The Right To Regulate In International Investment Law
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The Right To Regulate In International Investment Law
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Author : Aikaterini Titi
language : en
Publisher:
Release Date : 2014-04-30
The Right To Regulate In International Investment Law written by Aikaterini Titi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-30 with Capital investments categories.
La 4e de couverture indique : "Since the inception of the international investment law system, investment promotion and protection have been the raison d'être of investment treaties and states have confined their policy space in order to attract foreign investment and protect their investors abroad. Languishing in relative obscurity until recently, the right to regulate has gradually come to the spotlight as a key component of negotiations on new generation investment agreements around the globe. States and regional organisations, including, notably, the European Union and the United States, have started to examine ways in which to safeguard their regulatory power and guide - and delimit - the interpretive power of arbitral tribunals, by reserving their right to pursue specific public policy objectives. The monograph explores the status quo of the right to regulate, in order to offer an appraisal and a reference tool for treatymakers, thus contributing to a better understanding of the concept and the broader discourse on how to enhance the investment law system's legitimacy."
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.
The Right Of States To Regulate In International Investment Law
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Author : Yulia Levashova
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-07-18
The Right Of States To Regulate In International Investment Law written by Yulia Levashova 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 2019-07-18 with Law categories.
Due to the ongoing recent expansion of public interest issues worldwide, the state’s right to regulate has been recaptured as a prominent concept in international investment law. The fair and equitable treatment (FET) standard provision in the text of an international investment agreement (IIA) has become a detailed clause clarifying the specific obligations of a state towards an investor under the FET standard. However, striking the right balance between the interests of host states and investors in these new treaty formulations has proved to be challenging. This book greatly clarifies the field by offering the in-depth analysis of the application of the state’s right to regulate in relation to FET standard provisions in IIAs and to decisions by arbitral tribunals in FET cases. Recognising that the role of tribunals is to balance the state’s public interests and the interests of the investor when interpreting and applying the FET standard, the author pursues such seminal issues and topics as the following: the legitimacy of the objective of the state’s measure; obligations and responsibilities of investors towards a host state; the nature and impact of a change to a national regulatory framework; special economic and sociopolitical circumstances in a host state; and due diligence and risk assessment as a condition for the protection of an investor’s legitimate expectations. Multiple IIAs concluded by the OECD Member States, as well by Russia and China between the developing countries, and the prominent investment law cases on the FET standard are examined in detail. The analysis pays particular attention to how investment jurisprudence in FET cases has been reflected in such new IIAs as the Comprehensive Economic and Trade Agreement between the European Union (EU) and Canada (CETA), the EU-Vietnam FTA and the EU-Singapore FTA. These case studies demonstrate the evolution of the IIAs’ FET standard provisions and how they balance the application of the FET standard and the state’s right to regulate. Suggestions are provided for drafting formulations of the FET standard that can contribute to achieving such a balance. In the clear light it sheds on the legal conditions under which states may regulate in the public interest and its contribution to the reforms that are currently taking place in the field of international investment law, this book constitutes an exemplary framework to evaluate investment decisions on the FET standard and the right to regulate. It is sure to prove extremely useful for practitioners who work on investment cases, policymakers involved in negotiating and drafting of IIAs, policy advisors of governmental and non-governmental organisations and academics in international investment law.
The Right To Regulate In International Investment Law
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Author : Catharine Titi
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
The Right To Regulate In International Investment Law written by Catharine Titi and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
Since the inception of the international investment law system, investment promotion and protection have been the raison d'être of investment treaties and states have confined their policy space in order to attract foreign investment and protect their investors abroad. Languishing in relative obscurity until recently, the right to regulate has gradually come to the spotlight as a key component of negotiations on new generation investment agreements around the globe. States and regional organisations, including, notably, the European Union and the United States, have started to examine ways in which to safeguard their regulatory power and guide - and delimit - the interpretive power of arbitral tribunals, by reserving their right to pursue specific public policy objectives. The monograph explores the status quo of the right to regulate, in order to offer an appraisal and a reference tool for treatymakers, thus contributing to a better understanding of the concept and the broader discourse on how to enhance the investment law system's legitimacy.
Indirect Expropriation And The Right To Regulate In International Investment Law
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Author :
language : en
Publisher:
Release Date : 2004
Indirect Expropriation And The Right To Regulate In International Investment Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with categories.
It is a well recognised rule in international law that the property of aliens cannot be taken, whether for public purposes or not, without adequate compensation. Two decades ago, the disputes before the courts and the discussions in academic literature focused mainly on the standard of compensation and measuring of expropriated value. The divergent views of the developed and developing countries raised issues regarding the formation and evolution of customary law. Today, the more positive attitude of countries around the world toward foreign investment and the proliferation of bilateral treaties and other investment agreements requiring prompt, adequate and effective compensation for expropriation of foreign investments have largely deprived that debate of practical significance for foreign investors. Disputes on direct expropriation - mainly related to nationalisation that marked the 70s and 80s -- have been replaced by disputes related to foreign investment regulation ...
Indirect Expropriation And The Right To Regulate In International Investment Law
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Author :
language : en
Publisher:
Release Date : 2004
Indirect Expropriation And The Right To Regulate In International Investment Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with categories.
The Right To Regulate In International Investment Law And The Law Of State Responsibility
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Author : Charalampos Giannakopoulos
language : en
Publisher:
Release Date : 2019
The Right To Regulate In International Investment Law And The Law Of State Responsibility written by Charalampos Giannakopoulos and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
The right of States to regulate for the public interest has been the focus of increased interest in recent years, finding formal recognition in multiple international investment agreements (IIAs). Formal recognition of the right to regulate has largely been considered as a positive development in terms of making IIAs more balanced and giving arbitral tribunals a clear interpretive guidance against restricting the State's regulatory space. That notwithstanding, the right to regulate in international investment law remains somewhat undertheorized. Using Hohfeld's work, the aim of the present contribution is to fill this gap by offering some thoughts, about how the right to regulate operates as a State argument during arbitral proceedings, and about the implications of invoking that right for a State's international responsibility. I argue that it is possible to conceptualise the right to regulate in international investment law in two ways: first, in its default understanding, the right to regulate means that the State has a Hohfeldian legal power, and hence, provides the State with a prima facie justification for actions taken; second, the right to regulate is a Hohfeldian immunity, meaning that the State is either fully justified or excused for acting in a certain way. It is submitted that the two conceptualisations are distinct from each other, and that each one gives rise to different argumentative strategies and different legal considerations in terms of triggering the host State's international responsibility. Finally, I argue that conceptualisations of the right to regulate as a strict entitlement (i.e. a Hohfeldian claim-right) should be viewed with caution.
International Investment Law A Changing Landscape A Companion Volume To International Investment Perspectives
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Author : OECD
language : en
Publisher: OECD Publishing
Release Date : 2005-09-06
International Investment Law A Changing Landscape A Companion Volume To International Investment Perspectives written by OECD and has been published by OECD Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-09-06 with categories.
Presents four studies on international investment law: one on transparency, one on the fair and equitable treatment standard, one on indirect expropriation and the right to regulate, and one on most favoured nation treatment.
International Investment Law
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Author : Surya P Subedi
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-03-21
International Investment Law written by Surya P Subedi and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-21 with Law categories.
'...This book [...] goes beyond stating what the law is and focuses on controversies occurring within this area of the law... an excellent introduction to this complex area of international law for newcomers to the subject' Kate Miles, Australian International Law Journal The updated edition of this acclaimed book offers a critical overview of the law of foreign investment, incorporating a thorough analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives. A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to restrict unduly the right of host governments to implement their public policy on the other, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country. Many of the pioneering ideas that were advanced in the first edition of this book have been taken up by governments and international organisations in their attempts to reform the investor-State dispute settlement mechanism and strike a balance between different competing principles in developing international investment law. Accordingly, this fifth edition captures the essence of the ongoing multiple reform processes – either planned or envisaged – currently underway.
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.