The Protection of Legitimate Expectations in International Investment Law
The Protection of Legitimate Expectations in International Investment Law

Author: Marcin Kałduński

Publisher: Wydawnictwo Naukowe Uniwersytetu Mikołaja Kopernika

Published: 2020

Total Pages: 30

ISBN-13: 8323143633

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The book examines the conception of legitimate expectations in international investment law under the fair and equitable treatment. The author examines the purpose, content and elements of legitimate expectations. He also analyses the case law to identify and explain the protection granted to expectations of foreign investors under investment treaties. To this end, the book distinguishes the core elements of legitimate expectations, with particular attention being given both to the conduct of the host State and legitimacy of expectations, and provides a detailed analysis of these issues to consider whether good faith forms the basis for the protection of legitimate expectations. Combining a jurisprudential analysis of the case law arising in international tribunals with a dogmatic and scholar approach, this book offers a thought-provoking study of the protection of legitimate expectations, for students and practitioners alike. This book was prepared by the author in his personal capacity. The opinions expressed in the book are the author’s own and do not reflect the view of any other person or entity. Marcin Kałduński is Professor of International Law at the Nicolaus Copernicus University (Toruń, Poland) and Counsel at the General Counsel to the Republic of Poland. He teaches international law and acts as counsel in investment arbitration.

Handbook of International Investment Law and Policy
Handbook of International Investment Law and Policy

Author: Julien Chaisse

Publisher: Springer

Published: 2021-08-17

Total Pages: 0

ISBN-13: 9789811336140

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The Handbook of International Investment Law and Policy is a one-stop reference source. This Handbook covers the main conceptual questions in a logical, scholarly yet easy to comprehend manner. It is based on a truly global vision insisting particularly on Global South related issues and developments. In this respect, the Handbook of International Investment Law and Policy provides an excellent modern treatment of international investment law which is one of the fastest growing areas of international economic law. Professor Julien Chaisse, Professor Leïla Choukroune, and Professor Sufian Jusoh are the editors-in-chief of the Handbook of International Investment Law and Policy, a 1,500-page reference book, which is anticipated becoming one of the most influenced reference books in the international economic law areas. This Handbook is a highly comprehensive set of four volumes of original materials designed to cover all facets of international investment law and policy. The chapters, written by world-leading experts, explore key ideas and debates in relation to: international investment substantive law (Volume I), Investor-state dispute settlement (Volume II); interaction between international investment law and other fields of international law (Volume III); and, the new trends and challenges for international investment law (Volume IV). The Handbook will feature more than 80 contributions from leading experts (academics, lawyers, government officials), including Vivienne Bath, M. Sornarajah, Mélida Hodgson, Rahul Donde, Roberto Echandi, Andrew Mitchell, Ernst-Ulrich Petersmann, Christina L. Beharry, Krista Nadakavukaren Schefer, Leon Trakman, Prabhash Ranjan, Emmanuel Jacomy, Mariel Dimsey, Stavros Brekoulakis, Romesh Weeramantry, Nathalie Bernasconi-Osterwalder, David Collins, Damilola S. Olawuyi, Katia Fach Gomez, Jaemin Lee, Alejandro Carballo-Leyda, Patrick W. Pearsall, Mark Feldman, Surya Deva, Luke Nottage, Rafael Leal-Arcas, James Nedumpara, Rodrigo Polanco, etc. This Handbook will be an essential reference tool for students and scholars of international economic law. Policy makers and researchers alike will find the Handbook of International Investment Law and Policy useful for years to come.

Justifying The Protection Of Legitimate Expectations In International Investment Law
Justifying The Protection Of Legitimate Expectations In International Investment Law

Author: Caroline Henckels

Publisher:

Published: 2023

Total Pages: 0

ISBN-13:

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This article argues that legal certainty provides the most compelling justification for recognizing legitimate expectations in international investment law, and that the prohibition on arbitrary conduct provides the most persuasive reason for their protection. After considering other rationales for recognizing legitimate expectations, the article analyses the types of government action typically arising in investment cases through the lens of legal certainty, arguing that the strength of the claim for recognizing legitimate expectations depends on the government conduct at issue, with interference with legal rights or formal decisions generating the strongest claim for recognition, and changes to laws generating the weakest claim. The article discusses the prohibition on arbitrary conduct as the relevant touchstone for protecting legitimate expectations, demonstrates that this interpretation accords with recent treaty innovations, and explains how the expected degree of legal certainty correlates with the risk of arbitrariness in relation to different types of government conduct.

Building International Investment Law
Building International Investment Law

Author: Meg Kinnear

Publisher: Kluwer Law International B.V.

Published: 2015-12-22

Total Pages: 778

ISBN-13: 9041161414

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This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by an expert on the chapter’s particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analyzing what the case held, how it has been applied, and its overall significance to the development of international investment law. These topics include: - applicable law; - res judicata in investor-State arbitration; - notion of investment; - investor nationality; - consent to arbitration; - substantive standards of treatment; - consequences of corruption in investor-State arbitration; - State defenses - counter-claims; - assessment of damages and cost considerations; - ICSID Arbitration Rule 41(5) objections; - mass claims, consolidation and parallel proceedings; - provisional measures; - arbitrator challenges; - transparency and amicus curiae; and - annulment. Because the law of international investment continues to grow in importance in an ever globalizing world, this book is more than a fitting way to mark the past fifty years and to welcome the next fifty years of development. It will prove both educational for practitioners new to the field and informative for seasoned investment lawyers. Moreover, the book itself is a landmark that will be of great value to professionals, scholars and students interested in international investment law.

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

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"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.

International Investment Law
International Investment Law

Author: Tarcisio Gazzini

Publisher: Martinus Nijhoff Publishers

Published: 2012-08-22

Total Pages: 363

ISBN-13: 9004214534

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Transnational 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.

International Investment Law
International Investment Law

Author: Surya P Subedi

Publisher: Bloomsbury Publishing

Published: 2024-03-21

Total Pages: 391

ISBN-13: 1509975179

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'...This book [...] goes beyond stating what the law is and focuses on controversies occurring within this area of the law... an excellent introduction to this complex area of international law for newcomers to the subject' Kate Miles, Australian International Law Journal The updated edition of this acclaimed book offers a critical overview of the law of foreign investment, incorporating a thorough analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives. A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to restrict unduly the right of host governments to implement their public policy on the other, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country. Many of the pioneering ideas that were advanced in the first edition of this book have been taken up by governments and international organisations in their attempts to reform the investor-State dispute settlement mechanism and strike a balance between different competing principles in developing international investment law. Accordingly, this fifth edition captures the essence of the ongoing multiple reform processes – either planned or envisaged – currently underway.

International Investment Law and Comparative Public Law
International Investment Law and Comparative Public Law

Author: Stephan W. Schill

Publisher: Oxford University Press

Published: 2010-10-14

Total Pages: 922

ISBN-13: 0199589100

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International 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.

International Investment Law in Context
International Investment Law in Context

Author: August Reinisch

Publisher: Eleven International Publishing

Published: 2008

Total Pages: 217

ISBN-13: 9077596488

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In the last decade, international investment law has developed into one of the core areas of international law. The reason for this development is twofold. The number of cases has increased rapidly. The International Centre for Settlement of Investment Disputes has over a hundred pending cases and there are more before ad hoc tribunals, mostly operating under the United Nations' Commission on International Trade Law Rules. In addition, investment law has addressed a number of novel issues while also coming up with some innovative solutions. This book brings together the papers delivered at the Young Scholars Conference in International Economic Law, which was held at the University of Vienna Law School in June 2007. Under the general topic of "Current Issues and Developments in International Investment Law," the speakers addressed core issues like the definition of investment, legitimate expectations of investors, and the meaning and importance of references to domestic law included in many Bilateral Investment Treaties. Also discussed were topics like the role of investment law in the context of the European Union and its relation to cultural matters, human rights, and other non-investment issues. As international investment law is becoming more and more significant, a book such as this, dedicated to the latest developments in the field, will be of utmost importance to anyone interested in this area of law.