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Author: Dimitrij Euler
Publisher: Cambridge University Press
ISBN: 1107077931
Category : Education
Languages : en
Pages : 413
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Book Description
This in-depth commentary analyses the new UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration.
Author: Dimitrij Euler
Publisher: Cambridge University Press
ISBN: 1107077931
Category : Education
Languages : en
Pages : 413
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Book Description
This in-depth commentary analyses the new UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration.
Author: Flavia Marisi
Publisher: Kluwer Law International B.V.
ISBN: 9403517301
Category : Law
Languages : en
Pages : 297
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Book Description
Environmental Interests in Investment Arbitration Challenges and Directions Flavia Marisi Economic growth, social inclusion, and environmental protection stand at the core of sustainable development, which aims to deliver long-term growth for current and future generations. Foreign Direct Investment (FDI) can play a key role in sustainable development. Host states’ benefits descending from FDI inflows include tax revenues, technology transfer, specialised training of local human resources, network with satellite activities, better availability of quality products and customer-centric services. These downstream effects jointly stimulate economic growth and social inclusion. This thoroughly researched book explores the relationship between environmental protection – the third component of sustainable development – and FDI. In practice, the intersection between environmental protection and foreign investment not only has generated remarkable success stories such as cross-sectoral green investment but has also in some instances led to severe cases of environmental degradation. Certain foreign investments resulted in open-pit mines leaking harmful substances into the soil, excessive deforestation, improper treatment of water, pollution of groundwater and contamination of mud pits following oil exploitation, leaving the host state with significant environmental damage. Some other cases have witnessed the host state withdrawing or infringing its own environmental policies, which could, in principle, lead to a decrease in the value of the foreign investment as a result of natural resources deterioration. In recent years, an increasing number of investment arbitration cases have seen a clash between the states’ commitments towards their citizens, which include the duty to protect the environment, their health and well-being, and the commitment towards foreign investors to protect their investments. In this book, the author focuses on investor-state cases in which environmental protection measures have been contested and discusses substantive mechanisms in treaty drafting, rules of Customary International Law, and interpretation doctrines, which are aimed at taking environmental concerns into consideration. The topics covered include the following: statistical analysis of investor-state cases where environmental protection measures have been contested; the role of environmental principles in investor-state arbitration; treaty mechanisms addressing environmental concerns; legal tools available under Customary International Law to address environmental interests; the application of the doctrines of proportionality, police powers, and margin of appreciation; and environmental counterclaims as an instrument to claim compensation for environmental damage. The author provides a detailed framework on the normative architecture, offers an extensive analysis of the relevant case law, and proposes concrete solutions to the identified clashes, aimed at refining the balance between environmental and investment protection. With its in-depth analysis and careful documentation, this book aptly captures the inherent fragmentation of international law and undoubtedly represents an invaluable resource for both international law practitioners and scholars. The solution-oriented approach adopted in the book will be welcomed by legal counsel, law firms, investment treaty negotiators, and decision makers at the different stages of investment lawmaking and practice, as well as by international institutions and academics.
Author: Andreas Kulick
Publisher: Cambridge University Press
ISBN: 1139510886
Category : Law
Languages : en
Pages : 412
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Book Description
The strengths of international investment law - above all, a strong focus on investor interests and an effective adjudication and enforcement system - also entail its weaknesses: it runs the danger of impeding or even sanctioning the host states' legitimate regulatory interests and ignoring other fields of public international law. How does it cope with public interest concerns such as human rights, the environment or the fight against corruption? At the heart of this book lies a fresh approach towards a general theory of such global public interest considerations in the investment realm. Delineating how and why those considerations matter, and why the current system does not accommodate them properly, Andreas Kulick fleshes out general principles and customary international law as defences the host state may raise against alleged investor rights infringements and promotes proportionality as the appropriate balancing mechanism.
Author: Michael Waibel
Publisher: Kluwer Law International B.V.
ISBN: 9041132023
Category : Law
Languages : en
Pages : 674
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Book Description
"This book, the outgrowth of a conference organized by the editors at Harvard Law School on April 19, 2008, aims to uncover the drivers behind the backlash against the current international investment regime."--Library of Congress Online Calalog.
Author: Thomas Schultz
Publisher: Oxford University Press
ISBN: 0192515977
Category : Law
Languages : en
Pages : 1008
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Book Description
This Handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in the field. Innovative in its breadth of coverage, chapter-topics range from the practicalities of how arbitration works, to big picture discussions of the actors involved and the values that underpin it. The book includes critical analysis of some of international arbitrations most controversial aspects, whilst providing a nuanced account overall that allows readers to draw their own informed conclusions. The book is divided into six parts, after an introduction discussing the formation of knowledge in the field. Part I provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part II focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part III examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part IV discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts of law. Part V presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part VI provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts.
Author: Stephan W. Schill
Publisher: Oxford University Press
ISBN: 0199589100
Category : Law
Languages : en
Pages : 922
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Book Description
International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.
Author: National Academy of Arbitrators
Publisher:
ISBN:
Category : Arbitration, Industrial
Languages : en
Pages : 364
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Book Description
Author: Dominik Moskvan
Publisher:
ISBN:
Category :
Languages : en
Pages : 7
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Book Description
In the light of the anticipated alterations to international investment law, stemming from the system's lack of deference to public interest, this paper aims to delineate the role of public interest in international and European law. Whereas investor interest may be easily defined by its core feature of achieving profitability, the meaning of public interest cannot be identified without a certain degree of hesitation as the elusiveness of public interest is caused by the plurality of forms it takes. Being an abstract entity, the notion of public interest is often defined reactively, i.e. as an opposition to the obvious well-defined profit-making investor motives. This is due to the fact that by default, measures enforced in public interest do not affect all of the members the same. It is desirable that public interest brings benefits to most of the individuals, however, there may always exist at least one person who ends up worse off should such a measure be taken. In order to justify the losses, different ways can be taken either from the substantive or procedural perspective so that potential conflicting views are reflected in the decision-making process.Even though the pleas for a more significant role of public interest in investment protection have arisen as a counterweight to the allegedly dominant role of investor interest, the notion of public interest has developed in both systems, EU law and investment law, in different ways. Since the notion of public interest presumes some degree of political governance, either on a national or international level, public interest necessitates its foreseeable application throughout the system. Based on the experience of application of public interest exceptions in EU law, this paper suggests investment law adopt a coordinated application of public interest exemptions to the rules similar to EU law, whilst both remain built upon their initial cornerstone of investor interest.
Author: Yves Derains
Publisher: Kluwer Law International B.V.
ISBN: 9041184015
Category : Law
Languages : en
Pages : 362
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Book Description
Today thousands of investors act globally in markets providing services, technology or capital in countries all around the world. This activity can be peacefully accomplished when both the investor and the host State know that the disputes will be resolved under the aegis of the investor-State arbitration regime, wherein an investor is provided with a direct right of action against a State, most commonly stemming from a bilateral or multilateral investment treaty. This book approaches the substantive and sometimes difficult concepts of investor-State arbitration in a clear and concise explanatory fashion. In the course of acquainting the reader with the basic legal concepts and policies of the regime, the authors address such issues as the following: • consent to jurisdiction; • State responsibility; • possible conflict of interests; • mechanisms for reviewing an award; • damages and costs; and • enforcement. The book examines a number of arbitration procedures arising from various perspectives with differing underlying assumptions while highlighting important cases. Given that investor-State arbitration is now under the public watch and facing many challenges, this remarkably clear and concise overview of the regime will prove to be of great value to in-house counsel and other practitioners, as well as to government policymakers and students.x`
Author: Barnali Choudhury
Publisher:
ISBN:
Category :
Languages : en
Pages : 44
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Book Description
Public interest regulations, whether promulgated in the best interest of the state or in the common interest of mankind, embody deeply embedded democratic values held by a state's populace. The regulations, enacted by democratically elected officials, represent exercises in both sovereignty and public-policy making.Investment arbitrations have begun to increasingly engage public interest regulations. Foreign investors, aggrieved that public interest regulations are interfering with their investments, are challenging public interest regulations in investment arbitrations. Suddenly, regulations addressing concerns ranging from the environment to the correction of wrongs committed during the apartheid regime are under scrutiny. As a result, unelected arbitrators are evaluating the appropriateness of public interest regulations. Moreover, they are doing so with little or no public involvement.The transportation of issues that directly affect citizens to a system that is both inaccessible to everyday citizens and is structurally isolated from public input creates a democratic deficit. The question thus arises, in adjudging public interest issues, is investment arbitration contributing to the democratic deficit? This article suggests that both the process and the outcomes from investment arbitration need to be modified to reflect the inclusion of core democratic values in a dispute settlement mechanism bereft of democratic ideals.
