Nationalization, Natural Resources and International Investment Law

Nationalization, Natural Resources and International Investment Law

Author: Junji Nakagawa

Publisher: Routledge

Published: 2017-07-06

Total Pages: 266

ISBN-13: 1351619306

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Nationalization disputes in natural resources development are among the most disputed issues of international investment law. This book offers a fresh insight into the nature of nationalization disputes in natural resources development and the rules of international investment law governing them by systematically analyzing (1) the content of investment contracts in natural resources development, and (2) the results of nationalization disputes in natural resources development from the perspective of dynamic bargaining theory. Based on the comprehensive and systematic empirical analyses, the book sheds new light on contractual renegotiation and renewal as a hardly known but practically normal solution of nationalization disputes and presents a set of soft law rules governing contractual renegotiation and renewal.


Permanent Sovereignty over Natural Resources

Permanent Sovereignty over Natural Resources

Author: Marc Bungenberg

Publisher: Springer

Published: 2015-04-15

Total Pages: 234

ISBN-13: 3319157388

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Fifty years after the adoption of the Declaration on Permanent Sovereignty over Natural Resources by the General Assembly of the United Nations in December 1962, this volume assesses the evolution of the principle of permanent sovereignty over natural resources into a principle of customary international law as well as related developments. International environmental and human rights law leave unresolved questions regarding the limitations of this principle, e.g. extraterritorial and international influences such as the applicable criminal and tort law, as well as the extraterritorial and international promotion of good governance, including transparency obligations.


Principles of International Investment Law

Principles of International Investment Law

Author: Rudolf Dolzer

Publisher: Oxford University Press

Published: 2022-01-13

Total Pages: 582

ISBN-13: 019267241X

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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.


The Origins of International Investment Law

The Origins of International Investment Law

Author: Kate Miles

Publisher: Cambridge University Press

Published: 2013-10-24

Total Pages: 499

ISBN-13: 1107039398

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An examination of the origins of international investment law and their continued resonance in the twenty-first century.


Power Grab

Power Grab

Author: Paasha Mahdavi

Publisher: Cambridge University Press

Published: 2020-04-02

Total Pages: 277

ISBN-13: 1108478891

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Explores how dictators maintain their grip on power by seizing control of oil, metals, and minerals production.


Taking of Property

Taking of Property

Author: United Nations Conference on Trade and Development

Publisher:

Published: 2000

Total Pages: 94

ISBN-13:

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Examination of the concept of "takings" in the context of international law and international investment agreements. It is an analysis of the law relating to the takings of foreign property by host countries and of the clauses International Investment Agreements' seeking to provide protection against such takings. It deals with the development of the law and considers both what possible protection against governmental interference can be given by international instruments and under what conditions and in which manner a State retains, under international law, the freedom to take action that may affect foreign property in the interests of its economic development.


Sovereignty Over Natural Resources

Sovereignty Over Natural Resources

Author: Nico Schrijver

Publisher: Cambridge University Press

Published: 1997

Total Pages: 488

ISBN-13: 9780521047449

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In modern international law, permanent sovereignty over natural resources has come to entail duties as well as rights. This study analyses the evolution of permanent sovereignty from a political claim to a principle of international law, and examines its significance for a number of controversial issues such as peoples' rights, nationalization and environmental conservation. Although political discussion has long focused on the rights arising from permanent sovereignty, Dr. Schrijver argues that this has been at the expense of the consideration of the corollary obligations in also entails. His book thus identifies new directions sovereignty over natural resources has taken in an increasingly interdependednt world and demonstrates its relevance to current debate on foriegn-investment regulation, the environment, and sustainable development -- Back cover.


Resource Nationalism in International Investment Law

Resource Nationalism in International Investment Law

Author: Sangwani Patrick Ng’ambi

Publisher: Routledge

Published: 2015-11-06

Total Pages: 202

ISBN-13: 1317360141

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Foreign direct investment in the natural resource industries is fostered through the signing of concession agreements between the host State and the investor. However, such concessions are susceptible to alteration by the host State, meaning that many investors now require the insertion of stabilization clauses. These are provisions that require the host State to agree that they will not take any administrative or legislative action that would adversely affect the rights of the investor. Arguing that it is necessary to have some form of flexibility in concession agreements while still offering protection of the legitimate expectations of the investor, Resource Nationalism in International Investment Law proposes the insertion of renegotiation clauses in order to foster flexible relationships between the investor and the host State. Such clauses bind the parties to renegotiate the terms of the contract, in good faith, when prevailing circumstances change. However these clauses can also prove problematic for both State and investor due to their rigidity. Using Zambia as a case study, it highlights the limitations of the efficient breach theory to emphasise the need for contractual flexibility.


New Economic Order and International Development Law

New Economic Order and International Development Law

Author: Oswaldo De Rivero B.

Publisher: Elsevier

Published: 2014-05-19

Total Pages: 159

ISBN-13: 1483154432

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New Economic Order and International Development Law focuses on the legal doctrines for controlling the relations between the economies of the South and the North. The manuscript first offers information on the crisis of the international economic order as a factor in the establishment of international development law, including the rejection of the classical theory of international trade by developing countries and the formulation of a set of special rules for developing countries. The book also takes a look at the removal of economic reciprocity and adoption of unilateral commercial obligations in favor of developing countries and suspension of the most-favored-nation clause and trade preferences in favor of developing countries. The publication elaborates on the acceptance of the clause of ""non-reciprocity"" in trade negotiations between developed and developing countries and clauses in favor of economic and social development in commodity agreements. The text also ponders on the establishment of machinery for solving trade disputes between developed and developing countries; trade and co-operation agreements between socialist and developing countries; and rules relating to private foreign investment. The manuscript is a vital reference for readers and economists interested in international development law and economic order.


The Space Treaties at Crossroads

The Space Treaties at Crossroads

Author: George D. Kyriakopoulos

Publisher: Springer

Published: 2019-02-18

Total Pages: 203

ISBN-13: 3030014797

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This contributed volume addresses the future development of space law in light of our ever-growing space activities, the multiplicity of new space actors and the challenges posed by novel space technologies. Unlike existing space law literature, it sets its sights on the future, envisaging how space law could and should evolve in coming decades. Written by experienced professors, academics and practitioners in the field, this edited volume constitutes a valuable tool for understanding the current state of space law, the challenges it is called upon to address and the new phase it is about to enter. In addition, this book initiates a discussion de lege ferenda, addressing the letter and spirit of space law in the world of modern and future space activities. These papers were presented at “The Space Treaties at Crossroads: Considerations de lege ferenda,” held on August 28 to 29, 2015, in Athens, Greece. The conference was jointly organized by the National and Kapodistrian University of Athens and the Institute of Air and Space Law of McGill University