economic Law written by David Collins 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 2019-12-27 with Law categories.
This introductory textbook explores the key legal principles and institutions that underpin the global economy. Featuring discussion of the economic rationale and social impact of the various legal regimes, Professor David Collins explores the four main pillars in international economic law: international trade, international investment, monetary relations, and development.
International Investment Law And The Right To Regulate
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Author : Lone Wandahl Mouyal
language : en
Publisher: Routledge
Release Date : 2016-03-10
International Investment Law And The Right To Regulate written by Lone Wandahl Mouyal and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-10 with Business & Economics categories.
The book considers the ways in which the international investment law regime intersects with the human rights regime, and the potential for clashes between the two legal orders. Within the human rights regime states may be obligated to regulate, including a duty to adopt regulation aiming at improving social standards and conditions of living for their population. Yet, states are increasingly confronted with the consequences of such regulation in investment disputes, where investors seek to challenge regulatory interferences for example in expropriation claims. Regulatory measures may for instance interfere with the investment by imposing conditions on investors or negatively affecting the value of the investment. As a consequence, investors increasingly seek to challenge regulatory measures in international investment arbitration on the basis of a bilateral investment treaty. This book sets out the nature and the scope of the right to regulate in current international investment law. The book examines bilateral investment treaties and ICSID arbitrations looking at the indicative parameters that are granted weight in practice in expropriation claims delimiting compensable from non-compensable regulation. The book places the potential clash between the right to regulate and international investment law within a theoretical framework which describes the stability-flexibility dilemma currently inherent within international law. Lone Wandahl Mouyal goes on to set out methods which could be employed by both BIT-negotiators and adjudicators of investment disputes, allowing states to exercise their right to regulate while at the same time providing investors with legal certainty. The book serves as a valuable tool, an added perspective, for academics as well as for practitioners dealing with aspects of international investment law.
International Investment Law And Comparative Public Law
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Author : Stephan W. Schill
language : en
Publisher: Oxford University Press
Release Date : 2010-10-14
International Investment Law And Comparative Public Law written by Stephan W. Schill 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 2010-10-14 with Law categories.
International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.
The International Law On Foreign Investment
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Author : M. Sornarajah
language : en
Publisher: Cambridge University Press
Release Date : 2017-08-24
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 2017-08-24 with Law categories.
Presenting international foreign investment law in historical, political and economic contexts, this book embraces all recent developments.
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.