Basic Documents On International Investment Protection

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Basic Documents on International Investment Protection

Mêaartiņés Paparinskis
Basic Documents on International Investment Protection Book PDF

Author : Mêaartiņés Paparinskis
Publisher : Unknown
Page : 906 pages
File Size : 42,7 Mb
Release : 2020
Category : Electronic books
ISBN : 150990784X

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Basic Documents on International Investment Protection by Mêaartiņés Paparinskis Pdf

"International law of foreign investment is a field of public international law that has attracted considerable attention from practitioners, academics, and policy-makers in the last two decades. Its key characteristic is the extent of substantive and procedural decentralisation: while often sharing certain structural elements, both substantive obligations and mechanisms of international dispute settlement are mostly opposable only between the particular parties, even when expressed in multilateral form. This makes a clear and comprehensive overview of the topic particularly important. The second edition adopts a new structure that better reflects the concurrence of various reform proposals with the fairly stable stratum of instruments that inform the current practice. With this systemic dynamic in mind, the selected documents are divided into three parts: Past, Present, and Future. The Past sets out the legal background to modern investment protection law. The Present provides generalist international law materials (sources and responsibility), a selection of the more important instruments with substantive investment rules, and rules of international dispute settlement regarding investment protection. The Future (new for the second edition) lists a number of possible directions of future development, including a variety of approaches that maintain the traditional procedural kernel of investor-State arbitration as well as proposals for more significant change, with non-State actor involvement in dispute settlement either rejected or moulded into a judicial mechanism. This highly regarded book is aimed at teachers, students, practitioners, and policymakers in the area. It can be used both as a practitioners' handbook and as a classroom companion for courses on international dispute settlement and investment protection law."--

Basic Documents on International Investment Protection

Martins Paparinskis
Basic Documents on International Investment Protection Book PDF

Author : Martins Paparinskis
Publisher : Bloomsbury Publishing
Page : 936 pages
File Size : 44,5 Mb
Release : 2019-05-30
Category : Law
ISBN : 9781509907823

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Basic Documents on International Investment Protection by Martins Paparinskis Pdf

International law of foreign investment is a field of public international law that has attracted considerable attention from practitioners, academics, and policy-makers in the last two decades. Its key characteristic is the extent of substantive and procedural decentralisation: while often sharing certain structural elements, both substantive obligations and mechanisms of international dispute settlement are mostly opposable only between the particular parties, even when expressed in multilateral form. This makes a clear and comprehensive overview of the topic particularly important. The second edition adopts a new structure that better reflects the concurrence of various reform proposals with the fairly stable stratum of instruments that inform the current practice. With this systemic dynamic in mind, the selected documents are divided into three parts: Past, Present, and Future. The Past sets out the legal background to modern investment protection law. The Present provides generalist international law materials (sources and responsibility), a selection of the more important instruments with substantive investment rules, and rules of international dispute settlement regarding investment protection. The Future (new for the second edition) lists a number of possible directions of future development, including a variety of approaches that maintain the traditional procedural kernel of investor-State arbitration as well as proposals for more significant change, with non-State actor involvement in dispute settlement either rejected or moulded into a judicial mechanism. This highly regarded book is aimed at teachers, students, practitioners, and policymakers in the area. It can be used both as a practitioners' handbook and as a classroom companion for courses on international dispute settlement and investment protection law.

International Investment Law and History

Stephan W. Schill,Christian J. Tams,Rainer Hofmann
International Investment Law and History Book PDF

Author : Stephan W. Schill,Christian J. Tams,Rainer Hofmann
Publisher : Edward Elgar Publishing
Page : 400 pages
File Size : 53,5 Mb
Release : 2018
Category : Electronic
ISBN : 9781786439963

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International Investment Law and History by Stephan W. Schill,Christian J. Tams,Rainer Hofmann Pdf

Historiographical approaches in international investment law scholarship are becoming ever more important. This insightful book combines perspectives from a range of expert international law scholars who explore ways in which using a broad variety of methods in historical research can lead to a better understanding of international investment law.

Fair and Equitable Treatment

United Nations Conference on Trade and Development
Fair and Equitable Treatment Book PDF

Author : United Nations Conference on Trade and Development
Publisher : Unknown
Page : 0 pages
File Size : 49,8 Mb
Release : 2012
Category : Discrimination
ISBN : 9211128277

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Fair and Equitable Treatment by United Nations Conference on Trade and Development Pdf

"In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher.

International Investment Law

Arnaud de Nanteuil
International Investment Law Book PDF

Author : Arnaud de Nanteuil
Publisher : Edward Elgar Publishing
Page : 408 pages
File Size : 51,9 Mb
Release : 2020-02-28
Category : Law
ISBN : 9781788975896

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International Investment Law by Arnaud de Nanteuil Pdf

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.

Full Protection and Security in International Investment Law

Sebastián Mantilla Blanco
Full Protection and Security in International Investment Law Book PDF

Author : Sebastián Mantilla Blanco
Publisher : Springer Nature
Page : 698 pages
File Size : 40,5 Mb
Release : 2019-10-24
Category : Law
ISBN : 9783030248383

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Full Protection and Security in International Investment Law by Sebastián Mantilla Blanco Pdf

This book provides a comprehensive study of the standard of ‘full protection and security’ (FPS) in international investment law. Ever since the Germany-Pakistan BIT of 1959, almost every investment agreement has included an FPS clause. FPS claims refer to the most diverse factual settings, from terrorist attacks to measures concerning concession contracts. Still, the FPS standard has received far less scholarly attention than other obligations under international investment law. Filling that gap, this study examines the evolution of FPS from its medieval roots to the modern age, delimits the scope of FPS in customary international law, and analyzes the relationship between FPS and the concept of due diligence in the law of state responsibility. It additionally explores the interpretation and application of FPS clauses, drawing particular attention to the diverse wording used in investment treaties, the role ascribed to custom, and the interplay between FPS and other treaty-based standards. Besides delivering a detailed analysis of the FPS standard, this book also serves as a guide to the relevant sources, providing an overview of numerous legal instruments, examples of state practice, arbitral decisions, and related academic publications about the standard.

International Protection of Investments

August Reinisch,Christoph Schreuer
International Protection of Investments Book PDF

Author : August Reinisch,Christoph Schreuer
Publisher : Cambridge University Press
Page : 1170 pages
File Size : 46,8 Mb
Release : 2020-06-30
Category : Law
ISBN : 1107013585

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International Protection of Investments by August Reinisch,Christoph Schreuer Pdf

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.

Documents in International Economic Law

Christian J. Tams,Christian Tietje
Documents in International Economic Law Book PDF

Author : Christian J. Tams,Christian Tietje
Publisher : Oxford University Press
Page : 758 pages
File Size : 54,6 Mb
Release : 2012-08-30
Category : Business & Economics
ISBN : 9780199658046

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Documents in International Economic Law by Christian J. Tams,Christian Tietje Pdf

Bringing together all the most important treaties and materials in international trade law, investment law, and financial law, this book will be an invaluable resource to both students and practitioners of international economic law.

The Origins of International Investment Law

Kate Miles
The Origins of International Investment Law Book PDF

Author : Kate Miles
Publisher : Cambridge University Press
Page : 499 pages
File Size : 49,5 Mb
Release : 2013-10-24
Category : Law
ISBN : 9781107039391

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The Origins of International Investment Law by Kate Miles Pdf

An examination of the origins of international investment law and their continued resonance in the twenty-first century.

Principles of International Investment Law

Rudolf Dolzer,Ursula Kriebaum,Christoph Schreuer
Principles of International Investment Law Book PDF

Author : Rudolf Dolzer,Ursula Kriebaum,Christoph Schreuer
Publisher : Oxford University Press
Page : 561 pages
File Size : 48,8 Mb
Release : 2022-01-13
Category : Law
ISBN : 9780192672414

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Principles of International Investment Law by Rudolf Dolzer,Ursula Kriebaum,Christoph Schreuer Pdf

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.

Legal Protection of Foreign Direct Investment. A Critical Assessment with Focus on South Africa and Zimbabwe

Talkmore Chidede
Legal Protection of Foreign Direct Investment A Critical Assessment with Focus on South Africa and Zimbabwe Book PDF

Author : Talkmore Chidede
Publisher : Anchor Academic Publishing
Page : 245 pages
File Size : 52,5 Mb
Release : 2016-09
Category : Business & Economics
ISBN : 9783960670506

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Legal Protection of Foreign Direct Investment. A Critical Assessment with Focus on South Africa and Zimbabwe by Talkmore Chidede Pdf

This study undertakes a critical assessment of the legal protection of foreign direct investments (FDI) in South Africa and Zimbabwe by determining their compliance with the international minimum standards, norms and/or best practices on the legal protection of FDI by host states. Firstly, the study argues that foreign investment is much needed in South Africa and Zimbabwe to improve economic growth and development, to create jobs, and to increase their competitiveness. However, these benefits are not accrued automatically but rather host states need to create an enabling environment to receive such benefits. Thus, host states need to put an investment scheme into operation to guarantee the legal protection of foreign investments. South Africa and Zimbabwe have at large crafted and implemented investment laws and related policies which tend to be hostile towards foreign investments. Therefore, similar investment laws and related policies in both jurisdictions are analysed. This study will also offer recommendations for a legal investment which is not only flexible, friendly, and favourable to foreign investment in South Africa and Zimbabwe but also advances their local economic policies.

Most-favoured-nation Treatment

United Nations Conference on Trade and Development
Most favoured nation Treatment Book PDF

Author : United Nations Conference on Trade and Development
Publisher : Unknown
Page : 164 pages
File Size : 44,8 Mb
Release : 2010
Category : Political Science
ISBN : UCBK:C107411463

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Most-favoured-nation Treatment by United Nations Conference on Trade and Development Pdf

The publication contains an explanation of Most Favored Nation (MFN) treatment and some of the key issues that arise in its negotiation, particularly the scope and application of MFN treatment to the liberalization and protection of foreign investors in recent treaty practice. The paper provides policy options as regards the traditional application of MFN treatment and identifies reactions by States to the unexpected broad use of MFN treatment, and provides several drafting options, such as specifying or narrowing down the scope of application of MFN treatment to certain types of activities, clarifying the nature of "treatment" under the IIA, clarifying the comparison that an arbitral tribunal needs to undertake as well as a qualification of the comparison "in like circumstances" or excluding its use in investor-State cases.

Integrating Sustainable Development Into International Investment Agreements

John Anthony VanDuzer,J. Anthony VanDuzer,Penelope Simons,Graham Mayeda
Integrating Sustainable Development Into International Investment Agreements Book PDF

Author : John Anthony VanDuzer,J. Anthony VanDuzer,Penelope Simons,Graham Mayeda
Publisher : Commonwealth Secretariat
Page : 605 pages
File Size : 52,7 Mb
Release : 2013
Category : Business & Economics
ISBN : 9781849290869

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Integrating Sustainable Development Into International Investment Agreements by John Anthony VanDuzer,J. Anthony VanDuzer,Penelope Simons,Graham Mayeda Pdf

This Guide is designed to assist developing countries to negotiate International Investment Agreements (IIAs) that are more effective in promoting their sustainable development. A useful reference tool for developing country negotiators and interested parties.

International Investment Law

Surya P Subedi
International Investment Law Book PDF

Author : Surya P Subedi
Publisher : Bloomsbury Publishing
Page : 391 pages
File Size : 53,8 Mb
Release : 2024-03-21
Category : Law
ISBN : 9781509975174

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International Investment Law by Surya P Subedi Pdf

'...This book [...] goes beyond stating what the law is and focuses on controversies occurring within this area of the law... an excellent introduction to this complex area of international law for newcomers to the subject' Kate Miles, Australian International Law Journal The updated edition of this acclaimed book offers a critical overview of the law of foreign investment, incorporating a thorough analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives. A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to restrict unduly the right of host governments to implement their public policy on the other, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country. Many of the pioneering ideas that were advanced in the first edition of this book have been taken up by governments and international organisations in their attempts to reform the investor-State dispute settlement mechanism and strike a balance between different competing principles in developing international investment law. Accordingly, this fifth edition captures the essence of the ongoing multiple reform processes – either planned or envisaged – currently underway.

EU Human Rights, International Investment Law and Participation

Vivian Kube
EU Human Rights International Investment Law and Participation Book PDF

Author : Vivian Kube
Publisher : Springer
Page : 329 pages
File Size : 42,8 Mb
Release : 2019-08-02
Category : Law
ISBN : 9783030206079

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EU Human Rights, International Investment Law and Participation by Vivian Kube Pdf

This book demonstrates how human rights obligations of the EU foreign constitution can be operationalized in the realm of international economic regulation. The content is divided into three major parts. The first outlines the legal foundations needed for the EU to become a shaper of international investment law, which include the general principles and objectives of EU external policies, the Charter of Fundamental Rights, international human rights and the international investment competences of the EU. The second part demonstrates the current international investment regime’s incompatibility with human rights interests, while the third analyzes two mechanisms stemming from trade Law – ex-ante human rights impact assessments and civil society monitoring bodies – and explores whether they could mitigate the current inequalities in the protection of rights. The potential of these mechanisms, the book argues, lies in their capacity to ensure a comprehensive assessment of all interests at stake, and to empower traditionally marginalized rights-holders to make, shape and contest the international investment regime.