Calculation of Compensation and Damages in International Investment Law PDF Download
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Author: Irmgard Marboe
Publisher: Oxford International Arbitrati
ISBN: 9780198749936
Category : Law
Languages : en
Pages : 0
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Book Description
Introduction --The Function of Compensation and Damages --Valuation Standards and Criteria --International Standards, Bases of Value, and Valuation Approaches --Methods of Valuation in International Practice --Interest --Conclusions.
Author: Irmgard Marboe
Publisher: Oxford International Arbitrati
ISBN: 9780198749936
Category : Law
Languages : en
Pages : 0
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Book Description
Introduction --The Function of Compensation and Damages --Valuation Standards and Criteria --International Standards, Bases of Value, and Valuation Approaches --Methods of Valuation in International Practice --Interest --Conclusions.
Author: John Gotanda
Publisher: Kluwer Law International B.V.
ISBN: 9041106456
Category : Law
Languages : en
Pages : 262
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Book Description
Supplemental Damages in Private International Law guides the reader through complex damages issues and their treatment around the glove. This is the first contemporary book to exclusively and comprehensively examine issues and problems presented in determining compensatory interest, moratory interest, damages in the comparative and international context, and issues arising from the awarding of damages in foreign currency. Attorneys, arbitrators, judges, and scholars will value Supplemental Damages in Private International Law as a timesaving, one-stop resource on how different legal systems address damages issues.
Author: Sergey Ripinsky
Publisher: BIICL
ISBN: 9781905221240
Category : Law
Languages : en
Pages : 616
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Book Description
The past two decades have seen a rising wave of investor-State arbitrations, which pose important questions in international law. This book addresses one of the least understood and most unpredictable areas in that field - the assessment of damages. The book is a result of a two-year research project carried out at the British Institute of International and Comparative Law, and it is the first to examine the subject in a systematic, comprehensive, and detailed manner. Damages in International Investment Law offers a much-needed, balanced assessment of the complicated and controversial issues arising in relation to compensation awards, putting special emphasis on the interpretation and application of international rules on damages by arbitral tribunals. In addition to careful analyses of the most recent investment treaty case law, other relevant practice - both international and national - is reviewed. Thorough, well-organized, and supplemented by analytical annexes, the book will be a valuable reference tool for legal professionals and a practical aide for constructing and resolving damages claims in investment arbitrations.
Author: Christina L. Beharry
Publisher: BRILL
ISBN: 9004357793
Category : Law
Languages : en
Pages : 516
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Book Description
Damages and other forms of redress are the object of nearly every international investment dispute. Given the financial stakes in these cases, compensation is a key concern for both foreign investors and States. The increasingly large sums awarded and the growing complexity of claims call for a renewed analysis of legal and valuation concepts related to damages. Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration, edited by Christina L. Beharry, examines a broad range of damages topics, building on basic principles and surveying current developments to identify trends in the jurisprudence. A central contribution of this book is its exploration of cutting-edge issues dominating a new generation of investment awards and the interconnectedness of damages with other areas of international investment law. This volume brings together leading practitioners, experts, and academics with extensive experience working on issues related to the law of damages and the quantification of compensation. Readers are provided with a deeper understanding of legal and valuation principles that are often the source of intense debate in international investment cases.
Author: Ian A. Laird
Publisher: Juris Publishing, Inc.
ISBN: 1937518418
Category : Conflict of laws
Languages : en
Pages : 428
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Book Description
Is it Time for a Regime Change? Protecting International Energy Investments against Political Risk. The 2013 seventh annual Juris investment arbitration conference put in issue the special role of international energy projects in the development of investor-state arbitration. It is currently one of the most active sectors of investor-state arbitration. The “facts” of the energy sector therefore are particularly well-developed in international jurisprudence. The similarities in the applicable law of investment protection between the energy sector and other sectors tend to hide from view what our panelists repeatedly uncovered: it is the facts of energy disputes that significantly set them apart. The concerns of sovereign dominion over national energy production and the protection of foreign investors in the energy sector against stranding large investments served as a key point of departure for discussions. The four questions that the Conference addressed include: The Energy Sector, Investment Arbitration and the ECT: Carving out a Special Regime? Energy Contracts and BITS – Is it Fair and Equitable to be Under the Umbrella? Mulitparty Investor Disputes in the Energy Sector – Preclusion, Consolidation or Free-For-All? Measure by Measure? Calculating Damages in Energy Disputes The discussion and debate that followed is provided in this book and sure to be of tremendous value to the international business lawyer, litigation specialist or trade and investment law policy expert.
Author: John A. Trenor
Publisher:
ISBN: 9781838622121
Category : Damages
Languages : en
Pages : 503
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Book Description
Author: Marjorie Millace Whiteman
Publisher:
ISBN:
Category : Claims
Languages : en
Pages : 736
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Book Description
Author: Roda Verheyen
Publisher: Martinus Nijhoff Publishers
ISBN: 9004146504
Category : Law
Languages : en
Pages : 419
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Book Description
This book is the first comprehensive assessment of the legal duties of states with regard to human induced climate change damage. By discussing the current state of climate science in the context of binding international law, it convincingly argues that compensation for such damage could indeed be recoverable. The author analyses legal duties requiring states to prevent climate change damage, and discusses to what extent a breach of these duties will give rise to state responsibility (international liability). The analysis includes the UN Framework Convention on Climate Change and the Kyoto Protocol, but also various nature/ biodiversity protection and law of the sea instruments, as well as the no-harm-rule as a key provision of customary international law. The challenge in applying the different aspects of the law on state responsibility, including causation and standard of proof, are discussed in three case studies, and the questions raised by multiple polluters explored in depth. Against this background, the author advocates an internationally negotiated solution to the issue of climate change damage.
Author: Borzu Sabahi
Publisher: OUP Oxford
ISBN: 019102158X
Category : Law
Languages : en
Pages : 1722
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Book Description
This book examines the history, principles, and practice of awarding compensation and restitution in investor-State arbitration disputes, which are initiated under investment treaties. The principles discussed may be applied to all international law cases where damage to property is an issue. The book starts by tracing the roots of the applicable international legal principles to Roman law, and from there follows their evolution through the European law of extra-contractual liability and eventually through the Chorzów Factory case to principles of compensation and restitution in the modern law of international investment. The greater part of the book is then dedicated to examination of the modern application of these principles, focusing on the jurisprudence of international tribunals under various arbitral rules such as ICSID and UNCITRAL Rules. Monetary compensation as the prevalent form of remedy sought and awarded in investor-State disputes is discussed in more detail, including topics such as the amount of compensation for damage resulting from breach of investment treaties or for lawful expropriation of foreign investor's property, a brief overview of valuation methods, supplementary compensation for moral damages, interest, costs, and currency fluctuations as well as various principles that may limit the amount of recoverable compensation, such as causation. A full chapter is dedicated to the discussion of the theory and practice of awarding restitution in investor-State disputes. The book also covers the general principle of reparation in international law as applied in investor-State arbitrations. The topics discussed cover all the theoretical as well as practical issues which may be raised in awarding compensation and restitution in investment treaty disputes between States and foreign investors.
Author: Jason Rudall
Publisher: Routledge
ISBN: 1000034941
Category : Law
Languages : en
Pages : 172
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Book Description
Inspired by recent litigation, this book identifies and critically appraises the manifold and varied approaches to calculating compensation for damage caused to the environment. It examines a wide range of practice on compensation – in general and specifically for environmental damage – from that of international courts and tribunals, as well as international commissions and regimes, to municipal approaches and other disciplines such as economics and philosophy. Compensation for Environmental Damage Under International Law synthesises these approaches with a view to identifying their blind spots, bringing clarity to an area where there exists broad discrepancy, and charting best practices that appropriately balance the manifold interests at stake. In particular, it is argued that best practice methodologies should ensure compensation serves to fully repair the environment, reflect the emerging ecosystems approach and any implications environmental damage may have for climate change, as well as take into account relevant equitable considerations. This book is essential reading for academics, practitioners and students working in the field of environmental law.
