International Investment Law The Sources Of Rights And Obligations PDF Download
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Author | : Tarcisio Gazzini |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 363 |
Release | : 2012-08-22 |
Genre | : Law |
ISBN | : 9004214534 |
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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.
Author | : Tarcisio Gazzini |
Publisher | : |
Total Pages | : 337 |
Release | : 2012 |
Genre | : Commercial treaties |
ISBN | : 9786613909589 |
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Drawing on State practice, arbitral awards and national decisions, this book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction.
Author | : Eric De Brabandere |
Publisher | : BRILL |
Total Pages | : 462 |
Release | : 2021-02-01 |
Genre | : Law |
ISBN | : 9004397663 |
Download Public Participation and Foreign Investment Law Book in PDF, ePub and Kindle
Public Participation and Foreign Investment Law critically discusses the different forms of public participation that can be found or envisaged in foreign investment law. It provides the first systematic treatment of public participation in foreign investment law in its main forms and from different perspectives.
Author | : Eric de Brabandere |
Publisher | : Nijhoff International Investme |
Total Pages | : 448 |
Release | : 2021 |
Genre | : Business & Economics |
ISBN | : 9789004397651 |
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"Public Participation and Foreign Investment Law offers a systematic treatment of public participation from the standpoint of the three main sources of foreign investment law, namely treaties, legislation and contracts. It identifies and critically discusses the different forms of public participation that can be found or envisaged in foreign investment law. From this perspective, the book looks at public participation as vehicle to strike a balance between private and public rights and interests. This book contributes to the understanding of the current forms, level and impact of public participation. It provides indications on how such participation could be enhanced with a view of improving the balance and legitimacy of the legal instrument related to the promotion and protection of foreign investments"--
Author | : M. Sornarajah |
Publisher | : Cambridge University Press |
Total Pages | : 703 |
Release | : 2021-07-01 |
Genre | : Law |
ISBN | : 1108605192 |
Download The International Law on Foreign Investment Book in PDF, ePub and Kindle
The climate surrounding foreign investment law is one of controversy and change, and with implications for human rights and environmental protection, foreign investment law has gained widespread public attention and visibility. This fully updated edition of Sornarajah's classic text offers thought-provoking analysis of the law in historical, political and economic contexts, capturing leading trends and charting the possible course of future developments. It takes into account the newer types of treaties that establish a regulatory space for states and moves away from inflexible investment protection, exploring the newly created defences relating to environment, human rights, indigenous rights and other areas ending the fragmentation of the law. It looks at the current debates on legitimacy of the system and current efforts at reform. Suitable for postgraduate and undergraduate students, The International Law on Foreign Investment is essential reading for anyone specialising in the law of foreign investments.
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 | : Arnaud de Nanteuil |
Publisher | : Edward Elgar Publishing |
Total Pages | : 408 |
Release | : 2020-02-28 |
Genre | : Law |
ISBN | : 1788975898 |
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This comprehensive book provides a complete overview of the international legal system of foreign investment protection, synthesising material from treaties, general international law, contracts and case law to demonstrate a coherent system of investment protection. Through this systematic approach, the book considers all aspects of the discipline, providing a thorough and accessible analysis.
Author | : M. Sornarajah |
Publisher | : Cambridge University Press |
Total Pages | : 555 |
Release | : 2010-05-06 |
Genre | : Law |
ISBN | : 0521763274 |
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This book is a thought-provoking and authoritative text on this fast moving field of international law.
Author | : M. Sornarajah |
Publisher | : Cambridge University Press |
Total Pages | : 641 |
Release | : 2017-08-11 |
Genre | : Law |
ISBN | : 1108293611 |
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Following the Trans-Pacific Partnership (TPP) and Transatlantic Trade and Investment Partnership (TTIP), the demonstrations against investor-state arbitration and the wide discussion during the 2016 US presidential election, the climate surrounding foreign investment law is one of controversy and change, and with implications for human rights and environmental protection, foreign investment law has gained widespread public attention and visibility. Addressing the pressing need to examine foreign investment law in the context of public international law, the role of the multinational corporation in foreign investment and issues of liability for environmental and other damage, this new edition analyses contractual and treaty-based methods of investment protection and examines the effectiveness of bilateral and regional investment treaties. By offering thought-provoking analysis of the law in historical, political and economic contexts, this fully updated edition of Sornarajah's classic text captures leading trends and charts the possible course of future developments. Suitable for postgraduate and undergraduate students, The International Law on Foreign Investment is essential reading for anyone specialising in the law of foreign investments.
Author | : Zena Prodromou |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 313 |
Release | : 2020-08-12 |
Genre | : Law |
ISBN | : 9403520019 |
Download The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes Book in PDF, ePub and Kindle
In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.