NAFTA and the Energy Charter Treaty:Compliance With, Implementation and Effectiveness of International Investment Agreements PDF Download
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Author: Mirian Omalu
Publisher: Kluwer Law International B.V.
ISBN: 9041110763
Category : Law
Languages : en
Pages : 322
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Book Description
The North American Free Trade Agreement (NAFTA) and the Energy Charter Treaty (ECT) are the first major multilateral treaties to impose obligations on governments concerning the protection and treatment of foreign investments. These obligations are enforceable by private companies. NAFTA and the ECT examines the effectiveness of the investment rules of these treaties and analyses the mechanisms adopted to enhance compliance, and to facilitate the implementation and enforcement of the relevant rules and regulations. Coverage of this work includes: a conceptual analysis of the precise meaning and theoretical foundation of compliance, implementation, and effectiveness; an examination of issues of direct effect and direct international responsibility in terms of the practical question of the treaties' impact on the domestic regimes of states; an exploration of the issues of transparency and monitoring to achieve enhanced compliance; and a close look at a number of key links in the field andndash; between the investment rules and the workings of national legal and governmental systems, between national and international law, between different disciplines involved (international law, international relations, international politics, and economics), and between transparency and compliance monitoring. NAFTA and the ECT also offers several helpful features, including results from a questionnaire-based survey circulated to the main players in the realm of foreign investment which offer unique insights on the prevalent perception of the industry towards NAFTA and the ECT; and original suggested provisions and frameworks which would enhance the effectiveness of the investment rules. The thought-provoking issues probed and conclusions reached and the interdisciplinary and comparative approach taken make NAFTA and the ECT a compelling new resource for academics, policymakers, and others interested in the effectiveness of international investment agreements and the tools employed in their implementation and enforcement.
Author: Mirian Omalu
Publisher: Kluwer Law International B.V.
ISBN: 9041110763
Category : Law
Languages : en
Pages : 322
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Book Description
The North American Free Trade Agreement (NAFTA) and the Energy Charter Treaty (ECT) are the first major multilateral treaties to impose obligations on governments concerning the protection and treatment of foreign investments. These obligations are enforceable by private companies. NAFTA and the ECT examines the effectiveness of the investment rules of these treaties and analyses the mechanisms adopted to enhance compliance, and to facilitate the implementation and enforcement of the relevant rules and regulations. Coverage of this work includes: a conceptual analysis of the precise meaning and theoretical foundation of compliance, implementation, and effectiveness; an examination of issues of direct effect and direct international responsibility in terms of the practical question of the treaties' impact on the domestic regimes of states; an exploration of the issues of transparency and monitoring to achieve enhanced compliance; and a close look at a number of key links in the field andndash; between the investment rules and the workings of national legal and governmental systems, between national and international law, between different disciplines involved (international law, international relations, international politics, and economics), and between transparency and compliance monitoring. NAFTA and the ECT also offers several helpful features, including results from a questionnaire-based survey circulated to the main players in the realm of foreign investment which offer unique insights on the prevalent perception of the industry towards NAFTA and the ECT; and original suggested provisions and frameworks which would enhance the effectiveness of the investment rules. The thought-provoking issues probed and conclusions reached and the interdisciplinary and comparative approach taken make NAFTA and the ECT a compelling new resource for academics, policymakers, and others interested in the effectiveness of international investment agreements and the tools employed in their implementation and enforcement.
Author: Rudolf Dolzer
Publisher: Oxford University Press
ISBN: 019267241X
Category : Law
Languages : en
Pages : 582
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Book Description
This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor-State arbitration. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students, scholars, and practitioners alike.
Author: Clarisse Ribeiro
Publisher: Juris Publishing, Incorporated
ISBN: 9781929446940
Category : Arbitration (International law
Languages : en
Pages : 329
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Book Description
Author: Rafael Leal-Arcas
Publisher: Edward Elgar Publishing
ISBN: 1035316285
Category : Law
Languages : en
Pages : 597
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Book Description
This thoroughly revised edition of the Commentary on the Energy Charter Treaty presents a comprehensive overview of the latest trends surrounding this important international agreement. Providing a unique, article-by-article, textual analysis, updated chapters cover the full breadth of topics and developments of the Energy Charter Treaty (ECT), situated in the broader context of international economic law and governance. This edition also offers detailed coverage of the modernization process of the ECT, and carefully analyses important criticisms of the instrument.
Author: Zachary Douglas
Publisher: Cambridge University Press
ISBN: 0521855675
Category : Business & Economics
Languages : en
Pages : 685
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Book Description
This book is a codification of the principles and rules relating to the prosecution of investment claims.
Author: Crina Baltag
Publisher: Kluwer Law International B.V.
ISBN: 9041141901
Category : Law
Languages : en
Pages : 348
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Book Description
The Energy Charter Treaty (ECT) is a multilateral treaty in the energy sector, entered into force in April 1998, which gained worldwide recognition mainly because of its provisions on the promotion and protection of investments. The ECT currently has over 45 contracting parties. Its popularity increased significantly in the last few years following the proliferation of disputes submitted to arbitration under Article 26 of the ECT, while investors became more familiarized with the rights granted by the ECT in respect of their investments. At present, more than 20 disputes between investors and contracting parties have been submitted to arbitration. The requirements of ‘investor’ and ‘investment’ are essential for the benefit of the protection offered by the ECT. The book suggests a comprehensive approach to the notion of ‘investor’. It analyzes the notion of ‘investor’ in an inclusive manner, starting with the concept of Contracting Party to the ECT and its implications in respect of the notion of ‘investor’, going through nationality, permanent residency, dual nationality, companies and other legal entities and shareholders, to the notion of ‘investment’ and its role in defining the concept of ‘investor’ under the ECT. The aim of the book is to shed light on the proper meaning of the notion of ‘investor’ under the ECT, considering the close relationship between the ECT and other treaties such as the ICSID Convention and arbitration rules.
Author: Jeswald W. Salacuse
Publisher: Oxford University Press, USA
ISBN: 0199206058
Category : Business & Economics
Languages : en
Pages : 555
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Book Description
Investment treaties grant protection to foreign investors and are increasingly important in planning, executing and managing international investments. This book explains the nature, history, and significance of investment treaties and their impact on international investors and investments, and governments that are parties to them.
Author: Sanam S. Haghighi
Publisher: Bloomsbury Publishing
ISBN: 1847313787
Category : Law
Languages : en
Pages : 510
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Book Description
This book offers the first comprehensive assessment of the various internal and external measures undertaken by the European Union to guarantee security of oil and gas supply. It sets out and analyses in a coherent and thorough manner those aspects of EU external policy that are relevant in establishing a framework for guaranteeing energy security for the Union. What makes the book unique is that it is the first of its kind to bridge the gap between EU energy and EU external policy. The book discusses EU policy towards the major oil and gas producing countries of Russia, the Mediterranean and the Persian Gulf at the bilateral as well as regional and multilateral level. It brings together not only the dimensions of trade and investment but also other important aspects of external policy, namely development and foreign policy. The author argues that the EU's energy security cannot be achieved through adopting a purely internal approach to energy issues, but that it is necessary to adopt a holistic approach to external policy, covering efficient economic relations as well as development co-operation and foreign policies towards energy producing countries. The book will be a valuable resource for students of EU law, WTO law or international energy law, as well as scholars and practitioners dealing with energy issues.
Author: PROF. DR KAJ. HOBER
Publisher: Oxford University Press, USA
ISBN: 9780199660995
Category : Energy Charter Treaty
Languages : en
Pages : 647
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Book Description
A detailed article-by-article commentary on the Energy Charter Treaty, including coverage and analysis of the Treaty's history, background, jurisprudence, and reference to relationships with other treaties.
Author: Lars Albath
Publisher: Cameron May
ISBN: 1905017022
Category : Electric industries
Languages : en
Pages : 299
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Book Description
