The Impact Of Investment Treaties On Contracts Between Host States And Foreign Investors


The Impact Of Investment Treaties On Contracts Between Host States And Foreign Investors
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The Impact Of Investment Treaties On Contracts Between Host States And Foreign Investors


The Impact Of Investment Treaties On Contracts Between Host States And Foreign Investors
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Author : Jan Ole Voss
language : en
Publisher: BRILL
Release Date : 2010-12-10

The Impact Of Investment Treaties On Contracts Between Host States And Foreign Investors written by Jan Ole Voss and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-10 with Law categories.


In the field of investment treaty arbitration, the co-existence of contracts and treaties has generated an increasingly divided jurisprudence on central aspects of treaty interpretation. This book comprehensively examines the legal problems surrounding the relationship of these two instruments.



The Impact Of Investment Treaties On Contracts Between Host States And Foreign Investors


The Impact Of Investment Treaties On Contracts Between Host States And Foreign Investors
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Author : Jan Ole Voss
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2010-12-10

The Impact Of Investment Treaties On Contracts Between Host States And Foreign Investors written by Jan Ole Voss 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 2010-12-10 with Law categories.


In the field of investment treaty arbitration, the co-existence of contracts and treaties has generated an increasingly divided jurisprudence on central aspects of treaty interpretation. This book comprehensively examines the legal problems surrounding the relationship of these two instruments. ?????



International Investment Law


International Investment Law
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Author : Arnaud de Nanteuil
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-02-28

International Investment Law written by Arnaud de Nanteuil 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 2020-02-28 with Law categories.


This comprehensive book provides a complete overview of the international legal system of foreign investment protection, synthesising material from treaties, general international law, contracts and case law to demonstrate a coherent system of investment protection. Through this systematic approach, the book considers all aspects of the discipline, providing a thorough and accessible analysis.



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.



Improving International Investment Agreements


Improving International Investment Agreements
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Author : Armand De Mestral
language : en
Publisher: Routledge
Release Date : 2013-02-11

Improving International Investment Agreements written by Armand De Mestral and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-11 with Law categories.


This book presents the reflections of a group of researchers interested in assessing whether the law governing the promotion and protection of foreign investment reflects sound public policy. Whether it is the lack of "checks and balances" on investor rights or more broadly the lack of balance between public rights and private interests, the time is ripe for an in-depth discussions of current challenges facing the international investment law regime. Through a survey of the evolution in IIA treaty-making and an evaluation from different perspectives, the authors take stock of developments in international investment law and analyze potential solutions to some of the criticisms that plague IIAs. The book takes a multidisciplinary approach to the subject, with expert analysis from legal, political and economic scholars. The first part of the book traces the evolution of IIA treaty-making whilst the other three parts are organised around the concepts of efficiency, legitimacy and sustainability. Each contributor analyzes one or more issues related to substance, treaty negotiation, or dispute resolution, with the ultimate aim of improving IIA treaty-making in these respects. Improving International Investment Agreements will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.



International Investment Law And Development


International Investment Law And Development
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Author : Stephan W. Schill
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-12-18

International Investment Law And Development written by Stephan W. Schill 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 2015-12-18 with LAW categories.


International investment law has often been seen as an obstacle to sustainable development. While the connections between investment and development are plain, for a long time there has been relatively little scholarship exploring them. Combining critical reflection and detailed analysis, this book addresses the relationship between contemporary investment law and development. The book is organized around two competing visions of investment and development - as working either harmoniously or in conflict with one another. The expert contributors reflect on both of these views and analyse the social dimensions of development and its impact on investment law. Coverage includes in-depth discussion on such issues as human rights, poverty reduction, labor standards, and indigenous peoples. Students and scholars of international investment law will benefit from the informed analysis of the links between investment and development. This book will also be of use to practitioners and experts of development law who are looking for an up-to-date perspective of the field.



The Impact Of Investment Treaty Law On Host States


The Impact Of Investment Treaty Law On Host States
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Author : Mavluda Sattorova
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-02-08

The Impact Of Investment Treaty Law On Host States written by Mavluda Sattorova and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-08 with Law categories.


1. Introduction I. International Investment Law: From Good Governance for Foreign Investors to Good Governance for All II. Conceptual Framework III. Outline of Chapters 2. Genesis of 'Good Governance' Narratives in International Investment Law and Scholarship: An Historical and Doctrinal Analysis I. Conceptual Inspirations behind the Good Governance Narratives of Investment Treaty Law II. Embodiments of Good Governance Precepts in Investment Treaty Law III. Competing Visions of Investment Treaty Law and its Good Governance Promise IV. Conclusion 3. How Do Host States Respond to Investment Treaty Law? I. The Impact of Investment Treaty Law on Governance in Host States: Key Empirical Questions II. Methodology III. Are Government Officials Aware of International Investment Law and its Good Governance Prescriptions? IV. How Host States 'Learn' from Investment Arbitration V. Negative Internalisation: Over-protection and Withdrawal VI. Internalising Investment Treaty Prescriptions: Why, at Whose Behest and What Cost? VII. Conclusion 4. The Role of Remedy Design in Inducing Host States to Comply with Investment Treaty Standards of Good Governance I. Damages as a Principal Form of Relief for an Investment Treaty Breach II. Can State Compliance with Good Governance Standards be Fostered through Monetary Sanctions? III. The Design of Investment Treaty Remedies and State Compliance with Good Governance Standards: A Functional Analysis IV. Compliance and Optimal Remedy Design: Punitive, Non-pecuniary, Multi-tiered? V. Conclusion 5. Investment Treaty Law and its Internal Capacity to Foster Good Governance in Host States I. Is the Investment Treaty Regime Compliant with Good Governance Standards? II. Legitimacy and 'Compliance Pull': (Insufficient) Transparency and Coherence of Investment Treaty Rules and Arbitral Jurisprudence III. Internationalisation of Investment Law and its (Disempowering) Effects on Governance in Host States IV. Good Governance as a Two-way Street: Dealing with Investor Misconduct in Treaty Practice and Arbitration V. Conclusion 6. International Investment Law and its Anti-participatory Animus I. The Investment Treaty Regime and Its Disregard for the Political and Social Interfaces of Development II. Foreign Investors and the Domestic Political Process III. Developing Countries and the Making of International Investment Law: Lack of Participation and Inclusivity IV. Lack of Stakeholder Input in the Making of Investment Treaties in Developed Countries V. Conclusion 7. Conclusion.



General Interests Of Host States In International Investment Law


General Interests Of Host States In International Investment Law
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Author : Giorgio Sacerdoti
language : en
Publisher: Cambridge University Press
Release Date : 2014-05-29

General Interests Of Host States In International Investment Law written by Giorgio Sacerdoti 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 2014-05-29 with Law categories.


Analyses bilateral treaties and regional agreements on foreign investments, focussing particularly on measures taken in the context of economic crises.



Stabilization And Renegotiation Clauses In State Contracts National Law And Investment Treaties


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.



Fair And Equitable Treatment


Fair And Equitable Treatment
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Author : United Nations Conference on Trade and Development
language : en
Publisher:
Release Date : 2012

Fair And Equitable Treatment written by United Nations Conference on Trade and Development and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Discrimination categories.


"In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher.