Author: League of Nations
Publisher:
ISBN:
Category : Aliens
Languages : en
Pages : 112

Get Book Here

Book Description

Author: Martins Paparinskis
Publisher: OUP Oxford
ISBN: 0191640239
Category : Law
Languages : en
Pages : 318

Get Book Here

Book Description
Investment protection treaties generally provide for the obligation to treat investments fairly and equitably, even if the wording of the rule and its relationship with the customary international standard may differ. The open-textured nature of the rule, the ambiguous relationship between the vague treaty and equally vague customary rules, and States' interpretations of the content and relationship of both rules (not to mention the frequency of successful invocation by investors) make this issue one of the most controversial aspect of investment protection law. This monograph engages in a comprehensive analysis of the relationship between the international minimum standard and fair and equitable treatment. It provides an original argument about the historical development of the international standard, a normative rationale for reading it into the treaty rules of fair and equitable treatment, and a coherent methodology for establishing the content of this standard. The first part of this book untangles the history of both the international minimum standard and fair and equitable treatment. The second part addresses the normative framework within which the contemporary debate takes place. After an exhaustive review of all relevant sources, it is argued that the most persuasive reading of fair and equitable treatment is that it always makes a reference to customary law. The third part of the book builds on the historical analysis and the normative framework, explaining the content of the contemporary standard by careful comparative human rights analysis.

Author: Andrew Paul Newcombe
Publisher: Kluwer Law International B.V.
ISBN: 9041123512
Category : Political Science
Languages : en
Pages : 644

Get Book Here

Book Description
The book focuses on the substantive protections accorded to investors and investments and on the variations among jurisdictions. Among the many specific issues and topics that arise in the course of the discussion are the following: - problems of transparency and conflict of interest; - the recent growth in IIAs between and among developing nations; - the effect of new model bilateral investment treaties (BITs); - the ability of non-disputing parties to participate in investor-state arbitration; - theories of the interaction of foreign direct investment (FDI) and BITs; - investor-state arbitration as an evasion of public regulatory authority; - the role of investment funds in international investment; - 'fork in the road' provisions; and - institutional versus ad hoc arbitration. International business and other investors will greatly appreciate the in-depth information and insightful guidance in this solidly useful book. It will also be welcomed by jurists and students as a significant milestone in the development of principles in a quickly growing field of practice that is still plagued with inconsistencies.

Author: Christoph Kreutzmueller
Publisher: Cambridge Scholars Publishing
ISBN: 1443882232
Category : Business & Economics
Languages : en
Pages : 302

Get Book Here

Book Description
This is a book about economics and racism: During World War I, the liberal global economic system, based on principles of free trade and most-favored nation treatment and negotiated in gold parities, collapsed for good. The disintegration and collapse of commerce eventually led to racist cleansing, expulsion and mass murder. Against this background, this book offers new perspectives on the racist fault-lines that appeared and deepened in European economies after the end of what was regarded as the Great War. At what point did people start to ostracize their neighbors economically because they thought they were of a different ethnic group? Who decided who was to be excluded? Where did the fault-lines open? Where did the boundaries lie? How were they defined – by law, or by common practice? How much extra time and money were people prepared to spend in order to do ostracize their neighbors? And what did that mean for the economy – and society – as such?

Author: Ioana Tudor
Publisher: OUP Oxford
ISBN: 0191607975
Category : Law
Languages : en
Pages : 1300

Get Book Here

Book Description
The treatment of foreign investors and of their investments on the territory of a host State is often subject to a bilateral investment treaty (BIT) signed by the national State of the investors and the host State. These BITs usually contain a clause in which the two States offer fair and equitable treatment (FET) to the foreign investors on their territory. Moreover, this clause has become a norm of customary law, implying that investors may rely on it even outside the context of the BIT. Foreign investors whose rights under this clause have not been respected may bring the State in front of an international tribunal. This book analyses not only the conventional and customary framework se the FET clause but also its scope and all its applications in the existing case law. This book tackles the standard of fair and equitable treatment by applying four conceptual frames: the legal basis of FET, its nature as a standard, its content and finally the implications of its breach. The first two chapters explore the two classical sources of international law as possible sources for FET. The main sources of FET lie in a rich conventional framework, mainly bilateral and regional. Yet the high number of BITs does not appear to offer a uniform model of FET clauses, quite the opposite; the book offers a classification of the FET clauses found in more than 400 BITs. Having concluded that the conventional framework is essential to FET, the book turns to the examination of the possible customary character of FET and argues that the view equating FET with the International Minimum Standard is erroneous and it limits the scope of FET. Alternatively, it suggests that the FET standard is an independent standard of customary nature. Then the book looks at the nature of FET, that of being a standard and retains three direct consequences for its meaning: its flexibility, the absence of a fixed content and its evolutionary character. With these three characteristics in mind, it proceeds to the third conceptual framework, the content of FET. Although no fixed content may be given to it, it identifies and develops each one of those situations in which the FET standard has already been applied. Finally, the last conceptual framework aims at discussing the final act of a FET claim, i.e. the amount of compensation awarded. It argues that FETis a standard which balances the interests and behaviours of both the States and the investors, at the stage of compensation.

Author: Madeleine Lynch Dungy
Publisher: Cambridge University Press
ISBN: 1009308882
Category : Business & Economics
Languages : en
Pages : 335

Get Book Here

Book Description
The First World War transformed the legal and geopolitical framework for international trade by decentring Europe in global markets. Order and Rivalry traces the formation and development of multilateral trade structures in the aftermath of the First World War in response to the marginalization of Europe in the world economy, the use of private commerce as a tool of military power and the collapse of empires across Central and Eastern Europe. In this accessible study, Madeleine Lynch Dungy highlights the 1920s as a pivotal transition phase between the network of bilateral trade treaties that underpinned the first globalization of the late nineteenth century and the institutionalised regime of international governance after 1945. Focusing on the League of Nations, she shows that this institution's legacy was not to initiate a linear forward march towards today's World Trade Organization, but rather to frame an open-ended and conflictual process of experimentation that is still ongoing.

Author: Peter Becker
Publisher: Oxford University Press, USA
ISBN: 0198854684
Category : Europe, Central
Languages : en
Pages : 417

Get Book Here

Book Description
A pioneering regional approach to the study of international order in Central Europe following the dissolution of the Habsburg Empire, and the subsequent creation of the League of Nations.

Author: United States. Department of State
Publisher:
ISBN:
Category : United States
Languages : en
Pages : 1176

Get Book Here

Book Description

Author: United States. Department of State
Publisher:
ISBN:
Category : United States
Languages : en
Pages : 1096

Get Book Here

Book Description

Author: United States. Congress. House. Foreign Affairs
Publisher:
ISBN:
Category :
Languages : en
Pages : 66

Get Book Here

Book Description