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Author: M Sornarajah
Publisher: Martinus Nijhoff Publishers
ISBN: 9004636242
Category : Law
Languages : en
Pages : 372
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Book Description
Author: M Sornarajah
Publisher: Martinus Nijhoff Publishers
ISBN: 9004636242
Category : Law
Languages : en
Pages : 372
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Book Description
Author: M. Sornarajah
Publisher: Martinus Nijhoff Publishers
ISBN: 9024731305
Category : Law
Languages : en
Pages : 374
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Book Description
Author: Mustafa Erkan
Publisher: Kluwer Law International B.V.
ISBN: 9041134115
Category : Law
Languages : en
Pages : 442
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Book Description
"Presents the results of a questionnaire-based survey circulated to the main players in the petroleum sector, revealing actual existing contractual risk management techniques and showing a true picture of the political risk situation in the petroleum sector"--P. [4] of cover.
Author: Petra Minnerop
Publisher: Oxford University Press
ISBN: 0192578278
Category : Law
Languages : en
Pages : 1008
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Book Description
This volume brings together articles on international development law from the Max Planck Encyclopedia of Public International Law, the definitive reference work on international law. It provides an invaluable resource for scholars, students, and practitioners of international development law, giving an accessible, thorough overview of all aspects of the field. Each article contains cross-references to related articles, and includes a carefully selected bibliography of the most important writings and primary materials as a guide to further reading. The Encyclopedia can be used by a wide range of readers. Experienced scholars and practitioners will find a wealth of information on areas that they do not already know well as well as in-depth treatments on every aspect of their specialist topics. Articles can also be set as readings for students on taught courses.
Author: María José Luque Macías
Publisher: Springer Nature
ISBN: 303073272X
Category : Law
Languages : en
Pages : 285
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Book Description
This book offers insights into how international investment law (IIL) has frustrated states’ protection of human rights in Latin America, and IIL has generally abstained from dealing with inter-regime frictions. In these circumstances, this study not only argues that IIL should be an object of contention and debate (‘politicisation’). It also contends that Latin American countries have traditionally been the frontrunners in the politicisation of international legal instruments protecting foreign investment, questioning whether the paradigms informing their claims’ articulation are adequate to frame this debate. It demonstrates that the so-called ‘right to regulate’ is the paradigm now prevalently used to challenge IIL, but that it is inadequate from a human rights perspective. Hence, the book calls for a re-politicisation of IIL in Latin America through a re-conceptualization of how states’ regulation of foreign investment is understood under international human rights law, which entails viewing it as an international duty. After determining what the ‘duty to regulate’ constitutes in relation to the right to water and indigenous peoples’ right to lands based on human rights doctrine, the book analyses the extent to which Latin American countries are currently re-politicising IIL through an articulation of this international duty, and arbitral tribunals’ responses to their argumentative strategies. Based on these findings, the book not only proposes investment treaties’ reform to anchor the ‘duty to regulate’ paradigm in IIL, and in the process, to induce tribunals’ engagement with human rights arguments when they come to underpin respondent states’ defences in investor-state dispute settlement (ISDS). In addition, drawing upon the (now likely defunct) idea of creating a regional ISDS tribunal, the book briefly reflects on options available to such a tribunal in terms of dealing with troubling normative/institutional interactions between regimes during ISDS proceedings.
Author: C. L. Lim
Publisher: Cambridge University Press
ISBN: 1108916309
Category : Law
Languages : en
Pages : 687
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Book Description
International investment law and arbitration is a rapidly evolving field, and can be difficult for students to acquire a firm understanding of, given the considerable number of published awards and legal writings. The first edition of this text, cited by courts in Singapore and Colombia, overcame this challenge by interweaving extracts from these arbitral decisions, treaties and scholarly works with concise, up-to-date and reliable commentary. Now fully updated and with a new chapter on arbitrators, the second edition retains this practical structure along with the carefully curated end-of-chapter questions and readings. The authors consider the new chapter an essential revision to the text, and a discussion which is indispensable to understanding the present calls for reform of investment arbitration. The coverage of the book has also been expanded, with the inclusion of over sixty new awards and judicial decisions, comprising both recent and well-established jurisprudence. This textbook will appeal to graduates studying international investment law and international arbitration, as well as being of interest to practitioners in this area.
Author: Charles N. Brower
Publisher: BRILL
ISBN: 9004636676
Category : Business & Economics
Languages : en
Pages : 314
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Book Description
Is international arbitration becoming too "judicial" and conformist? This important book addresses this issue with detailed attention to the arbitral procedure, the law applicable to the dispute being arbitrated, and the review of awards. The authors include members of various international tribunals, leading lawyers, and distinguished academics from the United States and abroad. Published under the Transnational Publishers imprint.
Author: Jeffrey A. Schoenblum
Publisher: CCH
ISBN: 9780808092285
Category : Business & Economics
Languages : en
Pages : 2890
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Book Description
Author: Stanislava Nedeva
Publisher: Edward Elgar Publishing
ISBN: 1035308304
Category : Law
Languages : en
Pages : 289
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Book Description
This rigorous book explores the opposing investor-state relationship and argues that a stable investment environment is achieved when the rights of both parties are recognised and balanced. Stanislava Nedeva examines how both certainty and predictability can be achieved in oil and gas investment agreements and identifies the ways in which political risks to contractual stability and indirect expropriation can be mitigated.
Author: Jan Ole Voss
Publisher: BRILL
ISBN: 9004188126
Category : Law
Languages : en
Pages : 401
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Book Description
Foreign investments are usually implemented through contracts between host States and foreign investors. These contracts and international investment treaties represent two different legal instruments that protect foreign direct investment. The co-existence of both instruments under international investment law has generated fundamental problems. By scrutinizing and tracing the increasingly divided jurisprudence on central aspects of treaty interpretation and analyzing the conflicting legal concepts applied by arbitral tribunals, this book represents a comprehensive examination of the complex relationship between the two in the field of investment treaty arbitration.
