Investment Treaty Arbitration And Public Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Investment Treaty Arbitration And Public Law PDF full book. Access full book title Investment Treaty Arbitration And Public Law.
| Author | : Gus Van Harten |
| Publisher | : Oxford University Press on Demand |
| Total Pages | : 214 |
| Release | : 2008 |
| Genre | : Business & Economics |
| ISBN | : 9780199552146 |
Download Investment Treaty Arbitration and Public Law Book in PDF, ePub and Kindle
The recent explosion of investment treaty arbitration marks a revolutionary change in both international and public law, above all because it demonstrates how states have unwittingly privatized key powers of the courts in public law. This book outlines investment treaty arbitration as a public law system, by precisely demonstrating the significance of giving arbitrators comprehensive jurisdiction to decide regulatory disputes between business and state. In doing so, it exposes some startling consequences of transplanting rules of commercial arbitration into the regulatory sphere. First, private arbitrators can award compensation to investors in ways that go well beyond domestic systems of state liability in public law. Second, these awards can be enforced in as many as 165 countries, making them more widely enforceable than other judicial decisions in public law. Third, public law can be interpreted in private as a matter of course, without any appeal to a court to correct errors of law. The conflict between private arbitration and public law poses a serious challenge to open and accountable judging. But the critical flaw of the system - hitherto neglected - is its threat to judicial independence based on security of tenure. Under investment treaties, business claims against the state are decided by privately-contracted adjudicators, who win appointments only as more claims are brought. Thus, as the book explains, the 'judge' has a financial stake in how public law is interpreted and in the outcome of the dispute. While it is laudable to use international adjudication to resolve controversial disputes, the benefits of a global economy are no excuse for corrupting our historic tradition of independent courts.
| Author | : Eric De Brabandere |
| Publisher | : Cambridge University Press |
| Total Pages | : 265 |
| Release | : 2014-09-15 |
| Genre | : Law |
| ISBN | : 1107066875 |
Download Investment Treaty Arbitration as Public International Law Book in PDF, ePub and Kindle
This book demonstrates how the public international law character of investment treaty arbitration has impacted on the dispute settlement procedure.
| Author | : Stephan W. Schill |
| Publisher | : Oxford University Press |
| Total Pages | : 922 |
| Release | : 2010-10-14 |
| Genre | : Law |
| ISBN | : 0199589100 |
Download International Investment Law and Comparative Public Law Book in PDF, ePub and Kindle
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.
| Author | : Ian A. Laird |
| Publisher | : Juris Publishing, Inc. |
| Total Pages | : 417 |
| Release | : 2015-03-01 |
| Genre | : Conflict of laws |
| ISBN | : 1937518698 |
Download Investment Treaty Arbitration and International Law - Volume 8 Book in PDF, ePub and Kindle
This volume contains the papers and proceedings of the eighth annual Juris Conference addressing new developments in investment treaty arbitration with a focus on the fundamental issues that have drawn some of the greatest controversies in the jurisprudence over the past few years. The four topics addressed in this book include: Challenges to Arbitrators: Should the Challenge Process Be Overhauled?New Developments in Definition of "Investment": What Is the Role of the Concept of "Property" in Investment Arbitration?Is Investment Treaty Arbitration a Mechanism to Second-guess Governments' Exercise of Administrative Discretion: Public Law or Lex Investoria?Awarding Damages: Proportionality, Contributory Fault, and Arbitral Tribunals' Discretion or Toss of a Coin? Contributors: Meriam N. Alrashid Paul Barker Julie Bédard Alexander Bĕlohlávek Amal Bouchenaki Mark N. Bravin Kate Brown de Vejar Julián Cárdenas Garcia Tina Cicchetti Robert A. DeRise Paolo Di Rosa James Egerton-Vernon Timothy L. Foden George K. Foster John Y. Gotanda George Kahale III Jonathan S. Kallmer Joshua Karton Matthew S. Kronby Pablo D. López Zadicoff Juan Felipe Merizalde Urdaneta Craig Miles Caline Mouawad Timothy G. Nelson Michael Nolan Eloïse Obadia Sirshar Qureshi Charles E. Roh Charles B. Rosenberg Margarita R. Sánchez Matthew D. Slater Fernando A. Tupa Janet M. Whittaker
| Author | : Rudolf Dolzer |
| Publisher | : Oxford University Press |
| Total Pages | : 561 |
| Release | : 2022-01-13 |
| Genre | : Law |
| ISBN | : 019267241X |
Download Principles of International Investment Law Book in PDF, ePub and Kindle
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.
| Author | : Chester Brown |
| Publisher | : Cambridge University Press |
| Total Pages | : 747 |
| Release | : 2011-11-17 |
| Genre | : Law |
| ISBN | : 1139503618 |
Download Evolution in Investment Treaty Law and Arbitration Book in PDF, ePub and Kindle
International 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 | : Jonathan Bonnitcha |
| Publisher | : Oxford University Press |
| Total Pages | : 354 |
| Release | : 2017 |
| Genre | : Business & Economics |
| ISBN | : 019871954X |
Download The Political Economy of the Investment Treaty Regime Book in PDF, ePub and Kindle
Investment treaties are some of the most controversial instruments of global economic governance. This book integrates legal, economic, and political perspectives to offer the first comprehensive analysis of the political economy of the investment treaty regime, and contextualises the investment treaty regime in its broader socio-economic context.
| Author | : Maximilian Clasmeier |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 290 |
| Release | : 2017-01-01 |
| Genre | : Law |
| ISBN | : 9041183582 |
Download Arbitral Awards as Investments Book in PDF, ePub and Kindle
The rise of international investment arbitration has resulted in the emergence of a number of intriguing legal and political challenges. One of those is the question of whether or not arbitral awards may constitute investments pursuant to existing investment treaties. In approaching the problem, it is the interconnection between theory and practice that delivers solutions. This book presents the first detailed analysis of the existing tribunals’ approaches to date. In examining the principles of treaty interpretation, their application in arbitral practice, shortcomings and their ramifications and possible routes to improvement, the book addresses the following questions: - What is the foundation of interpretation in public international law and when is it adequately carried out? - Can arbitral awards constitute investments, offering relief from frustrated enforcement attempts? - Is there a trend of convergence of commercial and investment arbitration? - Do respective interpretative outcomes stem from adequate interpretation? - What are the ramifications, if interpretation is not fully adequate? - What are the feasible routes to greater interpretive discipline? The book is mindful of the underlying public international law principles, such as state sovereignty and the increasing legal and political dynamics of international investment law. This is the first in-depth treatise on arbitral awards’ qualification as investments within international investment law. Its detailed analysis of the interpretive approaches, their foundation and consequences will, from a theoretical and practical point of view, prove of great value to international tribunals, counsel and sovereign entities. Maximilian Clasmeier has gained international arbitration experience in the dispute resolution practices of international law firms in Frankfurt, Düsseldorf and Singapore and worked for the World Bank Group in Washington, D.C.
| Author | : Yves Derains |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 362 |
| Release | : 2018-10-17 |
| Genre | : Law |
| ISBN | : 9041184015 |
Download Introduction to Investor-State Arbitration Book in PDF, ePub and Kindle
Today thousands of investors act globally in markets providing services, technology or capital in countries all around the world. This activity can be peacefully accomplished when both the investor and the host State know that the disputes will be resolved under the aegis of the investor-State arbitration regime, wherein an investor is provided with a direct right of action against a State, most commonly stemming from a bilateral or multilateral investment treaty. This book approaches the substantive and sometimes difficult concepts of investor-State arbitration in a clear and concise explanatory fashion. In the course of acquainting the reader with the basic legal concepts and policies of the regime, the authors address such issues as the following: • consent to jurisdiction; • State responsibility; • possible conflict of interests; • mechanisms for reviewing an award; • damages and costs; and • enforcement. The book examines a number of arbitration procedures arising from various perspectives with differing underlying assumptions while highlighting important cases. Given that investor-State arbitration is now under the public watch and facing many challenges, this remarkably clear and concise overview of the regime will prove to be of great value to in-house counsel and other practitioners, as well as to government policymakers and students.x`
| Author | : Tarcisio Gazzini |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 363 |
| Release | : 2012-08-22 |
| Genre | : Law |
| ISBN | : 9004214534 |
Download International Investment Law Book in PDF, ePub and Kindle
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.
