Law And Practice Of Investment Treaties PDF Download
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| Author | : Andrew Paul Newcombe |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 644 |
| Release | : 2009-01-01 |
| Genre | : Political Science |
| ISBN | : 9041123512 |
Download Law and Practice of Investment Treaties Book in PDF, ePub and Kindle
The book focuses on the substantive protections accorded to investors and investments and on the variations among jurisdictions. Among the many specific issues and topics that arise in the course of the discussion are the following: - problems of transparency and conflict of interest; - the recent growth in IIAs between and among developing nations; - the effect of new model bilateral investment treaties (BITs); - the ability of non-disputing parties to participate in investor-state arbitration; - theories of the interaction of foreign direct investment (FDI) and BITs; - investor-state arbitration as an evasion of public regulatory authority; - the role of investment funds in international investment; - 'fork in the road' provisions; and - institutional versus ad hoc arbitration. International business and other investors will greatly appreciate the in-depth information and insightful guidance in this solidly useful book. It will also be welcomed by jurists and students as a significant milestone in the development of principles in a quickly growing field of practice that is still plagued with inconsistencies.
| Author | : Kenneth J. Vandevelde |
| Publisher | : Oxford University Press |
| Total Pages | : 909 |
| Release | : 2009 |
| Genre | : Law |
| ISBN | : 0195371372 |
Download U.S. International Investment Agreements Book in PDF, ePub and Kindle
Discusses the bilateral investment treaty, or BIT.
| Author | : Nicolás M. Perrone |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 273 |
| Release | : 2021-02-11 |
| Genre | : Law |
| ISBN | : 0198862148 |
Download Investment Treaties and the Legal Imagination Book in PDF, ePub and Kindle
This book brings a new perspective to the subject of international investment law, by tracing the origins of foreign investor rights. It shows how a group of business leaders, bankers, and lawyers in the mid-twentieth century paved the way for our current system of foreign investment relations, and the investor-state dispute settlement mechanism.
| 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 | : Federico Ortino |
| Publisher | : BIICL |
| Total Pages | : 278 |
| Release | : 2007 |
| Genre | : Appellate procedure |
| ISBN | : 1905221088 |
Download Investment Treaty Law Book in PDF, ePub and Kindle
In 2005, as part of its research activities in the field of investment treaty law and arbitration, the Investment Treaty Forum at the British Institute of International and Comparative Law organized two very successful public conferences in London addressing the issues of 'Nationality and Investment Treaty Claims' and 'Fair and Equitable Treatment in Investment Treaty Law.' This publication records the presentations given by very distinguished experts in the field. The first conference addressed a central issue in international law. Nationality sits at the heart of the debate over the rights and participation of private parties in international relations. In international investment law, nationality constitutes one of the central criteria defining the scope of application of international investment agreements such as the International Centre for Settlement of Investment Disputes (ICSID) Convention or the several thousands bilateral investment treaties (BITs) and free trade agreements (FTAs). Topics addressed at the conference include the issue of nationality of physical and legal persons, the requirements for substantive and continuous nationality, as well as the issue of nationality in derivative actions and indirect claims. The second conference dealt with potentially the most important and elusive obligation imposed on States by international investment treaties: the fair and equitable treatment standard. The elements that are usually cited by the case law and by legal scholars in the attempt to describe the meaning of the fair and equitable treatment standard include very broad concepts that are open to differing interpretations depending fundamentally on the perceived objectives of the international investment system. Among the topics addressed at the conference were the application of the fair and equitable treatment standard in customary international law and in investment treaty practice; equivalent standards under domestic administrative law; the relationship between the fair and equitable standard and expropriation; and the relevance of the conduct of the investor in determining a breach of the fair and equitable treatment standard.
| Author | : Yannick Radi |
| Publisher | : Cambridge University Press |
| Total Pages | : 581 |
| Release | : 2020-10-29 |
| Genre | : Law |
| ISBN | : 1107102103 |
Download Rules and Practices of International Investment Law and Arbitration Book in PDF, ePub and Kindle
Offers the most comprehensive, detailed and up-to-date analysis of international investment law and arbitration compared to its competitors.
| Author | : Kenneth J. Vandevelde |
| Publisher | : Oxford University Press |
| Total Pages | : 593 |
| Release | : 2017 |
| Genre | : Law |
| ISBN | : 0190679573 |
Download The First Bilateral Investment Treaties Book in PDF, ePub and Kindle
The First Bilateral Investment Treaties is the first and only history of the U.S. postwar Friendship, Commerce, and Navigation (FCN) treaty program, and focuses on the investment-related provisions of those treaties. The 22 U.S. postwar FCN treaties were the first bilateral investment treaties ever concluded, and nearly all of the core provisions in the modern network of more than 3000 international investment agreements worldwide trace their origin to these FCN treaties. This book explains the original understanding of the language of this vast network of agreements which have been and continue to be the subject of hundreds of international arbitrations and billions of dollars in claims. It is based on a review of some 32,000 pages of negotiating history housed in the National Archives. This book demonstrates that the investment provisions were founded on the New Deal liberalism of the Roosevelt-Truman administrations and were intended to acquire for U.S. companies investing abroad the same protections that foreign investors already received in the United States under the U.S. Constitution. It chronicles the failed U.S. attempt to obtain protection for investment through the proposed International Trade Organization (ITO), providing the first and only history of the investment-related provisions in the ITO Charter. It then shows how the FCN treaties, which dated back to 1776 and originally concerned with establishing trade and maritime relations, were re-conceptualized as investment treaties to provide investment protection bilaterally. This book is also a work of diplomatic history, offering an account of the negotiating history of each of the 22 treaties and describing U.S. negotiating policy and strategy.
| Author | : Zachary Douglas |
| Publisher | : OUP Oxford |
| Total Pages | : 586 |
| Release | : 2014-05-01 |
| Genre | : Law |
| ISBN | : 0191508586 |
Download The Foundations of International Investment Law Book in PDF, ePub and Kindle
International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.
| 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 | : Kenneth J. Vandevelde |
| Publisher | : |
| Total Pages | : 504 |
| Release | : 1992 |
| Genre | : Commercial treaties |
| ISBN | : |
Download United States Investment Treaties Book in PDF, ePub and Kindle
A study of the bilateral investment treaties entered between the United States and developing countries, and more recently, with the emerging nations of Eastern Europe. As of the date of the writing, there were 13 such treaties that had been signed by the United States: Bangladesh, Cameroon, Congo, Egypt, Grenada, Haiti, Morocco, Panama, Poland, Senegal, Tunisia, Turkey, and Zaire. The author reviews and discusses the principal provisions of each of these treaties. Copies of the texts are included in an appendix to the book.
