The Impact of Investment Treaty Law on Host States
The Impact of Investment Treaty Law on Host States

Author: Mavluda Sattorova

Publisher: Bloomsbury Publishing

Published: 2018-02-08

Total Pages: 362

ISBN-13: 1509901981

DOWNLOAD EBOOK

Traditionally, international investment law was conceptualised as a set of norms aiming to ensure good governance for foreign investors, in exchange for their capital and know-how. However, the more recent narratives postulate that investment treaties and investor–state arbitration can lead to better governance not just for foreign investors but also for host state communities. Investment treaty law can arguably foster good governance by holding host governments liable for a failure to ensure transparency, stability, predictability and consistency in their dealings with foreign investors. The recent proliferation of such narratives in investment treaty practice, arbitral awards and academic literature raises questions as to their juridical, conceptual and empirical underpinnings. What has propelled good governance from a set of normative ideals to enforceable treaty standards? Does international investment law possess the necessary characteristics to inspire changes at the national level? How do host states respond to investment treaty law? The overarching objective of this monograph is to unpack existing assumptions concerning the effects of international investment law on host states. By combining doctrinal, empirical, comparative analysis and unveiling the emerging 'nationally felt' responses to international investment norms, the book aims to facilitate a more informed understanding of the present contours and the nature of the interplay between international investment norms and national realities.

The Impact of Investment Treaties on Contracts Between Host States and Foreign Investors
The Impact of Investment Treaties on Contracts Between Host States and Foreign Investors

Author: Jan Ole Voss

Publisher: Martinus Nijhoff Publishers

Published: 2010-12-10

Total Pages: 402

ISBN-13: 9004192239

DOWNLOAD EBOOK

In the field of investment treaty arbitration, the co-existence of contracts and treaties has generated an increasingly divided jurisprudence on central aspects of treaty interpretation. This book comprehensively examines the legal problems surrounding the relationship of these two instruments. ?????

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

DOWNLOAD EBOOK

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 Role of the Domestic Law of the Host State in Determining the Jurisdiction Ratione Materiae of Investment Treaty Tribunals
The Role of the Domestic Law of the Host State in Determining the Jurisdiction Ratione Materiae of Investment Treaty Tribunals

Author: Reza Eftekhar

Publisher: Nijhoff International Investme

Published: 2021

Total Pages: 455

ISBN-13: 9789004469594

DOWNLOAD EBOOK

"The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals: The Partial Revival of the Localisation Theory?" focuses on the largely unexplored role of the host state law in determining the jurisdiction ratione materiae of investment treaty tribunals. Given domestic law's essential role in subject-matter jurisdiction issues, and in the light of the broader function of host state law and host state courts in contemporary investment treaty law, the author argues that the dormant "localisation" theory that was raised and defended by developing countries in the 1960s-1970s in the context of foreign investment contract disputes has now been partially revived in the area of investment treaty law. This is a significant milestone in the ongoing discussions on the reform of investment treaty dispute settlement regime"--

Fair and Equitable Treatment
Fair and Equitable Treatment

Author: United Nations Conference on Trade and Development

Publisher:

Published: 2012

Total Pages: 0

ISBN-13: 9789211128277

DOWNLOAD EBOOK

"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.

The Role of the State in Investor-State Arbitration
The Role of the State in Investor-State Arbitration

Author: Shaheeza Lalani

Publisher: Martinus Nijhoff Publishers

Published: 2015-01-08

Total Pages: 506

ISBN-13: 9004282254

DOWNLOAD EBOOK

Edited by Shaheeza Lalani and Rodrigo Polanco Lazo, The Role of the State in Investor-State Arbitration is a collection of contributions from lawyers, arbitrators and political scientists on the development of the concept of the “State” in a field that currently presents an increasing number of controversial disputes: Investor-State Arbitration. The book analyzes the limits of the host State as a regulator, studying issues such as attribution and the role of State-Owned Enterprises and sub-State entities; the changing role of the home State in Investor-State disputes, including its direct participation in Investor-State arbitration and State to State dispute settlement; and the overall role that both home and host States can play in the improvement of Investor-State Dispute Settlement.

International Investment Law
International Investment Law

Author: Arnaud de Nanteuil

Publisher: Edward Elgar Publishing

Published: 2020-02-28

Total Pages: 439

ISBN-13: 1788975898

DOWNLOAD EBOOK

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.

The Political Economy of the Investment Treaty Regime
The Political Economy of the Investment Treaty Regime

Author: Jonathan Bonnitcha

Publisher: Oxford University Press

Published: 2017

Total Pages: 354

ISBN-13: 019871954X

DOWNLOAD EBOOK

Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in international investment arbitration is growing and some developed and developing countries are beginning to revisit their investment treaty policies. The Political Economy of the Investment Treaty Regime synthesises and advances the growing literature on this subject by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, it asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment? Through a concise, but comprehensive, analysis, this book fills in some of the many "blind spots" of academics from different disciplines, and is the first port of call for lawyers, investors, policy-makers, and stakeholders trying to make sense of these critical instruments governing investor-state relations.

The International Rule of Law
The International Rule of Law

Author: Heike Krieger

Publisher:

Published: 2019

Total Pages: 401

ISBN-13: 0198843607

DOWNLOAD EBOOK

Introduction -- Historical perspectives -- Actor-centred perspectives -- System- oriented perspectives -- Justice and legitimacy.