The Legal Protection Of Foreign Investments Against Political Risk


The Legal Protection Of Foreign Investments Against Political Risk
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The Legal Protection Of Foreign Investments Against Political Risk Japanese Business In The Asian Energy Sector


The Legal Protection Of Foreign Investments Against Political Risk Japanese Business In The Asian Energy Sector
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Author : Thomas Nektarios Papanastasiou
language : en
Publisher: Quid Pro, LLC
Release Date : 2015-08-19

The Legal Protection Of Foreign Investments Against Political Risk Japanese Business In The Asian Energy Sector written by Thomas Nektarios Papanastasiou and has been published by Quid Pro, LLC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-19 with Business & Economics categories.


'The Legal Protection of Foreign Investments Against Political Risk' examines how political risks associated with foreign direct investment in the energy sector are managed or mitigated, and suggests new ways to deal with the possibility of such risk. It applies its analysis-using case studies and international law, and examining actual contracts-to the specific context of foreign investment in five Asian countries' power infrastructure projects. "Legal protection of foreign investments against political risk has been a problem for a long time. Professor Papanastasiou's book brilliantly balances the legitimate regulatory power of host states with legitimate business interests of foreign investors by presenting a neatly designed multi-layered legal framework for political risk management. This is an important contribution to both the study of international investment law and the practice of foreign investment business transactions." - Junji Nakagawa, Professor of International Economic Law, Institute of Social Science, University of Tokyo; Author, International Harmonization of Economic Regulation (Oxford Univ. Press, 2011) "This book is an impressive and important entry into the field of international investment law scholarship. While maintaining a focus on the important Japanese and Asian regions, it also provides a general and up-to-date coverage of relevant international investment law and political risk considerations faced by multinational corporations. It is impressively concise, yet thorough; it is practical, yet takes into account relevant and recent legal scholarship; it is well-written and organized. The ultimate goal is to help foreign investors and their advisors understand the current international investment law framework and climate to enable them to devise strategies to help their clients reduce political risk, and to protect their clients' property rights and investments. This work should be of interest to in-house counsel and international law practitioners, as well as to law students and scholars for its coverage of current international investment law standards, scholarship, and practices." - N. Stephan Kinsella, Attorney, Houston, Texas; Co-author, International Investment, Political Risk, and Dispute Resolution (OUP, 2005) "This study contributes insightfully to the literature on international economics and, in particular, on the laws protecting foreign investment. The book is unique in two ways. First, it analyzes and measures the impact of such multi-tier legal frameworks as FTAs, investment contracts, FDI regulations and insurance by combining legal interpretative tools and scoring techniques. Second, it adds a new narrative on how Japanese business can use law to secure investments from political risks in the energy sector of foreign countries." - Shujiro Urata, Professor of International Economics, Graduate School of Asian Pacific Studies, Waseda University; Co-editor, Economic Consequences of Globalization: Evidence from East Asia (Routledge, 2012)"



Protecting Foreign Investment Under International Law


Protecting Foreign Investment Under International Law
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Author : Paul E. Comeaux
language : en
Publisher:
Release Date : 1997

Protecting Foreign Investment Under International Law written by Paul E. Comeaux and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Country risk categories.


While conditions for foreign investors are generally safer in today's global economy than in previous decades, the issues to consider with regard to political risk go far beyond the obvious. Investors must continue to exercise caution in developing countries or under governments with a history of instability, & even the "safest" countries have certain risks associated with them. The only text available of its kind, this authoritative volume discusses the political risk of expropriation, both direct & indirect, & the various protections that are available under international law to minimize these risks. Plus, detailed references, useful appendices & contact information are provided. Written from the perspective of the practitioner, this text provides: * A review & explanation of the international law regarding political risk * Methods for the investor to reduce exposure to political risk through business structure, contract negotiation, & risk insurance * An explanation of the arbitral, judicial, & political options open to the investor following a taking of the investor's property Topics Covered Include: * International law regarding expropriation * Treaty provisions regarding protection of investment * Contracts with host states * Procuring investment insurance * Diplomacy between the host state & the investor's home state.



Public Actors In International Investment Law


Public Actors In International Investment Law
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Author : Catharine Titi
language : en
Publisher: Springer Nature
Release Date : 2021

Public Actors In International Investment Law written by Catharine Titi 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 with Conflict management categories.


This open access book focuses on public actors with a role in the settlement of investment disputes. Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.



International Investment Political Risk And Dispute Resolution


International Investment Political Risk And Dispute Resolution
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Author : Noah Rubins
language : en
Publisher: Oxford University Press, USA
Release Date : 2020

International Investment Political Risk And Dispute Resolution written by Noah Rubins and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Law categories.


A vital text for practitioners and academics this book integrates the international law of political risk with the domestic, political, and economic considerations central to assessing risk. It offers a detailed analysis of pre-investment decisions that can reduce political risk, treaties protecting investment, and international dispute resolution.



International Investment Political Risk And Dispute Resolution


International Investment Political Risk And Dispute Resolution
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Author : Noah Rubins
language : en
Publisher:
Release Date : 2005

International Investment Political Risk And Dispute Resolution written by Noah Rubins and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with International commercial arbitration categories.


This resource integrates the international law issues of political risk with the domestic, legal, political, and economic considerations central to assessing and managing risk. It offers a comprehensive but straightforward analysis of pre-investment decisions that can reduce political risk, the customary international law of state responsibility, treaties protecting foreign investment, political risk insurance, state immunity, tactics to use to avoid interference with property, and international dispute resolution.



The Three Laws Of International Investment


The Three Laws Of International Investment
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Author : Jeswald W. Salacuse
language : en
Publisher: OUP Oxford
Release Date : 2013-02-14

The Three Laws Of International Investment written by Jeswald W. Salacuse and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-14 with Law categories.


International investments are governed by three different legal frameworks: 1) national laws of both the host country and the investor's home country; 2) contracts, whether between the investor and the host country or among investors and their associates; and 3) international law, consisting of applicable treaties, customs, and general principles of law. Together, these three frameworks profoundly influence the organization, operation, and protection of foreign investments. Investors, government officials, and their legal counsel must therefore understand the complex interaction among these frameworks and how best to employ them to advance their interests. This book examines the content of each of these three legal frameworks for international investment and explores how they influence the foreign investment process and the nature of investment transactions, projects, and enterprises. The book is divided into five parts. Part I, after explaining the contemporary nature and significance of international investment, examines the theoretical and practical links between law and the investment process. Part II explores the nature of national laws regulating foreign investment. Part III considers of the various contractual frameworks for international investments, looking at their negotiation, content, and stability. Part IV sets out the international legal framework governing foreign investment, focusing on the content and nature of investment treaties and on general principles. Finally, Part V discusses how the three legal frameworks interact with each other. By comprehensively examining each of the applicable legal frameworks, this book provides a vital overview of the laws, rules, and regulations governing foreign investment for lawyers, scholars, students, and government officials.



International Investment Protection Of Global Banking And Finance


International Investment Protection Of Global Banking And Finance
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Author : Arif H. Ali
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-09-14

International Investment Protection Of Global Banking And Finance written by Arif H. Ali 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 2021-09-14 with Law categories.


Global banking and finance is a complex and specialized field with sector-specific investment forms, subject to distinctive legal and regulatory frameworks and unique types of political risk. This comprehensive guide to international investment protection in the finance and banking sector, written by acknowledged experts in the field of investor-State arbitration, provides the first in-depth discussion of how international investment law applies to investors and investments in the sector. Featuring expert guidance on the key legal protections for cross-border banking and finance investments, with complete and up-to-date coverage of investor-State cases, the analysis crystallizes a set of field-specific legal principles for the sector. In particular, the authors address the following practical aspects of investment protection in the banking and finance sector: how sector-specific forms of investment, such as loans and derivatives, impact the dispute resolution process; types of political risk that cross-border investments in the sector are likely to encounter; distinctive adverse sovereign measures that underlie disputes in the sector, including those from sovereign debt defaults and banking sector bailouts; specific treaty provisions, such as jurisdictional carve-outs and targeted exclusions; remedies available for violations of international investment protections; how monetary damages may be assessed for injury to banking and finance sector investments; the scope of financial services chapters included in certain free trade agreements; the protections available under domestic foreign investment laws; and alternative sources of protection such as political risk insurance and investment contracts. International disputes practitioners and academics, in-house counsel in the finance and banking industries, and arbitrators addressing banking and finance disputes will welcome this book for its practical guidance. With strategies for investors as well as for sovereign States to navigate the intricacies of the investment protection system, the authors’ comprehensive analysis will help ensure appropriate international protection for banking and finance sector investments, both when establishing investments and when resolving disputes. The book lays the groundwork for the future consolidation of international investment protection as a critical tool to manage the political risk confronting global banking and finance.



Investment Treaty Arbitration And International Law Volume 7


Investment Treaty Arbitration And International Law Volume 7
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Author : Ian A. Laird
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2014-05-01

Investment Treaty Arbitration And International Law Volume 7 written by Ian A. Laird and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-01 with Conflict of laws categories.


Is it Time for a Regime Change? Protecting International Energy Investments against Political Risk. The 2013 seventh annual Juris investment arbitration conference put in issue the special role of international energy projects in the development of investor-state arbitration. It is currently one of the most active sectors of investor-state arbitration. The “facts” of the energy sector therefore are particularly well-developed in international jurisprudence. The similarities in the applicable law of investment protection between the energy sector and other sectors tend to hide from view what our panelists repeatedly uncovered: it is the facts of energy disputes that significantly set them apart. The concerns of sovereign dominion over national energy production and the protection of foreign investors in the energy sector against stranding large investments served as a key point of departure for discussions. The four questions that the Conference addressed include: The Energy Sector, Investment Arbitration and the ECT: Carving out a Special Regime? Energy Contracts and BITS – Is it Fair and Equitable to be Under the Umbrella? Mulitparty Investor Disputes in the Energy Sector – Preclusion, Consolidation or Free-For-All? Measure by Measure? Calculating Damages in Energy Disputes The discussion and debate that followed is provided in this book and sure to be of tremendous value to the international business lawyer, litigation specialist or trade and investment law policy expert.



The Legal Environment And Risks For Foreign Investment In China


The Legal Environment And Risks For Foreign Investment In China
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Author : Shoushuang Li
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-03-08

The Legal Environment And Risks For Foreign Investment In China written by Shoushuang Li and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-03-08 with Law categories.


The Chinese market is appealing, but its legal environment is very complicated and full of nooses that await investors. This book intends to provide an in-depth analysis of the legal environment and its hidden risks for foreign investment. It covers two basic investment modes which are green-field and M and A, and almost all concrete legal issues including political risk, tax, land use rights, labor etc. Among them, three chapters focus on the legal system and its risks for the foreign investment in three special industries as private education, water market and insurance. The detailed analysis is based on the newest laws and regulations.



Investments In Conflict Zones


Investments In Conflict Zones
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Author : Tobias Ackermann
language : en
Publisher: Nijhoff International Investme
Release Date : 2020-12-17

Investments In Conflict Zones written by Tobias Ackermann and has been published by Nijhoff International Investme this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-17 with Business & Economics categories.


Investments in Conflict Zones' addresses the topical and underexplored role of international investment law in armed conflicts, disputed territories, and 'frozen' conflicts. The edited collection explores how these different conflict situations impact the application and interpretation of international investment law and how the protection of investors can be reconciled with the politically charged circumstances and state interests involved. Written by a selected group of experts from different fields of international law, the volume moves beyond the confines of investment law, offering novel insights on its intersection with the law of armed conflict, human rights law, the law of the sea, general international law and national laws, including those adopted by de facto regimes which lack recognition as states.