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Author: Arnaud de Nanteuil
Publisher: Edward Elgar Publishing
ISBN: 1788975898
Category : Law
Languages : en
Pages : 439
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Book Description
This comprehensive book provides a complete overview of the international legal system of foreign investment protection, synthesising material from treaties, general international law, contracts and case law to demonstrate a coherent system of investment protection. Through this systematic approach, the book considers all aspects of the discipline, providing a thorough and accessible analysis.
Author: Arnaud de Nanteuil
Publisher: Edward Elgar Publishing
ISBN: 1788975898
Category : Law
Languages : en
Pages : 439
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Book Description
This comprehensive book provides a complete overview of the international legal system of foreign investment protection, synthesising material from treaties, general international law, contracts and case law to demonstrate a coherent system of investment protection. Through this systematic approach, the book considers all aspects of the discipline, providing a thorough and accessible analysis.
Author: Johanna Braun
Publisher: Nomos Verlag
ISBN: 3748932790
Category : Law
Languages : en
Pages : 250
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Book Description
Dieses Werk beschäftigt sich mit den sogenannten "absoluten" Schutzstandards im internationalen Investitionsschutzrecht: dem Fair and Equitable Treatment (FET) und dem Full Protection and Security (FPS) Standard. Es bearbeitet die Frage, ob außergewöhnliche Umstände im Gaststaat einen Einfluss auf die Auslegung dieser Standards haben. Zu diesem Zweck untersucht die Autorin die normativen Grundlagen beider Standards, einschließlich des jeweiligen Wortlauts, Systematik und Zweck, bevor die bestehende Schiedsgerichtspraxis analysiert wird. .
Author: Freya Baetens
Publisher: Cambridge University Press
ISBN: 1107434912
Category : Law
Languages : en
Pages : 569
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Book Description
Developments within various sub-fields of international law influence international investment law, but changes in investment law also have an impact on the evolution of other fields within international law. Through contributions from leading scholars and practitioners, this book analyses specific links between investment law and other sub-fields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and EU law. In particular, this book scrutinises how concepts, principles and rules developed in the context of such sub-fields could inform the content of investment law. Solutions aimed at resolving problems in other settings may provide instructive examples for addressing current problems in the field of investment law, and vice versa. The underlying question is whether key sub-fields of public international law, notably international investment law, are open to cross-fertilisation, or, whether they are evolving further into self-contained regimes.
Author: Jan Paulsson
Publisher: Cambridge University Press
ISBN: 1139448285
Category : Law
Languages : en
Pages : 307
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Book Description
Denial of justice is one of the oldest bases of liability in international law and the modern understanding of denial of justice is examined by Paulsson in this book, which was originally published in 2005. The possibilities for prosecuting the offence of denial of justice have evolved in fundamental ways and it is now settled law that States cannot disavow international responsibility by arguing that their courts are independent of the government. Even more importantly, the doors of international tribunals have swung wide open to admit claimants other than states: non-governmental organisations, corporations and individuals, and Paulsson examines several recent cases of great importance in his book.
Author: August Reinisch
Publisher: Cambridge University Press
ISBN: 1108882706
Category : Law
Languages : en
Pages : 1662
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Book Description
This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.
Author: United Nations Conference on Trade and Development
Publisher:
ISBN: 9789211128277
Category : Discrimination
Languages : en
Pages : 0
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Book Description
"In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher.
Author: Guiguo Wang
Publisher: Routledge
ISBN: 1134442424
Category : Law
Languages : en
Pages : 613
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Book Description
Increasing and intensified cross-border economic exchange such as trade and investment is an important feature of globalization. In the past, a distinction could be made between capital importing and exporting countries, or host and home countries for foreign direct investment (FDI). Due to globalization, FDI is presently made by and in both developed and developing countries. Differences in political, economic and legal systems and culture are no longer obstacles for FDI, and to varying degrees the economic development of almost all countries is closely linked with the inflow of FDI. This book conducts critical assessments of aspects of current international law on FDI, focusing on cases decided by the tribunals of the International Centre for Settlement of Investment Disputes (ICSID) and other tribunals as well as decisions of annulment ad hoc committees of the ICSID. In examining such cases, Guiguo Wang takes into account the Chinese culture and China’s practice in the related areas. The book explores topics including: the development and trend of international investment law; unilateral, bilateral and multilateral mechanisms for encouraging and protecting FDIs; determination of qualified investors and investments and consent as conditions for protection; relative and absolute standards of treatment; determination of expropriation in practice; assessment of compensation for expropriation; difficulties in enforcing investment arbitral awards; and alternatives for improving the existing system. The book will be of great use and interest to scholars, practitioners and students of international investment law and international economic law, Asian law, and Chinese studies.
Author: Patrick Dumberry
Publisher: BRILL
ISBN: 9004366121
Category : Law
Languages : en
Pages : 88
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Book Description
The fair and equitable treatment (‘FET’) standard is a type of protection found in BITs which has become in the last decades one of the most controversial provisions examined by arbitral tribunals. This book first examines the interaction between the ‘minimum standard of treatment’ (MST) and the FET standard and the question why States started referring to the former in their BITs. It also addresses the question whether the FET should be considered as an autonomous standard of protection under BITs. This book also examines the controversial proposition that the FET standard should now be considered as a rule of customary international law. I will show that while the practice of States to include FET clauses in their BITs can be considered as general, widespread and representative, it remains that it is not uniform and consistent enough for the standard to have crystallised into a customary rule. States also lack the necessary opinio juris when including the clause in their BITs.
Author: Marc Bungenberg
Publisher: Hart Pub Limited
ISBN: 9781849463638
Category : Law
Languages : en
Pages : 2000
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Book Description
International investment law is a subject of growing importance and complexity. Anyone interested in international investment law will appreciate the comprehensive, thoughtful and detailed exploration of this area which this distinguished group of German scholars have provided.
Author: Aikaterini Titi
Publisher:
ISBN: 9783848710621
Category : Capital investments
Languages : en
Pages : 376
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Book Description
La 4e de couverture indique : "Since the inception of the international investment law system, investment promotion and protection have been the raison d'être of investment treaties and states have confined their policy space in order to attract foreign investment and protect their investors abroad. Languishing in relative obscurity until recently, the right to regulate has gradually come to the spotlight as a key component of negotiations on new generation investment agreements around the globe. States and regional organisations, including, notably, the European Union and the United States, have started to examine ways in which to safeguard their regulatory power and guide - and delimit - the interpretive power of arbitral tribunals, by reserving their right to pursue specific public policy objectives. The monograph explores the status quo of the right to regulate, in order to offer an appraisal and a reference tool for treatymakers, thus contributing to a better understanding of the concept and the broader discourse on how to enhance the investment law system's legitimacy."
