The Bona Fide Investor PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Bona Fide Investor PDF full book. Access full book title The Bona Fide Investor by Simon Foote QC. Download full books in PDF and EPUB format.
Author: Simon Foote QC
Publisher: Kluwer Law International B.V.
ISBN: 9403541903
Category : Law
Languages : en
Pages : 404
Get Book Here
Book Description
International Arbitration Law Library, Volume 63 [IALL-63] Many corporations engage in treaty shopping – or ‘nationality planning’ – to procure investment treaty protection by attainment of a nationality of convenience. This book is the first in-depth exploration of a substantive legal basis by which to assess the bona fides of a corporate investor’s identity in a convenient jurisdiction: i.e., examination of the purpose for which a corporate exists in the ownership structure of the relevant investment. In a comprehensive review of the concept of treaty shopping, the author examines the degree to which manipulation of corporate nationality is consistent with the objects and purposes of the investment treaty regime, and analyses its effect on the legitimacy of investor-state dispute mechanisms. To evaluate a substantive test for a bona fide investor, the book looks to analogous areas of international law such as the law of diplomatic protection and double tax treaties, and reviews in detail the relevance in investment treaty law of such pertinent issues and topics as the following: the concept of separate legal personality; abuse of the corporate form at municipal law; the role of Article 25 of the ICSID Convention; the approach to the nationality of natural persons; the approach to the jurisdictional concept of an ‘investment’; criteria used to connote corporate nationality; the concept of the commercial purpose of the corporate investor claimant; the concept and limits of the principle of abuse of right at international law; and the application of, and the relationship between, the four tenets of Article 31(1) of the Vienna Convention: ordinary meaning, good faith, context, and object and purpose. The effectiveness of substantive criteria presently used to mitigate illegitimate or undesirable treaty shopping are examined and compared with the ‘purpose to exist’ test, and the prospective legal mechanisms that may be utilised to implement a substantive approach are canvassed in detail. This incomparable book brings coherence – and indeed a solution – to the debate about the attribution and use of nationality by corporations in the field of investment treaty law. It is a giant step towards legal certainty as to the need for, and the means by which, limits can be placed on investment treaty jurisdiction for corporate entities. It will be of immense interest to practitioners who advise on jurisdictional issues for clients (whether states or investors) and debate jurisdictional concepts and corporate nationality issues before international tribunals. It will also be a useful resource, and a challenge, to arbitrators regarding the extent to which investment treaty tribunals tolerate manipulation of corporate nationality and circumscribe jurisdiction to protect the legitimacy of the investment treaty system.
Author: Simon Foote QC
Publisher: Kluwer Law International B.V.
ISBN: 9403541903
Category : Law
Languages : en
Pages : 404
Get Book Here
Book Description
International Arbitration Law Library, Volume 63 [IALL-63] Many corporations engage in treaty shopping – or ‘nationality planning’ – to procure investment treaty protection by attainment of a nationality of convenience. This book is the first in-depth exploration of a substantive legal basis by which to assess the bona fides of a corporate investor’s identity in a convenient jurisdiction: i.e., examination of the purpose for which a corporate exists in the ownership structure of the relevant investment. In a comprehensive review of the concept of treaty shopping, the author examines the degree to which manipulation of corporate nationality is consistent with the objects and purposes of the investment treaty regime, and analyses its effect on the legitimacy of investor-state dispute mechanisms. To evaluate a substantive test for a bona fide investor, the book looks to analogous areas of international law such as the law of diplomatic protection and double tax treaties, and reviews in detail the relevance in investment treaty law of such pertinent issues and topics as the following: the concept of separate legal personality; abuse of the corporate form at municipal law; the role of Article 25 of the ICSID Convention; the approach to the nationality of natural persons; the approach to the jurisdictional concept of an ‘investment’; criteria used to connote corporate nationality; the concept of the commercial purpose of the corporate investor claimant; the concept and limits of the principle of abuse of right at international law; and the application of, and the relationship between, the four tenets of Article 31(1) of the Vienna Convention: ordinary meaning, good faith, context, and object and purpose. The effectiveness of substantive criteria presently used to mitigate illegitimate or undesirable treaty shopping are examined and compared with the ‘purpose to exist’ test, and the prospective legal mechanisms that may be utilised to implement a substantive approach are canvassed in detail. This incomparable book brings coherence – and indeed a solution – to the debate about the attribution and use of nationality by corporations in the field of investment treaty law. It is a giant step towards legal certainty as to the need for, and the means by which, limits can be placed on investment treaty jurisdiction for corporate entities. It will be of immense interest to practitioners who advise on jurisdictional issues for clients (whether states or investors) and debate jurisdictional concepts and corporate nationality issues before international tribunals. It will also be a useful resource, and a challenge, to arbitrators regarding the extent to which investment treaty tribunals tolerate manipulation of corporate nationality and circumscribe jurisdiction to protect the legitimacy of the investment treaty system.
Author: SIMON. FOOTE QC
Publisher:
ISBN: 9789403541853
Category :
Languages : en
Pages : 264
Get Book Here
Book Description
International Arbitration Law Library, Volume 63 [IALL-63] Many corporations engage in treaty shopping - or 'nationality planning' - to procure investment treaty protection by attainment of a nationality of convenience. This book is the first in-depth exploration of a substantive legal basis by which to assess the bona fides of a corporate investor's identity in a convenient jurisdiction: i.e., examination of the purpose for which a corporate exists in the ownership structure of the relevant investment. In a comprehensive review of the concept of treaty shopping, the author examines the degree to which manipulation of corporate nationality is consistent with the objects and purposes of the investment treaty regime, and analyses its effect on the legitimacy of investor-state dispute mechanisms. To evaluate a substantive test for a bona fide investor, the book looks to analogous areas of international law such as the law of diplomatic protection and double tax treaties, and reviews in detail the relevance in investment treaty law of such pertinent issues and topics as the following: the concept of separate legal personality; abuse of the corporate form at municipal law; the role of Article 25 of the ICSID Convention; the approach to the nationality of natural persons; the approach to the jurisdictional concept of an 'investment'; criteria used to connote corporate nationality; the concept of the commercial purpose of the corporate investor claimant; the concept and limits of the principle of abuse of right at international law; and the application of, and the relationship between, the four tenets of Article 31(1) of the Vienna Convention: ordinary meaning, good faith, context, and object and purpose. The effectiveness of substantive criteria presently used to mitigate illegitimate or undesirable treaty shopping are examined and compared with the 'purpose to exist' test, and the prospective legal mechanisms that may be utilised to implement a substantive approach are canvassed in detail. This incomparable book brings coherence - and indeed a solution - to the debate about the attribution and use of nationality by corporations in the field of investment treaty law. It is a giant step towards legal certainty as to the need for, and the means by which, limits can be placed on investment treaty jurisdiction for corporate entities. It will be of immense interest to practitioners who advise on jurisdictional issues for clients (whether states or investors) and debate jurisdictional concepts and corporate nationality issues before international tribunals. It will also be a useful resource, and a challenge, to arbitrators regarding the extent to which investment treaty tribunals tolerate manipulation of corporate nationality and circumscribe jurisdiction to protect the legitimacy of the investment treaty system.
Author: William H. Gross
Publisher: Wiley
ISBN: 9780471283256
Category : Business & Economics
Languages : en
Pages : 212
Get Book Here
Book Description
Eine gelungene Mischung aus interessanter Information, Humor und Anekdoten: Dieses Buch vermittelt nicht nur Wissenswertes, sondern es bereitet auch Lesevergnügen! Gross, einer der Top-Finanzmanager, der sich mit der Verfolgung wirtschaftlicher Trends einen Namen gemacht hat, beschreibt hier, wie sich der Geldmarkt der Zukunft wandeln wird: Uns stehen niedrige Zinsen und ein langsames, aber stetiges Wirtschaftswachstum bevor. Dies erfordert ein völlig neues Herangehen an Investitionen mit Schwerpunkt auf dem Rentenmarkt, dem richtigen Aktienpaket und globalisiertem Investment-Portfolio. (06/98)
Author: Rahim Moloo
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
In the late 1990s, investors began bringing claims under international investment treaties seeking compensation for harm caused to their investments by government regulatory measures that were, at least purportedly, aimed at addressing areas of legitimate public interest such as protection of human health or the environment. In response, observers raised concerns about the potential effect on countries' ability to exercise their regulatory powers. Although international arbitral tribunals have spent more than a decade resolving such disputes, questions and concerns remain regarding the relationship between international investment law and public interest regulation. In the municipal context, judicial review of legislative and administrative decisions raises balance of powers concerns and questions about the relative roles and competencies of different government actors. When an international tribunal is the adjudicator, the dynamic is further complicated by concerns about infringements on state sovereignty and the accountability and legitimacy of the tribunal. Such concerns have raised questions about whether tribunals should adopt a deferential standard of review when adjudicating claims relating to public interest regulatory measures. This article assesses the merits of adopting an additive deferential standard of review for adjudication of investment treaty claims relating to public interest regulatory measures. It finds that it is neither necessary nor appropriate for tribunals to adopt an additional deferential standard of review as a general matter (i.e., to govern the overall application of the treaty). The applicable investment treaty standards all contain aspects and terms which involve principles -- requiring the weighing of different interests, as opposed to rules, which require the application of “norms which are always either fulfilled or not.” For this reason, inherent in the treaty standards is a textual basis for according some degree of deference to the ability of the country to regulate in the public interest. As opposed to a general deferential standard that is the same in all cases however, the text, though open-ended in some circumstances, and the evolution of the jurisprudence concerning the interpretation of certain key terms, provides guidance to the decision-maker as to the interests to be weighed and the degree of deference to be accorded to the state. The article further finds that countries have not substantially abridged their ability to engage in bona fide regulatory conduct such that additional deference might be needed to respect a country's sovereign right and responsibility to regulate in the public interest. As regards regulatory measures, the treaty standards are in large part concerned with precluding unreasonable conduct, particularly the use of a measure as a pretext for a wrongful purpose (e.g., discrimination or unjust enrichment), for which no deference is justified. The major exception to that characterization relates to the protection from indirect expropriation, if it is interpreted as allowing an investor to receive compensation for harm caused by a bona fide but disproportionately burdensome measure. Such a reading of the standard creates space for a conflict between a country's treaty obligations and regulatory responsibilities. However, the interpretation also builds in a proportionality standard that allows tribunals to balance the governmental purpose against the investor's rights.
Author: Noble A. Drakoln
Publisher: 100 Doors Press
ISBN: 9780982569535
Category : Business & Economics
Languages : en
Pages : 144
Get Book Here
Book Description
Real estate investing is often treated as a get-rich-quick scheme. Whether it's from over speculation, like the mortgage backed securities that almost collapsed the world's economy, or the so-called reality T.V. shows touting how to make millions just fixing and flipping properties. There is another way to succeed in real estate though, cash flow. 100 Doors: Building Wealth Through Real Estate Cash Flow was written to teach fledgling and struggling real estate opportunity seekers a different approach to real estate, not as a speculator or investor, but as a bona fide business. A business that could set you up for independent wealth without the hype, without the confusion, and without the get-rich-quick scheming mentality solely by focusing on cash flow first.
Author: Julien Chaisse
Publisher: Springer
ISBN: 9789811336140
Category : Law
Languages : en
Pages : 0
Get Book Here
Book Description
The Handbook of International Investment Law and Policy is a one-stop reference source. This Handbook covers the main conceptual questions in a logical, scholarly yet easy to comprehend manner. It is based on a truly global vision insisting particularly on Global South related issues and developments. In this respect, the Handbook of International Investment Law and Policy provides an excellent modern treatment of international investment law which is one of the fastest growing areas of international economic law. Professor Julien Chaisse, Professor Leïla Choukroune, and Professor Sufian Jusoh are the editors-in-chief of the Handbook of International Investment Law and Policy, a 1,500-page reference book, which is anticipated becoming one of the most influenced reference books in the international economic law areas. This Handbook is a highly comprehensive set of four volumes of original materials designed to cover all facets of international investment law and policy. The chapters, written by world-leading experts, explore key ideas and debates in relation to: international investment substantive law (Volume I), Investor-state dispute settlement (Volume II); interaction between international investment law and other fields of international law (Volume III); and, the new trends and challenges for international investment law (Volume IV). The Handbook will feature more than 80 contributions from leading experts (academics, lawyers, government officials), including Vivienne Bath, M. Sornarajah, Mélida Hodgson, Rahul Donde, Roberto Echandi, Andrew Mitchell, Ernst-Ulrich Petersmann, Christina L. Beharry, Krista Nadakavukaren Schefer, Leon Trakman, Prabhash Ranjan, Emmanuel Jacomy, Mariel Dimsey, Stavros Brekoulakis, Romesh Weeramantry, Nathalie Bernasconi-Osterwalder, David Collins, Damilola S. Olawuyi, Katia Fach Gomez, Jaemin Lee, Alejandro Carballo-Leyda, Patrick W. Pearsall, Mark Feldman, Surya Deva, Luke Nottage, Rafael Leal-Arcas, James Nedumpara, Rodrigo Polanco, etc. This Handbook will be an essential reference tool for students and scholars of international economic law. Policy makers and researchers alike will find the Handbook of International Investment Law and Policy useful for years to come.
Author: United States. Federal Trade Commission
Publisher:
ISBN:
Category :
Languages : en
Pages : 1734
Get Book Here
Book Description
Author:
Publisher:
ISBN:
Category : England
Languages : en
Pages : 800
Get Book Here
Book Description
Author:
Publisher:
ISBN:
Category : Finance
Languages : en
Pages : 862
Get Book Here
Book Description
Author: Jun Fu
Publisher: University of Michigan Press
ISBN: 9780472111787
Category : Business & Economics
Languages : en
Pages : 318
Get Book Here
Book Description
Provides an in-depth look at how China's financial institutions interact with foreign investment