Investment Treaties and the Legal Imagination

Investment Treaties and the Legal Imagination PDF Author: Nicolás M. Perrone
Publisher:
ISBN: 9780191894831
Category : Commercial treaties
Languages : en
Pages : 242

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Book Description
This book brings a new perspective to the subject of international investment law, by tracing the origins of foreign investor rights. It shows how a group of business leaders, bankers, and lawyers in the mid-twentieth century paved the way for our current system of foreign investment relations, and the investor-state dispute settlement mechanism.

Investment Treaties and the Legal Imagination

Investment Treaties and the Legal Imagination PDF Author: Nicolás M. Perrone
Publisher:
ISBN: 9780191894831
Category : Commercial treaties
Languages : en
Pages : 242

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Book Description
This book brings a new perspective to the subject of international investment law, by tracing the origins of foreign investor rights. It shows how a group of business leaders, bankers, and lawyers in the mid-twentieth century paved the way for our current system of foreign investment relations, and the investor-state dispute settlement mechanism.

Investment Treaties and the Legal Imagination

Investment Treaties and the Legal Imagination PDF Author: Nicolás M. Perrone
Publisher: Oxford University Press, USA
ISBN: 0198862148
Category : Law
Languages : en
Pages : 273

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Book Description
This book brings a new perspective to the subject of international investment law, by tracing the origins of foreign investor rights. It shows how a group of business leaders, bankers, and lawyers in the mid-twentieth century paved the way for our current system of foreign investment relations, and the investor-state dispute settlement mechanism.

Principles of International Investment Law

Principles of International Investment Law PDF Author: Rudolf Dolzer
Publisher: Oxford University Press
ISBN: 019267241X
Category : Law
Languages : en
Pages : 561

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Book Description
This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor-State arbitration. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students, scholars, and practitioners alike.

Investment Treaties and the Legal Imagination

Investment Treaties and the Legal Imagination PDF Author: Nicolás M. Perrone
Publisher: Oxford University Press
ISBN: 0192606751
Category : Law
Languages : en
Pages : 273

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Book Description
Foreign investors have a privileged position under investment treaties. They enjoy strong rights, have no obligations, and can rely on a highly efficient enforcement mechanism: investor-state dispute settlement (ISDS). Unsurprisingly, this extraordinary status has made international investment law one of the most controversial areas of the global economic order. This book sheds new light on the topic, by showing that foreign investor rights are not the result of unpredicted arbitral interpretations, but rather the outcome of a world-making project realized by a coalition of business leaders, bankers, and their lawyers in the 1950s and 1960s. Some initiatives that these figures planned for did not emerge, such as a multilateral investment convention, but they were successful in developing a legal imagination that gradually occupied the space of international investment law. They sought not only to set up a dispute settlement mechanism but also to create a platform to ground their vision of foreign investment relations. Tracing their normative project from the post-World War II period, this book shows that the legal imagination of these business leaders, bankers, and lawyers is remarkably similar to present ISDS practice. Common to both is what they protect, such as foreign investors' legitimate expectations, as well as what they silence or make invisible. Ultimate, this book argues that our canon of imagination, of adjustment and potential reform, remains closely associated with this world-making project of the 1950s and 1960s.

U.S. International Investment Agreements

U.S. International Investment Agreements PDF Author: Kenneth J. Vandevelde
Publisher:
ISBN:
Category : Arbitration agreements, Commercial
Languages : en
Pages : 916

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Book Description
U.S. International Investment Agreements is the definitive interpretative guide to the United States' bilateral investment treaties (BITs) and free trade agreements (FTAs) with investment chapters. Providing an authoritative look at the development of the BIT program, treatment provisions,expropriation, and other provisions, Kenneth J. Vandevelde draws on his years of investment treaty and agreement expertise as both a former practitioner and a scholar. This unique and well-organized book analyzes the development of U.S. international investment agreement language and strategy withintheir historical context. It also explains the newest changes to the model negotiating text (US Model BIT 2004) and additional treaties.

The Evolving International Investment Regime

The Evolving International Investment Regime PDF Author: Jose E. Alvarez
Publisher: Oxford University Press
ISBN: 0199878161
Category : Law
Languages : en
Pages : 308

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Book Description
With the growth of the global economy over the past two decades, foreign direct investment (FDI) laws, at both the national and international levels, have undergone rapid development in order to strengthen the protection standards for foreign investors. In terms of international investment law, a network of international investment agreements has arisen as a way to address FDI growth. FDI backlash, reflective of more restrictive regulation, has also emerged. The Evolving International Investment Regime analyzes the existing challenges to the international investment regime, and addresses these challenges going forward. It also examines the dynamics of the international regime, as well as a broader view of the changing global economic reality both in the United States and in other countries. The content for the book is a compendium of articles by leading thinkers, originating from the International Investment Conference "What's New in International Investment Law and Policy?"

The Oxford Handbook of Transnational Law

The Oxford Handbook of Transnational Law PDF Author: Peer Zumbansen
Publisher: Oxford University Press
ISBN: 0197547419
Category : Law
Languages : en
Pages : 1246

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Book Description
A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.

Investors’ International Law

Investors’ International Law PDF Author: Jean Ho
Publisher: Bloomsbury Publishing
ISBN: 1509937927
Category : Law
Languages : en
Pages : 432

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Book Description
This book is the first book-length analysis of investor accountability under general and customary international law, international human rights law, international environmental law, international humanitarian law, as well as international investment law. International investment law is currently facing growing criticisms for its failure to address corruption, abuse, environmental damage, and other forms of investor misconduct. Reform initiatives range from the rejection of international law as a governing regime for investors, to the dramatic overhaul of investment treaties that supposedly enable investor overprotection, to the creation of a multilateral international instrument that would enable the litigation of claims against errant businesses before an international tribunal. Whether these initiatives succeed in disciplining investors remains to be seen. What these initiatives undeniably show however, is that change is warranted to counteract this lopsided investors' international law. Each chapter in the book addresses a different and underexplored dimension of investor accountability, thus offering a novel and consolidated study of international law. The book will be of immense assistance to legal practitioners, academics and policy makers involved in the design, drafting, application and reform of various international instruments addressing investor accountability.

Public Actors in International Investment Law

Public Actors in International Investment Law PDF Author: Catharine Titi
Publisher: Springer Nature
ISBN: 3030589161
Category : Conflict management
Languages : en
Pages : 205

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Book Description
This open access book focuses on public actors with a role in the settlement of investment disputes. Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.

African Perspectives in International Investment Law

African Perspectives in International Investment Law PDF Author: Yenkong Ngangjoh-Hodu
Publisher:
ISBN: 9781526161031
Category : Investments
Languages : en
Pages : 304

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Book Description
This text discusses trends in foreign direct investment in the African continent, the benefits and challenges that it presents for African states, and Africa's participation in the international investment law regime more generally.