Author: Roberto Echandi
Publisher: Cambridge University Press
ISBN: 1107035864
Category : Law
Languages : en
Pages : 495

Get Book Here

Book Description
Addresses the most central debates in contemporary investment law and policy.

Author: Alexander W. Resar
Publisher: BRILL
ISBN: 9004390596
Category : Law
Languages : en
Pages : 95

Get Book Here

Book Description
In Investor State Arbitration In A Changing World Order, the authors examine the sustained worldwide challenges to investor state arbitration arising from across the political spectrum. These challenges have led to extensive and thoughtful proposals for reform from the international arbitration community, domestic lawmakers, and international bureaucrats. These reforms play an important role in the continuous evolution of investor state arbitration, and will enhance the quality of justice rendered. However, the authors argue, these reforms are insufficient to resolve the domestic political challenges that investor state arbitration faces. Only political solutions that justify for broad populations the international flow of capital and the independent resolution of disputes arising therefrom can preserve the institution of investor state arbitration. Absent the more equitable distribution of the benefits associated with the international flow of capital, political support for investor state arbitration will remain tenuous, notwithstanding the significant de-escalatory benefits investor state arbitration offers.

Author: Mavluda Sattorova
Publisher: Bloomsbury Publishing
ISBN: 1509901981
Category : Law
Languages : en
Pages : 362

Get Book Here

Book Description
Traditionally, international investment law was conceptualised as a set of norms aiming to ensure good governance for foreign investors, in exchange for their capital and know-how. However, the more recent narratives postulate that investment treaties and investor–state arbitration can lead to better governance not just for foreign investors but also for host state communities. Investment treaty law can arguably foster good governance by holding host governments liable for a failure to ensure transparency, stability, predictability and consistency in their dealings with foreign investors. The recent proliferation of such narratives in investment treaty practice, arbitral awards and academic literature raises questions as to their juridical, conceptual and empirical underpinnings. What has propelled good governance from a set of normative ideals to enforceable treaty standards? Does international investment law possess the necessary characteristics to inspire changes at the national level? How do host states respond to investment treaty law? The overarching objective of this monograph is to unpack existing assumptions concerning the effects of international investment law on host states. By combining doctrinal, empirical, comparative analysis and unveiling the emerging 'nationally felt' responses to international investment norms, the book aims to facilitate a more informed understanding of the present contours and the nature of the interplay between international investment norms and national realities.

Author: Chester Brown
Publisher: Cambridge University Press
ISBN: 1139503618
Category : Law
Languages : en
Pages : 747

Get Book Here

Book Description
International investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century - and its exponential growth over the last decade - new levels of complexity, uncertainty and substantive expansion are emerging. States continue to enter into investment treaties and the number of investor-State arbitration claims continues to rise. At the same time, the various participants in investment treaty arbitration are faced with increasingly difficult issues concerning the fundamental character of the investment treaty regime, the role of the actors in international investment law, the new significance of procedure in the settlement of disputes and the emergence of cross-cutting issues. Bringing together established scholars and practitioners, as well as members of a new generation of international investment lawyers, this volume examines these developments and provides a balanced assessment of the challenges being faced in the field.

Author: Alan M. Anderson
Publisher: Kluwer Law International B.V.
ISBN: 9403518103
Category : Law
Languages : en
Pages : 454

Get Book Here

Book Description
Investor-State disputes are increasing and damage awards are often significant. It is thus no surprise that the investor-State dispute settlement (ISDS) system has come under scrutiny. Perceptions have arisen that ISDS is inconsistent, lacks transparency, and is simply unfair. This book delves into the ongoing worldwide debate and discussions regarding the ISDS system. Drawing contributors from around the world, the authors provide insights on critical topics and address the key question facing the ISDS system and the international community it serves: Should the present ISDS system be reformed, replaced, or simply remain as is? The contributors represent points of view ranging from academia to practice to governmental entities, addressing such topics as: the possible consequences of wholesale replacement or elimination of the current ISDS system; mediation as an alternative to resolve ISDS disputes; the creation of a multinational investment court or appellate review mechanism; lack of an early dismissal mechanism to eliminate meritless claims; issues regarding arbitrators, including their appointment and ethical obligations; how investors may retain their right to pursue claims for violations of investment protection following termination of an agreement; a State’s right to assert a counterclaim against an investor-claimant; the role of ISDS in promoting and protecting renewable energy production; the liability of State-controlled entities; the effects and implications of third-party funding; the duty to mitigate damages in the light of excessive damages awards; and improvements and issues relating to post-award enforcement, duration, and cost of ISDS. This book considers the ongoing deliberations and reform measures proposed by UNCITRAL’s Working Group III and provides insights into how several geographic regions and economic cooperation areas have sought to address the question of reform of the ISDS system, including the European Union, the Middle East, and the new United States-Mexico-Canada Agreement. With its much-needed and deeply informed balancing of investor and State rights and duties, this book will be welcomed by all who practise in the ISDS field, including arbitrators, State governments and non-governmental organizations, regional economic organizations, and international investors.

Author: Caroline Henckels
Publisher: Cambridge University Press
ISBN: 1107087902
Category : Law
Languages : en
Pages : 265

Get Book Here

Book Description
Caroline Henckels examines how investment tribunals should balance competing state and investor interests in determining state liability in regulatory disputes.

Author: Marion Jansen
Publisher: Cambridge University Press
ISBN: 1107144906
Category : Law
Languages : en
Pages : 417

Get Book Here

Book Description
Containing contributions from both academic experts and practitioners, and from economic and legal experts, this book explores the use of economics in international economic law.

Author: Jürgen Kurtz
Publisher: Cambridge University Press
ISBN: 1107009707
Category : Law
Languages : en
Pages : 327

Get Book Here

Book Description
Jürgen Kurtz provides a theoretically grounded and doctrinally tractable framework to understand the relationship between international trade and investment law.

Author: Emmanuel Gaillard
Publisher: Juris Publishing, Inc.
ISBN: 1929446616
Category : Law
Languages : en
Pages : 16

Get Book Here

Book Description

Author: Stephan W. Schill
Publisher: Cambridge University Press
ISBN: 0521762367
Category : Law
Languages : en
Pages : 491

Get Book Here

Book Description
The book argues that international investment law is a structured body of law based on uniform principles of investment protection.