Rethinking Investment Law PDF Download
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| Author | : David Schneiderman |
| Publisher | : Oxford University Press |
| Total Pages | : 273 |
| Release | : 2023-11-16 |
| Genre | : Law |
| ISBN | : 0192698788 |
Download Rethinking Investment Law Book in PDF, ePub and Kindle
There is no denying that the rules and enforcement mechanisms of investment law and arbitration reach deep into the regulatory and policy space of host states. Investment tribunals have the ability to second-guess all variety of state measures and, in doing so, have displayed a remarkable lack of restraint. Despite investment law's muscularity, without equal in international law, the prevailing orthodoxy treats investment law as a defensible and just restraint on government and politics. This volume helps to correct the prevailing view. Rethinking Investment Law illustrates how investment law protections for foreign investors constrains states and over-compensates investors. It offers a more balanced vision of how international law can protect all those affected, not just foreign investors. An expert set of contributors explain both the conventional law and its limitations. Their analysis shows that doctrines, now widely entrenched, in orthodox accounts of investment law could have taken, and could still take, a different turn. They offer a more respectful approach to states' roles and responsibilities to enact laws in the public interest. This text will be an illuminating read for students and academics in areas such as investment law and international economic law. It provides cutting-edge analysis for researchers, practitioners, and students seeking to understand and question the usual standards of treatment under investment treaties.
| Author | : David Schneiderman |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2023 |
| Genre | : Investments |
| ISBN | : 9780192698773 |
Download Rethinking Investment Law Book in PDF, ePub and Kindle
Investment law protections for foreign investors constrain states and compensate investors. With diverse contributions explaining the conventional law and its limitations, 'Rethinking Investment Law' seeks a more balanced vision of how international law can protect individuals in general, not just foreign asset owners.
| Author | : Alvaro Santos |
| Publisher | : Anthem Press |
| Total Pages | : 422 |
| Release | : 2019-06-28 |
| Genre | : Law |
| ISBN | : 1783089741 |
Download World Trade and Investment Law Reimagined Book in PDF, ePub and Kindle
World trade and investment law is in crisis: new and progressive ideas are needed. Rules that facilitated globalization and supported global economic growth are being challenged. A system of global governance that once seemed secure is now at risk as the United States ignores the rules while developing countries struggle to escape restrictions. Some want to tear global institutions and agreements down while others try desperately to maintain the status quo. Rejecting both options, a group of trade and investment law experts from 10 countries, South and North, have joined hands to propose ideas for a new world trade and investment law that would maintain global growth while distributing costs and benefi ts more fairly. Paying special attention to those who have suffered from trade dislocation and to restrictions that have hampered innovative growth strategies in developing countries, they outline a progressive trade and investment law agenda in World Trade and Investment Law Reimagined.
| Author | : Marc I. Steinberg |
| Publisher | : Oxford University Press |
| Total Pages | : 361 |
| Release | : 2021 |
| Genre | : Law |
| ISBN | : 0197583148 |
Download Rethinking Securities Law Book in PDF, ePub and Kindle
"This book focuses on a very timely and important subject that merit s comprehensive analysis: "rethinking" the securities laws, with particular emphasis on the Securities Act and Securities Exchange Act. The system of securities regulation that prevails today in the United States is one that has been formed through piecemeal federal legislation, Securities and Exchange Commission (SEC) in vocation of its administrative authority, and self-regulatory episodic action. As a consequence, the presence of consistent and logical regulation all too often is lacking. In both transactional and litigation settings, with frequency, mandates apply that are erratic and antithetical to sound public policy. Over four decades ago, the American Law Institute (ALI) adopted the ALI Federal Securities Code. The Code has not been enacted by Congress and its prospects are dim. Since that time, no treatise, monograph, or other source comprehensively has focused on this meritorious subject. The objective of this book is to identify the deficiencies that exist under the current regimen, address their failings, provide recommendations for rectifying these deficiencies, and set forth a thorough analysis for remediation in order to prescribe a consistent and sound securities law framework. By undertaking this challenge, the book provides an original and valuable resource for effectuating necessary law reform that should prove beneficial to the integrity of the U.S. capital markets, effective and fair government and private enforcement, and the enhancement of investor protection"--
| Author | : Ana Teresa Tavares-Lehmann |
| Publisher | : Columbia University Press |
| Total Pages | : 369 |
| Release | : 2016-07-12 |
| Genre | : Business & Economics |
| ISBN | : 0231541643 |
Download Rethinking Investment Incentives Book in PDF, ePub and Kindle
Governments often use direct subsidies or tax credits to encourage investment and promote economic growth and other development objectives. Properly designed and implemented, these incentives can advance a wide range of policy objectives (increasing employment, promoting sustainability, and reducing inequality). Yet since design and implementation are complicated, incentives have been associated with rent-seeking and wasteful public spending. This collection illustrates the different types and uses of these initiatives worldwide and examines the institutional steps that extend their value. By combining economic analysis with development impacts, regulatory issues, and policy options, these essays show not only how to increase the mobility of capital so that cities, states, nations, and regions can better attract, direct, and retain investments but also how to craft policy and compromise to ensure incentives endure.
| Author | : Fabio Morosini |
| Publisher | : Cambridge University Press |
| Total Pages | : 321 |
| Release | : 2017-10-26 |
| Genre | : Business & Economics |
| ISBN | : 1107190037 |
Download Reconceptualizing International Investment Law from the Global South Book in PDF, ePub and Kindle
This book shows how the reform in investment regulation contributes to a broader attempt to transform the international economic order.
| Author | : David Schneiderman |
| Publisher | : Oxford University Press |
| Total Pages | : 273 |
| Release | : 2024-02-09 |
| Genre | : Business & Economics |
| ISBN | : 0192871080 |
Download Rethinking Investment Law Book in PDF, ePub and Kindle
There is no denying that the rules and enforcement mechanisms of investment law and arbitration reach deep into the regulatory and policy space of host states. Investment tribunals have the ability to second-guess all variety of state measures and, in doing so, have displayed a remarkable lack of restraint. Despite investment law's muscularity, without equal in international law, the prevailing orthodoxy treats investment law as a defensible and just restraint on government and politics. This volume helps to correct the prevailing view. Rethinking Investment Law illustrates how investment law protections for foreign investors constrains states and over-compensates investors. It offers a more balanced vision of how international law can protect all those affected, not just foreign investors. An expert set of contributors explain both the conventional law and its limitations. Their analysis shows that doctrines, now widely entrenched, in orthodox accounts of investment law could have taken, and could still take, a different turn. They offer a more respectful approach to states' roles and responsibilities to enact laws in the public interest. This text will be an illuminating read for students and academics in areas such as investment law and international economic law. It provides cutting-edge analysis for researchers, practitioners, and students seeking to understand and question the usual standards of treatment under investment treaties.
| Author | : Jose E. Alvarez |
| Publisher | : Oxford University Press |
| Total Pages | : 307 |
| Release | : 2011-04-19 |
| Genre | : Law |
| ISBN | : 0199878161 |
Download The Evolving International Investment Regime Book in PDF, ePub and Kindle
With the growth of the global economy over the past two decades, foreign direct investment (FDI) laws, at both the national and international levels, have undergone rapid development in order to strengthen the protection standards for foreign investors. In terms of international investment law, a network of international investment agreements has arisen as a way to address FDI growth. FDI backlash, reflective of more restrictive regulation, has also emerged. The Evolving International Investment Regime analyzes the existing challenges to the international investment regime, and addresses these challenges going forward. It also examines the dynamics of the international regime, as well as a broader view of the changing global economic reality both in the United States and in other countries. The content for the book is a compendium of articles by leading thinkers, originating from the International Investment Conference "What's New in International Investment Law and Policy?"
| Author | : Qiang Ren |
| Publisher | : Cambridge Scholars Publishing |
| Total Pages | : 286 |
| Release | : 2019-01-17 |
| Genre | : Law |
| ISBN | : 1527526003 |
Download Public Interests in International Investment Law Book in PDF, ePub and Kindle
Are conflicts between the ‘old capitalists’ and ‘new money’ manifest in today’s economy? Are investment treaties, which have traditionally been used to protect capital exporting states, now beginning to cause unwelcome side effects for them? International investment law has long been held as an economic and political instrument in the regime of international investment, with international investment treaties having been concluded to protect foreign investment and investors for a substantial period of time. However, the emerging new economic powers from the Third World are causing this to change. Taking the unique perspective of environmental protection in host states against states’ obligations to protect and promote foreign investments under the existing international investment treaty practice and dispute settlement practices, this book examines this inescapable conflict. This is the first major work in this field to interpret investment treaty provisions by introducing environmental reflection. It offers proposals for rethinking and reshaping the current pro-investor international investment law through taking up broad environmental exceptions.
| Author | : Yenkong Ngangjoh Hodu |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2024-11-26 |
| Genre | : Law |
| ISBN | : 9781526182470 |
Download African Perspectives in International Investment Law Book in PDF, ePub and Kindle
The tremendous growth in foreign direct investment (FDI) in Africa comes at a time when the field of international investment law and arbitration is witnessing a renewal. The investment has led to big business for law firms in the area of investment arbitration and the last decade has witnessed an increased number of investment treaties, proliferating investment disputes, the rise of mega-regional trade agreements and the negotiation of mega-regional infrastructure projects. Yet, while the argument in support of investment treaties as instruments to attract foreign direct investment is highly contested, many African countries are no doubt becoming more aware of the need to reshape the international investment architecture. This volume explores trends in FDI on the African continent, the benefits and challenges that FDI presents for African States, and Africa's participation in the international investment law regime. Featuring contributions from leading African international lawyers, arbitrators, jurists, academics and litigation experts, this landmark volume is the first of its kind to explore African perspectives in international investment law. Hodu and Mbengue bring together non-mainstream approaches to the debate on the nexus between foreign investment and development, addressing key conceptual issues that will define contemporary international investment law for decades to come. With insights and critical comments on the challenges of Africa's foreign investment climate and international investment law, this timely collection is essential reading for academics, students and practitioners alike.
