Regulatory Freedom And Indirect Expropriation In Investment Arbitration PDF Download
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Author | : Aniruddha Rajput |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 250 |
Release | : 2018-12-20 |
Genre | : Law |
ISBN | : 9403506253 |
Download Regulatory Freedom and Indirect Expropriation in Investment Arbitration Book in PDF, ePub and Kindle
Many investment arbitration cases involve a challenge to a regulatory measure of a host state on the basis of indirect expropriation. The practice of arbitral tribunals is diverse and unsettled. In recent years States have been trying to clarify the relationship between regulatory freedom (also known as 'police powers') and indirect expropriation by revising provisions on indirect expropriation in their investment treaties. This book provides the first focused analysis of indirect expropriation and regulatory freedom, drawing on a broad range of the jurisprudence of investment tribunals. The nature of regulatory freedom in international law has been explained on the bases of jurisprudence of international courts and tribunals such as the International Court of Justice (ICJ), Permanent Court of International Justice (PCIJ), dispute resolution bodies of the World Trade Organisation (WTO), European Court of Human Rights. While showing how cases involving standoff between regulatory freedom and indirect expropriation can be resolved in practice, the book goes on to present a conceptual framework for interpreting the nuances of this relationship. The book provides a detailed responses to the following complex questions: • To what extent do states retain regulatory freedom after entering into investment treaties? • What is the scope of regulatory freedom in general public international law? • What are the elements of regulatory freedom and standard of review? • How to draw a dividing line between regulatory freedom and indirect expropriation? • Whether the sole effects doctrine or the police powers is the appropriate method for distinguishing between regulatory freedom and indirect expropriation? While addressing these questions, the author analyses different theoretical approaches that reflect upon the relationship between regulatory freedom and indirect expropriation and how far they assist in understanding these potentially overlapping concepts; their relationship with each other; and the method for distinguishing between them. Given the dense network of around three thousand bilateral investment treaties (BITs) that impose an obligation to protect foreign investments in a State, this book will help practitioners identify, through analysis of cases from diverse fields, how a situation may be categorized either as regulatory freedom or as indirect expropriation. The analysis will also be of value to government officials and lawyers involved in negotiating and re-negotiating investment treaties, and to arbitrators who have to decide these issues. Scholars will welcome the book's keen insight into the contentious relationship between a customary international law norm and a treaty norm.
Author | : Johanne M. Cox |
Publisher | : Oxford University Press, USA |
Total Pages | : 0 |
Release | : 2019 |
Genre | : Law |
ISBN | : 9780198804918 |
Download Expropriation in Investment Treaty Arbitration Book in PDF, ePub and Kindle
In recent years, there has been a marked increase in the number of investors seeking compensation from states perceived to have expropriated their projects. Part of the Oxford International Arbitration Series, this book provides a comprehensive guide to expropriation and how it is applied in practice. The book begins by introducing the law of expropriation from a historical standpoint, charting some of the key decisions in the history of expropriation and how it has evolved to become an accepted principle in international law today. It then proceeds to offer a detailed examination of existing case law, from which common substantive principles of the international law on expropriation are drawn out. Relevant international cases from the ICJ, ECHR, Iran-US Tribunal, ICSID, NAFTA, and the ECT are considered to complement the focus on investment treaty arbitration. The book also examines the interplay between expropriation and other standards of treaty protection, namely fair and equitable treatment. The final chapters comment on current trends and assess the relevance of expropriation in the present day.
Author | : Andrea Gattini |
Publisher | : BRILL |
Total Pages | : 475 |
Release | : 2018-06-01 |
Genre | : Law |
ISBN | : 9004368388 |
Download General Principles of Law and International Investment Arbitration Book in PDF, ePub and Kindle
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.
Author | : August Reinisch |
Publisher | : Cambridge University Press |
Total Pages | : 1633 |
Release | : 2020-07-16 |
Genre | : Law |
ISBN | : 1108882706 |
Download International Protection of Investments Book in PDF, ePub and Kindle
This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.
Author | : Filip Balcerzak |
Publisher | : BRILL |
Total Pages | : 331 |
Release | : 2017-08-14 |
Genre | : Law |
ISBN | : 9004339000 |
Download Investor – State Arbitration and Human Rights Book in PDF, ePub and Kindle
In Investor – state arbitration and human rights Filip Balcerzak examines the interrelations between human rights and international investment law. He discusses the place of human rights arguments in the course of arbitral proceedings based on investment treaties.
Author | : Santiago Montt |
Publisher | : Bloomsbury Publishing |
Total Pages | : 460 |
Release | : 2009-11-30 |
Genre | : Law |
ISBN | : 1847315488 |
Download State Liability in Investment Treaty Arbitration Book in PDF, ePub and Kindle
Today there are more than 2,500 bilateral investment treaties (BITs) around the world. Most of these investment protection treaties offer foreign investors a direct cause of action to claim damages against host-states before international arbitral tribunals. This procedure, together with the requirement of compensation in indirect expropriations and the fair and equitable treatment standard, have transformed the way we think about state liability in international law. We live in the BIT generation, a world where BITs define the scope and conditions according to which states are economically accountable for the consequences of regulatory change and administrative action. Investment arbitration in the BIT generation carries new functions which pose unprecedented normative challenges, such as the arbitral bodies established to resolve investor/state disputes defining the relationship between property rights and the public interest. They also review state action for arbitrariness, and define the proper tests under which that review should proceed. State Liability in Investment Treaty Arbitration is an interdisciplinary work, aimed at academics and practitioners, which focuses on five key dimensions of BIT arbitration. First, it analyses the past practice of state responsibility for injuries to aliens, placing the BIT generation in historical perspective. Second, it develops a descriptive law-and-economics model that explains the proliferation of BITs, and why they are all worded so similarly. Third, it addresses the legitimacy deficits of this new form of dispute settlement, weighing its potential advantages and democratic shortfalls. Fourth, it gives a comparative overview of the universal tension between property rights and the public interest, and the problems and challenges associated with liability grounded in illegal and arbitrary state action. Finally, it presents a detailed legal study of the current state of BIT jurisprudence regarding indirect expropriations and the fair and equitable treatment clause. This title is included in Bloomsbury Professional's International Arbitration online service.
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 | : Jürgen Kurtz |
Publisher | : Cambridge University Press |
Total Pages | : 327 |
Release | : 2016-01-25 |
Genre | : Law |
ISBN | : 1107009707 |
Download The WTO and International Investment Law Book in PDF, ePub and Kindle
Jürgen Kurtz provides a theoretically grounded and doctrinally tractable framework to understand the relationship between international trade and investment law.
Author | : Marc Bungenberg |
Publisher | : Hart Pub Limited |
Total Pages | : 2000 |
Release | : 2014-11-30 |
Genre | : Law |
ISBN | : 9781849463638 |
Download International Investment Law Book in PDF, ePub and Kindle
International investment law is a subject of growing importance and complexity. Anyone interested in international investment law will appreciate the comprehensive, thoughtful and detailed exploration of this area which this distinguished group of German scholars have provided.
Author | : Aikaterini Titi |
Publisher | : |
Total Pages | : 376 |
Release | : 2014-04-30 |
Genre | : Capital investments |
ISBN | : 9783848710621 |
Download The Right to Regulate in International Investment Law Book in PDF, ePub and Kindle
La 4e de couverture indique : "Since the inception of the international investment law system, investment promotion and protection have been the raison d'être of investment treaties and states have confined their policy space in order to attract foreign investment and protect their investors abroad. Languishing in relative obscurity until recently, the right to regulate has gradually come to the spotlight as a key component of negotiations on new generation investment agreements around the globe. States and regional organisations, including, notably, the European Union and the United States, have started to examine ways in which to safeguard their regulatory power and guide - and delimit - the interpretive power of arbitral tribunals, by reserving their right to pursue specific public policy objectives. The monograph explores the status quo of the right to regulate, in order to offer an appraisal and a reference tool for treatymakers, thus contributing to a better understanding of the concept and the broader discourse on how to enhance the investment law system's legitimacy."