Author: OECD
Publisher: OECD Publishing
ISBN: 926401165X
Category :
Languages : en
Pages : 166
Book Description
Presents four studies on international investment law: one on transparency, one on the fair and equitable treatment standard, one on indirect expropriation and the right to regulate, and one on most favoured nation treatment.
International Investment Law: A Changing Landscape A Companion Volume to International Investment Perspectives
Author: OECD
Publisher: OECD Publishing
ISBN: 926401165X
Category :
Languages : en
Pages : 166
Book Description
Presents four studies on international investment law: one on transparency, one on the fair and equitable treatment standard, one on indirect expropriation and the right to regulate, and one on most favoured nation treatment.
Publisher: OECD Publishing
ISBN: 926401165X
Category :
Languages : en
Pages : 166
Book Description
Presents four studies on international investment law: one on transparency, one on the fair and equitable treatment standard, one on indirect expropriation and the right to regulate, and one on most favoured nation treatment.
International Investment Law: Understanding Concepts and Tracking Innovations A Companion Volume to International Investment Perspectives
Author: OECD
Publisher: OECD Publishing
ISBN: 9264042032
Category :
Languages : en
Pages : 344
Book Description
A comprehensive source of information on four key issues: the definition of investor and investment; the interpretation of umbrella clauses in investment agreements; coverage of environmental, labour and anti-corruption issues; and the interaction between investment and services chapters in RTAs.
Publisher: OECD Publishing
ISBN: 9264042032
Category :
Languages : en
Pages : 344
Book Description
A comprehensive source of information on four key issues: the definition of investor and investment; the interpretation of umbrella clauses in investment agreements; coverage of environmental, labour and anti-corruption issues; and the interaction between investment and services chapters in RTAs.
Custom and its Interpretation in International Investment Law: Volume 2
Author: Panos Merkouris
Publisher: Cambridge University Press
ISBN: 1009255452
Category : Law
Languages : en
Pages : 433
Book Description
At first glance, one may think of international investment law as a response to custom (or lack thereof), instead of a field of its application. However, in fact, the opposite is the case. The interpretation and application of customary rules and principles are the bread and butter of international investment law and arbitration. With a diverse range of expert contributors, this collection traces how customary international law is practised in international investment law. It considers how custom should be interpreted and how its rules and principles should be understood and applied by investor-state arbitral tribunals. Raising and addressing vital questions surrounding custom and international law, this collection is a necessary contribution to the scholarship of the theory and history of customary international law and international investment law. This title is also available as Open Access on Cambridge Core.
Publisher: Cambridge University Press
ISBN: 1009255452
Category : Law
Languages : en
Pages : 433
Book Description
At first glance, one may think of international investment law as a response to custom (or lack thereof), instead of a field of its application. However, in fact, the opposite is the case. The interpretation and application of customary rules and principles are the bread and butter of international investment law and arbitration. With a diverse range of expert contributors, this collection traces how customary international law is practised in international investment law. It considers how custom should be interpreted and how its rules and principles should be understood and applied by investor-state arbitral tribunals. Raising and addressing vital questions surrounding custom and international law, this collection is a necessary contribution to the scholarship of the theory and history of customary international law and international investment law. This title is also available as Open Access on Cambridge Core.
Application of Most-Favoured-Nation Clauses by Investor-State Arbitral Tribunals
Author: Tanjina Sharmin
Publisher: Springer Nature
ISBN: 9811537305
Category : Law
Languages : en
Pages : 314
Book Description
This book comprehensively examines various issues regarding the scope of Most-Favoured Nation (MFN) Clauses in International Investment Agreements (IIAs), and addresses the reform, interpretation, and enforcement of IIAs with a specific focus on the MFN clause. The book begins with a study of the history and evolution of the MFN. It then presents a substantive analysis focusing on the drafting style and how it affects the scope of the MFN; rules of interpretation and arbitral case law on the scope of the MFN, procedural prerequisites to arbitration and jurisdiction of arbitral tribunals, and the implications of adopting an expansive approach to the MFN clause. The book’s argument centres on the need for arbitral tribunals to interpret the MFN in a manner that reflects the expressed intent of the parties. This requires taking into consideration the text of the MFN, its purpose, and the overall context of the IIA, rather than relying on values and assumptions that have nothing to do with the original intent of the parties. In making this argument, the book draws on Articles 31 and 32 of the Vienna Convention on the Law of Treaties and other interpretative rules. What sets the book apart is its comprehensive coverage of issues concerning the interpretation and application of the MFN in IIAs. At the same time, it addresses issues in connection with an expansive interpretation of MFN clauses, as well as concerns regarding the legitimacy crisis in investor-state arbitration. Accordingly, it contributes to future Investor-State Dispute Settlement (ISDS) reform, while also offering a wealth of theoretical and practical insights for future treaty drafters, arbitrators, and policymakers.
Publisher: Springer Nature
ISBN: 9811537305
Category : Law
Languages : en
Pages : 314
Book Description
This book comprehensively examines various issues regarding the scope of Most-Favoured Nation (MFN) Clauses in International Investment Agreements (IIAs), and addresses the reform, interpretation, and enforcement of IIAs with a specific focus on the MFN clause. The book begins with a study of the history and evolution of the MFN. It then presents a substantive analysis focusing on the drafting style and how it affects the scope of the MFN; rules of interpretation and arbitral case law on the scope of the MFN, procedural prerequisites to arbitration and jurisdiction of arbitral tribunals, and the implications of adopting an expansive approach to the MFN clause. The book’s argument centres on the need for arbitral tribunals to interpret the MFN in a manner that reflects the expressed intent of the parties. This requires taking into consideration the text of the MFN, its purpose, and the overall context of the IIA, rather than relying on values and assumptions that have nothing to do with the original intent of the parties. In making this argument, the book draws on Articles 31 and 32 of the Vienna Convention on the Law of Treaties and other interpretative rules. What sets the book apart is its comprehensive coverage of issues concerning the interpretation and application of the MFN in IIAs. At the same time, it addresses issues in connection with an expansive interpretation of MFN clauses, as well as concerns regarding the legitimacy crisis in investor-state arbitration. Accordingly, it contributes to future Investor-State Dispute Settlement (ISDS) reform, while also offering a wealth of theoretical and practical insights for future treaty drafters, arbitrators, and policymakers.
International Investment Law and Legal Theory
Author: Jörg Kammerhofer
Publisher: Cambridge University Press
ISBN: 1108839177
Category : Law
Languages : en
Pages : 391
Book Description
A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.
Publisher: Cambridge University Press
ISBN: 1108839177
Category : Law
Languages : en
Pages : 391
Book Description
A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.
International Investment Law and Soft Law
Author: Andrea K. Bjorklund
Publisher: Edward Elgar Publishing
ISBN: 178100322X
Category : Law
Languages : en
Pages : 345
Book Description
This important book examines the development of soft law instruments in international investment law and the feasibility of a 'codification' of the present state of this field of international economic law. It draws together the views of international experts on the use of soft law in international law generally and in discrete fields such as WTO, commercial, and environmental law. The book assesses whether investment law has sufficiently coalesced over the last 50 years to be 'codified' and focuses particularly on topical issues such as most-favoured-nation treatment and expropriation. This timely book will appeal to academics interested in the development of international law and legal theory, to those working in investment law, Government investment treaty negotiators and arbitration practitioners.
Publisher: Edward Elgar Publishing
ISBN: 178100322X
Category : Law
Languages : en
Pages : 345
Book Description
This important book examines the development of soft law instruments in international investment law and the feasibility of a 'codification' of the present state of this field of international economic law. It draws together the views of international experts on the use of soft law in international law generally and in discrete fields such as WTO, commercial, and environmental law. The book assesses whether investment law has sufficiently coalesced over the last 50 years to be 'codified' and focuses particularly on topical issues such as most-favoured-nation treatment and expropriation. This timely book will appeal to academics interested in the development of international law and legal theory, to those working in investment law, Government investment treaty negotiators and arbitration practitioners.
The Formation and Identification of Rules of Customary International Law in International Investment Law
Author: Patrick Dumberry
Publisher: Cambridge University Press
ISBN: 1316503070
Category : Law
Languages : en
Pages : 535
Book Description
Patrick Dumberry provides a comprehensive analysis of the rules of customary international law in the field of international investment law.
Publisher: Cambridge University Press
ISBN: 1316503070
Category : Law
Languages : en
Pages : 535
Book Description
Patrick Dumberry provides a comprehensive analysis of the rules of customary international law in the field of international investment law.
Connected Accountabilities: Environmental Justice and Global Citizenship
Author: Sivaram Vemuri
Publisher: BRILL
ISBN: 1848880146
Category : Political Science
Languages : en
Pages : 255
Book Description
These chapters are all based on earlier versions presented and discussed at the Ecological Justice and Global citizenship conference in Mansfield College, Oxford in 2008. They provide an indication of the breadth of research and debate on environmental issues and provide a number of interesting perspectives.
Publisher: BRILL
ISBN: 1848880146
Category : Political Science
Languages : en
Pages : 255
Book Description
These chapters are all based on earlier versions presented and discussed at the Ecological Justice and Global citizenship conference in Mansfield College, Oxford in 2008. They provide an indication of the breadth of research and debate on environmental issues and provide a number of interesting perspectives.
The Fair and Equitable Treatment (FET) Standard in International Investment Arbitration
Author: Rumana Islam
Publisher: Springer
ISBN: 9811321256
Category : Law
Languages : en
Pages : 226
Book Description
This book presents comprehensive information on a range of issues in connection with the Fair and Equitable Treatment (FET) standard, with a particular focus on arbitral awards against host developing countries, thereby contributing to the available literature in this area of international investment law. It examines in detail the interpretation of the FET standard of key arbitral awards affecting host developing countries, demonstrating the full range of interpretation approaches adopted by the current investment tribunals. At the same time, the book offers valuable practical guidance for counsels/scholars representing host developing countries in investment arbitration, where balancing the competing interests of the foreign investors and the host developing countries in investment disputes poses a complex challenge. The book puts forward the pressing need for a re-conceptualized interpretation of the FET standard in tune with the developmental issues and challenges faced by host developing countries, recognizing these countries’ particular perspectives as an important and relevant aspect of investment disputes (often ignored by the current investment tribunals), while continuing to ensure reasonable protections for foreign investors and therefore serving the needs of the system as whole. The findings presented here will greatly benefit host developing countries engaged in investment arbitration. In addition, the book offers an insightful guide for all researchers whose work involves investment law and investment arbitration issues.
Publisher: Springer
ISBN: 9811321256
Category : Law
Languages : en
Pages : 226
Book Description
This book presents comprehensive information on a range of issues in connection with the Fair and Equitable Treatment (FET) standard, with a particular focus on arbitral awards against host developing countries, thereby contributing to the available literature in this area of international investment law. It examines in detail the interpretation of the FET standard of key arbitral awards affecting host developing countries, demonstrating the full range of interpretation approaches adopted by the current investment tribunals. At the same time, the book offers valuable practical guidance for counsels/scholars representing host developing countries in investment arbitration, where balancing the competing interests of the foreign investors and the host developing countries in investment disputes poses a complex challenge. The book puts forward the pressing need for a re-conceptualized interpretation of the FET standard in tune with the developmental issues and challenges faced by host developing countries, recognizing these countries’ particular perspectives as an important and relevant aspect of investment disputes (often ignored by the current investment tribunals), while continuing to ensure reasonable protections for foreign investors and therefore serving the needs of the system as whole. The findings presented here will greatly benefit host developing countries engaged in investment arbitration. In addition, the book offers an insightful guide for all researchers whose work involves investment law and investment arbitration issues.
International Investment Perspectives 2007 Freedom of Investment in a Changing World
Author: OECD
Publisher: OECD Publishing
ISBN: 9264037578
Category :
Languages : en
Pages : 236
Book Description
Contains two analytic sections. The first addresses an apparent growth in discriminatory practices toward cross-border investment in recent years motivated by concerns about national security and related essential concerns. The second section focuses on the new opportunities arising from FDI.
Publisher: OECD Publishing
ISBN: 9264037578
Category :
Languages : en
Pages : 236
Book Description
Contains two analytic sections. The first addresses an apparent growth in discriminatory practices toward cross-border investment in recent years motivated by concerns about national security and related essential concerns. The second section focuses on the new opportunities arising from FDI.