The Role Of The Domestic Law Of The Host State In Determining The Jurisdiction Ratione Materiae Of Investment Treaty Tribunals PDF Download
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| Author | : Reza Eftekhar |
| Publisher | : BRILL |
| Total Pages | : 422 |
| Release | : 2021-10-05 |
| Genre | : Law |
| ISBN | : 9004469605 |
Download The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals Book in PDF, ePub and Kindle
The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals: The Partial Revival of the Localisation Theory? focuses on the largely unexplored role of the host state law in jurisdiction ratione materiae of investment treaty tribunals. Given domestic law’s essential role in subject-matter jurisdiction, and in light of the broader functions of host state law and host state courts, the author argues that the dormant “localisation” theory has been partially revived in contemporary investment treaty law.
| Author | : Christoph Schreuer (juriste) |
| Publisher | : Cambridge University Press |
| Total Pages | : 1599 |
| Release | : 2009 |
| Genre | : Arbitration and award |
| ISBN | : 0521885590 |
Download The ICSID Convention Book in PDF, ePub and Kindle
This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID).
| Author | : Filippo Fontanelli |
| Publisher | : BRILL |
| Total Pages | : 199 |
| Release | : 2018-03-27 |
| Genre | : Law |
| ISBN | : 9004366490 |
Download Jurisdiction and Admissibility in Investment Arbitration Book in PDF, ePub and Kindle
In this work, Filippo Fontanelli analyses the notions of jurisdiction and admissibility in investment arbitration. The first part takes stock of the arbitration practice. The second part interrogates these notions within the wider theory of international law and reveals the effects of their inherent fuzziness on the work of investment tribunals.
| Author | : Yuliya Chernykh |
| Publisher | : BRILL |
| Total Pages | : 629 |
| Release | : 2022-01-17 |
| Genre | : Law |
| ISBN | : 9004414703 |
Download Contract Interpretation in Investment Treaty Arbitration Book in PDF, ePub and Kindle
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
| Author | : Jose Daniel Amado |
| Publisher | : Cambridge University Press |
| Total Pages | : 221 |
| Release | : 2018-01-11 |
| Genre | : Law |
| ISBN | : 1108415725 |
Download Arbitrating the Conduct of International Investors Book in PDF, ePub and Kindle
This volume shows how investment arbitration may be reformed to achieve both increased investment flows and improved access to justice.
| 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 | : Hélène Ruiz Fabri |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 704 |
| Release | : 2022-05-19 |
| Genre | : Law |
| ISBN | : 1509929053 |
Download International Investment Law Book in PDF, ePub and Kindle
Written by leading experts in the field, this collection offers a critical and comparative analysis of the existing case law on international investment law. The book makes a topical contribution to the existing literature, showing most notably that: (1) international investment law has a longer history than that generally considered and that this history is fundamental to understanding its development; (2) international investment law is crafted today by a large number of actors. These include not only investment arbitrators, but also a variety of international and national courts and tribunals; and (3) the literature and case law in languages other than English and from different legal cultures is essential to grasp the essence of the development of the topic. This book brings together more than 40 experts from different countries and legal traditions and combines conceptual analysis and archival investigation of landmark case law to provide the reader with a fresh and innovative understanding of the breadth of international investment law.
| Author | : Tarcisio Gazzini |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 363 |
| Release | : 2012-08-22 |
| Genre | : Law |
| ISBN | : 9004214534 |
Download International Investment Law Book in PDF, ePub and Kindle
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 | : Metka Potočnik |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 367 |
| Release | : 2019 |
| Genre | : Law |
| ISBN | : 1788971817 |
Download Arbitrating Brands Book in PDF, ePub and Kindle
In light of the controversy of the Philip Morris cases against Australia and Uruguay, this book systematically explores trade marks and brands as foreign direct investment, and in particular their substantive protection under international investment treaties. With the use of various hypothetical examples of devaluation of investments made in brands, the book explores the specifics of arbitrating investment claims arising out of state trade mark regulation. This work aims to establish useful tools in bridging the terminological and analytical gaps between experts in intellectual property law and international investment law.
| Author | : Tobias Ackermann |
| Publisher | : Nijhoff International Investme |
| Total Pages | : 491 |
| Release | : 2020-12-17 |
| Genre | : Business & Economics |
| ISBN | : 9789004442801 |
Download Investments in Conflict Zones Book in PDF, ePub and Kindle
Investments in Conflict Zones' addresses the topical and underexplored role of international investment law in armed conflicts, disputed territories, and 'frozen' conflicts. The edited collection explores how these different conflict situations impact the application and interpretation of international investment law and how the protection of investors can be reconciled with the politically charged circumstances and state interests involved. Written by a selected group of experts from different fields of international law, the volume moves beyond the confines of investment law, offering novel insights on its intersection with the law of armed conflict, human rights law, the law of the sea, general international law and national laws, including those adopted by de facto regimes which lack recognition as states.
