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Author | : M. Sornarajah |
Publisher | : Cambridge University Press |
Total Pages | : 555 |
Release | : 2010-05-06 |
Genre | : Law |
ISBN | : 0521763274 |
Download The International Law on Foreign Investment Book in PDF, ePub and Kindle
This book is a thought-provoking and authoritative text on this fast moving field of international law.
Author | : Paul E. Comeaux |
Publisher | : |
Total Pages | : 0 |
Release | : 1997 |
Genre | : Country risk |
ISBN | : 9780379213713 |
Download Protecting Foreign Investment Under International Law Book in PDF, ePub and Kindle
While conditions for foreign investors are generally safer in today's global economy than in previous decades, the issues to consider with regard to political risk go far beyond the obvious. Investors must continue to exercise caution in developing countries or under governments with a history of instability, & even the "safest" countries have certain risks associated with them. The only text available of its kind, this authoritative volume discusses the political risk of expropriation, both direct & indirect, & the various protections that are available under international law to minimize these risks. Plus, detailed references, useful appendices & contact information are provided. Written from the perspective of the practitioner, this text provides: * A review & explanation of the international law regarding political risk * Methods for the investor to reduce exposure to political risk through business structure, contract negotiation, & risk insurance * An explanation of the arbitral, judicial, & political options open to the investor following a taking of the investor's property Topics Covered Include: * International law regarding expropriation * Treaty provisions regarding protection of investment * Contracts with host states * Procuring investment insurance * Diplomacy between the host state & the investor's home state.
Author | : Bajar Scharaw |
Publisher | : Springer |
Total Pages | : 372 |
Release | : 2017-11-07 |
Genre | : Law |
ISBN | : 3319660896 |
Download The Protection of Foreign Investments in Mongolia Book in PDF, ePub and Kindle
This book analyses the adequacy of Mongolia’s legal system for foreign investment protection by conducting a multi-level assessment of international investment treaties, domestic legislation of the host State, and investor-State contracts from an international comparative perspective. The investigation distinguishes between three legal dimensions, each of which offers both substantive legal guarantees for the protection of investments in the host State and provisions for the settlement of investment disputes by arbitration. In the first dimension of Public International Law (PIL), Mongolia is bound by international investment treaties, which offer investors an international law setting. In the second dimension, a special domestic investment law defines the domestic framework for the establishment, promotion and protection of investments, but also for the conclusion of investor-State contracts. These contracts in turn open a third legal dimension, which represents a cross-section through the PIL and domestic-law dimensions of investment protection. Following the development of a multi-level system with legal dimensions that are not isolated but rather interrelated and mutually reinforcing, the book examines whether Mongolia’s international investment treaties and domestic investment law reflect globally shared international and domestic standards of treatment and protection of foreign investments. Lastly, the author inquires whether the domestic laws applicable to investor-State contracts in Mongolia allow investors and the Mongolian Government to agree on protective terms according to the (not uncontroversial) standards of international contract practice.
Author | : Daniel de Andrade Levy |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Business & Economics |
ISBN | : 9789041149619 |
Download Investment Protection in Brazil Book in PDF, ePub and Kindle
"Showing unambiguously that Brazil in fact enjoys a stable legal system which grants foreign direct investment the same material and procedural rights as national direct investment, the contributors to this book provide a truly informative and useful guide for those who work with law and policy in international investment."--Publisher's website
Author | : Karl P Sauvant |
Publisher | : Oxford University Press |
Total Pages | : 795 |
Release | : 2009-03-27 |
Genre | : Law |
ISBN | : 0199745188 |
Download The Effect of Treaties on Foreign Direct Investment Book in PDF, ePub and Kindle
Over the past twenty years, foreign direct investments have spurred widespread liberalization of the foreign direct investment (FDI) regulatory framework. By opening up to foreign investors and encouraging FDI, which could result in increased capital and market access, many countries have improved the operational conditions for foreign affiliates and strengthened standards of treatment and protection. By assuring investors that their investment will be legally protected with closed bilateral investment treaties (BITs) and double taxation treaties (DTTs), this in turn creates greater interest in FDI.
Author | : Moskvan, Dominik |
Publisher | : Edward Elgar Publishing |
Total Pages | : 288 |
Release | : 2022-02-04 |
Genre | : Law |
ISBN | : 1800880383 |
Download Protection of Foreign Investments in an Intra-EU Context Book in PDF, ePub and Kindle
The Achmea judgment revolutionised intra-EU investment protection by declaring intra-EU bilateral investment treaties (intra-EU BITs) incompatible with EU law. This incisive book investigates whether intra-EU foreign investments benefit from this alteration, which discontinued the parallel applicability of intra-EU BITs and EU law in the EU internal market. In addition to comparative legal analysis from an investor perspective, Dominik Moskvan puts forward a proposal for a creation of a permanent intra-EU foreign investment court to ensure a balanced economic development of the EU internal market.
Author | : Aniruddha Rajput |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 248 |
Release | : 2016-04-24 |
Genre | : Law |
ISBN | : 904118614X |
Download Protection of Foreign Investment in India and Investment Treaty Arbitration Book in PDF, ePub and Kindle
India is one of the fastest growing economies and intends to achieve the desired growth with the help of foreign investment. Recently, India terminated all the existing Bilateral Investment Treaties (BITs) and announced to renegotiate them based on the newly issued Model BIT. This book is the first comprehensive commentary and analyses of international investment law with focus on India. It offers detailed examination of India’s legal position in relation to protection of foreign investment and the impact of investment treaty arbitration and related jurisprudence on the country’s governance structures and regulatory framework. Additionally, it reflects upon the political and economic rationales for the policy on foreign investment. Among the matters discussed are the following: • jurisprudence of investment tribunals, with focus on cases where India was a party (White Industries v. India); • impact of the Make in India campaign and other reforms on foreign investment; • requirement of valid entry and operation of foreign investment; • prominent treatment standards such as expropriation, fair and equitable treatment, full protection and security, most favoured nation, and national treatment; • dispute resolution clauses and enforcement of investment arbitration awards; • interaction of protection of foreign investment and the Indian judiciary; and • reasons for India not joining the ICSID Convention. Given India’s position as a hugely influential player in the cross-border movement of capital, with the willingness to ‘change the rules’ on foreign investment and investment treaty arbitration worldwide, this book will prove of immeasurable value to practitioners, legal academics, interested policy makers, multinational corporations and their counsel and others interested in international investment law and India.
Author | : Kate Miles |
Publisher | : Cambridge University Press |
Total Pages | : 499 |
Release | : 2013-10-24 |
Genre | : Law |
ISBN | : 1107039398 |
Download The Origins of International Investment Law Book in PDF, ePub and Kindle
An examination of the origins of international investment law and their continued resonance in the twenty-first century.
Author | : M. Sornarajah |
Publisher | : Cambridge University Press |
Total Pages | : 555 |
Release | : 2010-05-06 |
Genre | : Law |
ISBN | : 1139936441 |
Download The International Law on Foreign Investment Book in PDF, ePub and Kindle
Given recent seismic upheavals in the world's money markets, an updated edition of an authoritative, reliable textbook on the international law of foreign investment has rarely been so timely. Sornarajah's classic text surveys how international law has developed to protect foreign investments by multinational actors and to control any misconduct on their part. It analyses treaty-based methods, examining the effectiveness of bilateral and regional investment treaties. It also considers the reverse flow of investments from emerging industrialising powers such as China and Brazil and explores the retreat from market oriented economics to regulatory controls. By offering thought-provoking analysis of not only the law, but related developments in economics and political sciences, Sornarajah gives immediacy and relevance to the discipline. This book is required reading for all postgraduate and undergraduate international law students specialising in the law of foreign investments.
Author | : Carlos M. Correa |
Publisher | : Zed Books Ltd. |
Total Pages | : 174 |
Release | : 2013-07-04 |
Genre | : Business & Economics |
ISBN | : 1848137605 |
Download Protecting Foreign Investment Book in PDF, ePub and Kindle
Despite the mounting criticism that globalization is encountering, the developed countries continue to lose no opportunity to change the rules of the global economy in their favour, regardless of the impact on developing countries and the poor. This book examines one of the most important instances of this: the rich countries' insistence that the WTO not only launch a new round of world trade negotiations, but that rules which were supposed to be confined to trade issues now be extended by means of new agreements protecting foreign direct investment. What is being proposed would be at the expense of the freedom of developing countries to determine their own policies towards foreign capital in tune with their development policy objectives. The two authors of this book have an intimate knowledge of WTO negotiating processes. They explain in detail the North's relentless determination to give privileged protection to the overseas investments of its transnational corporations. These initiatives have included, inter alia, the OECD's failed MAI initiative, the World Bank-sponsored Multilateral Investment Guarantee Agency, and the WTO's General Agreement on Trade in Services (GATS) and Agreement on Trade-related Investment Measures (TRIMS). The authors spell out their consequences for developing countries. They examine whether there is any real case for a new multilateral framework on investment within the WTO. And they propose various options for developing countries to resist what amounts to a new form of Western protectionism, including how a development dimension could be incorporated in any new agreement, should the member countries of the WTO decide to proceed with negotiations. This book provides invaluable information and analysis for diplomats and trade negotiators, policy makers and scholars, as well as civil society activists concerned with the impact of TNC investments on development.