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Author: Stephan W. Schill
Publisher: Cambridge University Press
Published: 2009-08-20
Total Pages: 491
ISBN-13: 0521762367
DOWNLOAD EBOOKThe book argues that international investment law is a structured body of law based on uniform principles of investment protection.
Author: Stephan W. Schill
Publisher: Oxford University Press
Published: 2010-10-14
Total Pages: 922
ISBN-13: 0199589100
DOWNLOAD EBOOKInternational investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.
Author: Chester Brown
Publisher: Cambridge University Press
Published: 2011-11-17
Total Pages: 747
ISBN-13: 1139503618
DOWNLOAD EBOOKInternational investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century - and its exponential growth over the last decade - new levels of complexity, uncertainty and substantive expansion are emerging. States continue to enter into investment treaties and the number of investor-State arbitration claims continues to rise. At the same time, the various participants in investment treaty arbitration are faced with increasingly difficult issues concerning the fundamental character of the investment treaty regime, the role of the actors in international investment law, the new significance of procedure in the settlement of disputes and the emergence of cross-cutting issues. Bringing together established scholars and practitioners, as well as members of a new generation of international investment lawyers, this volume examines these developments and provides a balanced assessment of the challenges being faced in the field.
Author: Arnaud de Nanteuil
Publisher: Edward Elgar Publishing
Published: 2020-02-28
Total Pages: 439
ISBN-13: 1788975898
DOWNLOAD EBOOKThis 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: Andreas Kulick
Publisher: Cambridge University Press
Published: 2012-07-12
Total Pages: 412
ISBN-13: 1139510886
DOWNLOAD EBOOKThe strengths of international investment law - above all, a strong focus on investor interests and an effective adjudication and enforcement system - also entail its weaknesses: it runs the danger of impeding or even sanctioning the host states' legitimate regulatory interests and ignoring other fields of public international law. How does it cope with public interest concerns such as human rights, the environment or the fight against corruption? At the heart of this book lies a fresh approach towards a general theory of such global public interest considerations in the investment realm. Delineating how and why those considerations matter, and why the current system does not accommodate them properly, Andreas Kulick fleshes out general principles and customary international law as defences the host state may raise against alleged investor rights infringements and promotes proportionality as the appropriate balancing mechanism.
Author: Kate Miles
Publisher: Cambridge University Press
Published: 2013-10-24
Total Pages: 499
ISBN-13: 1107039398
DOWNLOAD EBOOKAn examination of the origins of international investment law and their continued resonance in the twenty-first century.
Author: Tarcisio Gazzini
Publisher: Martinus Nijhoff Publishers
Published: 2012-08-22
Total Pages: 363
ISBN-13: 9004214534
DOWNLOAD EBOOKTransnational investment involves a variety of actors (States, public and private legal entities, and natural persons) whose relationships are governed by rules and legal instruments belonging to different legal systems. This book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction. It focuses primarily on the network of over 3,000 Bilateral Investment Treaties, international investment contracts, customary international law, the main multilateral treaties, national legislation, international case law and general principles of law. The book, firmly based on State practice, arbitral awards and national decisions, is indispensable to fully appraise the nature and content of the claims of private investors as well as to identify the law applicable in investment arbitration.
Author: Borzu Sabahi
Publisher: BRILL
Published: 2018-07-17
Total Pages: 70
ISBN-13: 9004363033
DOWNLOAD EBOOKInternational Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution. Particularly, this paper presents a roadmap over the historical context within which investor-State arbitration developed. It provides an overview of the main actors, the protections afforded to foreign investors, the content of modern BITs, and the challenges facing the system today.
Author: Andrea K. Bjorklund
Publisher: Edward Elgar Publishing
Published: 2012-01-01
Total Pages: 345
ISBN-13: 178100322X
DOWNLOAD EBOOKThis 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.
Author: Patrick Dumberry
Publisher: BRILL
Published: 2018-07-17
Total Pages: 88
ISBN-13: 9004366121
DOWNLOAD EBOOKThe 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.
