Principles of International Investment Law

Author: Rudolf Dolzer,Christoph Schreuer

Publisher: OUP Oxford

ISBN: 0191632139

Category: Law

Page: 456

View: 3633

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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 vs 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 or practitioners alike.
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General Principles of Law and International Investment Arbitration

Author: Andrea Gattini,Attila Tanzi,Filippo Fontanelli

Publisher: BRILL

ISBN: 9004368388

Category: Law

Page: 476

View: 5458

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In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration. The resulting picture is that of a lively source that escapes doctrinal straitjackets and maintains its relevance.
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International Investment Law. The Sources of Rights and Obligations

Author: Tarcisio Gazzini,Eric De Brabandere

Publisher: Martinus Nijhoff Publishers

ISBN: 9004214305

Category: Law

Page: 337

View: 8654

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Drawing on State practice, arbitral awards and national decisions, this book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction.
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International Investment Law

Reconciling Policy and Principle

Author: Surya P Subedi

Publisher: Bloomsbury Publishing

ISBN: 150990302X

Category: Law

Page: 344

View: 8594

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The third edition of this acclaimed scholarly book offers an up-to-date, critical overview of the law of foreign investment, incorporating a thorough and succinct analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multilayered, 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, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country, on the other.
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The Origins of International Investment Law

Empire, Environment and the Safeguarding of Capital

Author: Kate Miles

Publisher: Cambridge University Press

ISBN: 1107039398

Category: Law

Page: 500

View: 3992

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Examination of the origins of international investment law and their continued resonance in the twenty-first century.
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The Three Laws of International Investment

National, Contractual, and International Frameworks for Foreign Capital

Author: Jeswald W. Salacuse

Publisher: Oxford University Press

ISBN: 0199654565

Category: Business & Economics

Page: 440

View: 5608

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There are three legal frameworks applicable to international investments: the laws of the host state and the investor's country, the contract between the host state and the investor, and the rules of international investment law. This book assesses how these three bodies of law interact in investment agreements and dispute arbitration.
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International Investment Law and Soft Law

Author: Andrea K. Bjorklund,August Reinisch

Publisher: Edward Elgar Publishing

ISBN: 178100322X

Category: Law

Page: 352

View: 6085

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This 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.
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International Investment Law and Comparative Public Law

Author: Stephan W. Schill

Publisher: Oxford University Press

ISBN: 0199589100

Category: Law

Page: 836

View: 3654

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Investment treaty arbitration has a hybrid nature combining public international law (as regards its substance) with elements of international commercial arbitration (mainly as regards procedure). However, in essence and function it deals with a special, internationalised form of judicial review of governmental conduct that is more akin to the judicial control of governmental action provided for by national administrative and constitutional law than to either classic inter-state dispute resolution or international commercial arbitration. This has been recognised in some academic writing and several awards, where reference to national administrative law concepts and principles of international law-based judicial review of governmental action, such as international trade or human rights law, is used to help specify and apply the open-ended concepts of investment treaties. In-depth conceptualization is however often lacking. The current study is the first, pioneering effort to bring these under-developed ad hoc references to comparative and international administrative law concepts into a deeper theoretic and systematic framework. The book thus intends to develop a 'bridge' between treaty-based international investment arbitration and comparative administrative law on both a theoretical and practical level. The major obligations in investment treaties (indirect expropriation, fair and equitable treatment, national treatment, umbrella/sanctity of contract clause) and major procedural principles will be compared with their counterpart in comparative public law, both on the domestic as well as international level. That 'bridge' will allow international investment law to benefit from the comparative public law experience, which could enhance its legitimacy, its political acceptance, and its ability to develop more finely-tuned interpretations of central treaty obligations.
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