Investment Treaty Arbitration And International Law Volume 7 PDF Download
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Author | : Ian A. Laird |
Publisher | : Juris Publishing, Inc. |
Total Pages | : 428 |
Release | : 2014-05-01 |
Genre | : Conflict of laws |
ISBN | : 1937518418 |
Download Investment Treaty Arbitration and International Law - Volume 7 Book in PDF, ePub and Kindle
Is it Time for a Regime Change? Protecting International Energy Investments against Political Risk. The 2013 seventh annual Juris investment arbitration conference put in issue the special role of international energy projects in the development of investor-state arbitration. It is currently one of the most active sectors of investor-state arbitration. The “facts” of the energy sector therefore are particularly well-developed in international jurisprudence. The similarities in the applicable law of investment protection between the energy sector and other sectors tend to hide from view what our panelists repeatedly uncovered: it is the facts of energy disputes that significantly set them apart. The concerns of sovereign dominion over national energy production and the protection of foreign investors in the energy sector against stranding large investments served as a key point of departure for discussions. The four questions that the Conference addressed include: The Energy Sector, Investment Arbitration and the ECT: Carving out a Special Regime? Energy Contracts and BITS – Is it Fair and Equitable to be Under the Umbrella? Mulitparty Investor Disputes in the Energy Sector – Preclusion, Consolidation or Free-For-All? Measure by Measure? Calculating Damages in Energy Disputes The discussion and debate that followed is provided in this book and sure to be of tremendous value to the international business lawyer, litigation specialist or trade and investment law policy expert.
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 | : 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 | : Eric De Brabandere |
Publisher | : Cambridge University Press |
Total Pages | : 265 |
Release | : 2014-09-15 |
Genre | : Law |
ISBN | : 1107066875 |
Download Investment Treaty Arbitration as Public International Law Book in PDF, ePub and Kindle
This book demonstrates how the public international law character of investment treaty arbitration has impacted on the dispute settlement procedure.
Author | : Zachary Douglas |
Publisher | : Cambridge University Press |
Total Pages | : 685 |
Release | : 2009-06-11 |
Genre | : Business & Economics |
ISBN | : 0521855675 |
Download The International Law of Investment Claims Book in PDF, ePub and Kindle
This book is a codification of the principles and rules relating to the prosecution of investment claims.
Author | : G. Matteo Vaccaro-Incisa |
Publisher | : BRILL |
Total Pages | : 437 |
Release | : 2021-04-26 |
Genre | : Law |
ISBN | : 9004443932 |
Download China's Treaty Policy and Practice in International Investment Law and Arbitration Book in PDF, ePub and Kindle
With his comparative and analytical review of China's treaty policy and practice in international investment law, Vaccaro-Incisa draws the most detailed, comprehensive, effective, and objective work ever published on this subject.
Author | : Meg Kinnear |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 778 |
Release | : 2015-12-22 |
Genre | : Law |
ISBN | : 9041161414 |
Download Building International Investment Law Book in PDF, ePub and Kindle
This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by an expert on the chapter’s particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analyzing what the case held, how it has been applied, and its overall significance to the development of international investment law. These topics include: - applicable law; - res judicata in investor-State arbitration; - notion of investment; - investor nationality; - consent to arbitration; - substantive standards of treatment; - consequences of corruption in investor-State arbitration; - State defenses - counter-claims; - assessment of damages and cost considerations; - ICSID Arbitration Rule 41(5) objections; - mass claims, consolidation and parallel proceedings; - provisional measures; - arbitrator challenges; - transparency and amicus curiae; and - annulment. Because the law of international investment continues to grow in importance in an ever globalizing world, this book is more than a fitting way to mark the past fifty years and to welcome the next fifty years of development. It will prove both educational for practitioners new to the field and informative for seasoned investment lawyers. Moreover, the book itself is a landmark that will be of great value to professionals, scholars and students interested in international investment law.
Author | : British Institute of International and Comparative Law |
Publisher | : BIICL |
Total Pages | : 356 |
Release | : 2009 |
Genre | : Business & Economics |
ISBN | : 9781905221127 |
Download Investment Treaty Law Book in PDF, ePub and Kindle
The Investment Treaty Forum of the British Institute of International and Comparative Law brings together eminent practitioners, arbitrators, and academics in the dynamic area of international investment law. Members of the Forum, under the British Institute's auspices, examine and debate the legal and policy issues presented by the increasingly complex web of investment treaties and the disputes that arise under them. The Forum held two conferences in 2007. This present volume compiles the papers presented at the conferences, as well as a transcript of the round-table discussion on the subject of 'precedent' in international investment. Part I of the book is devoted to remedies, compensation, and valuation in international investment disputes. This under-theorized area of law is ripe for further exploration by lawyers and economists, and the papers in this volume present a framework for further inquiry. Part II addresses the jurisprudence emerging from investment arbitration tribunals on issues such as fair and equitable treatment, 'umbrella' clauses, and nationality of claimants. The overarching question addressed by the papers, and by the concluding roundtable, is the relationship of those decisions with general international law and whether or not there is, or should be, a doctrine of precedent in investment treaty arbitration.
Author | : Yulia Levashova |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 278 |
Release | : 2019-07-18 |
Genre | : Law |
ISBN | : 9403510153 |
Download The Right of States to Regulate in International Investment Law Book in PDF, ePub and Kindle
Due to the ongoing recent expansion of public interest issues worldwide, the state’s right to regulate has been recaptured as a prominent concept in international investment law. The fair and equitable treatment (FET) standard provision in the text of an international investment agreement (IIA) has become a detailed clause clarifying the specific obligations of a state towards an investor under the FET standard. However, striking the right balance between the interests of host states and investors in these new treaty formulations has proved to be challenging. This book greatly clarifies the field by offering the in-depth analysis of the application of the state’s right to regulate in relation to FET standard provisions in IIAs and to decisions by arbitral tribunals in FET cases. Recognising that the role of tribunals is to balance the state’s public interests and the interests of the investor when interpreting and applying the FET standard, the author pursues such seminal issues and topics as the following: the legitimacy of the objective of the state’s measure; obligations and responsibilities of investors towards a host state; the nature and impact of a change to a national regulatory framework; special economic and sociopolitical circumstances in a host state; and due diligence and risk assessment as a condition for the protection of an investor’s legitimate expectations. Multiple IIAs concluded by the OECD Member States, as well by Russia and China between the developing countries, and the prominent investment law cases on the FET standard are examined in detail. The analysis pays particular attention to how investment jurisprudence in FET cases has been reflected in such new IIAs as the Comprehensive Economic and Trade Agreement between the European Union (EU) and Canada (CETA), the EU-Vietnam FTA and the EU-Singapore FTA. These case studies demonstrate the evolution of the IIAs’ FET standard provisions and how they balance the application of the FET standard and the state’s right to regulate. Suggestions are provided for drafting formulations of the FET standard that can contribute to achieving such a balance. In the clear light it sheds on the legal conditions under which states may regulate in the public interest and its contribution to the reforms that are currently taking place in the field of international investment law, this book constitutes an exemplary framework to evaluate investment decisions on the FET standard and the right to regulate. It is sure to prove extremely useful for practitioners who work on investment cases, policymakers involved in negotiating and drafting of IIAs, policy advisors of governmental and non-governmental organisations and academics in international investment law.
Author | : Borzu Sabahi |
Publisher | : BRILL |
Total Pages | : 70 |
Release | : 2018-07-17 |
Genre | : Law |
ISBN | : 9004363033 |
Download International Investment Law and Arbitration Book in PDF, ePub and Kindle
International Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution.