Commentaries On Selected Model Investment Treaties

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Commentaries on Selected Model Investment Treaties

Chester Brown
Commentaries on Selected Model Investment Treaties Book PDF

Author : Chester Brown
Publisher : OUP Oxford
Page : 990 pages
File Size : 47,8 Mb
Release : 2013-01-17
Category : Law
ISBN : 9780191651977

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Commentaries on Selected Model Investment Treaties by Chester Brown Pdf

The existing literature on the substantive and procedural aspects of bilateral investment treaties (BITs) relies heavily on investment treaty arbitration decisions as a source of law. What is missing is a comprehensive, analytical review of state practice. This volume fills this gap, providing detailed analyses of the investment treaty policy and practice of nineteen leading capital-exporting states and emerging market economies. The authors are leading experts in government, academia, and private legal practice, and their chapters are largely based on primary source materials. Each chapter provides a description of the regulatory or policy framework governing foreign investment (both inflows and outflows) with a historical presentation of the state's Model BIT; an examination of internal government processes and practices relating to treaty negotiation, conclusion, ratification and record-keeping; and a detailed article-by-article analytical commentary of the state's Model BIT, elucidating the policy behind each provision and highlighting the ways in which the actual investment treaty practice of that state deviates from this standard text. This commentary is supplemented by the case law relevant to that state's investment treaties. This commentary will be of immense assistance to counsel and arbitrators engaged in arguing and determining the proper interpretation of BITs and investment chapters in Free Trade Agreements, and to government officials and scholars engaged in BIT policy formulation and implementation. It will serve as a standard resource for legal practitioners, scholars, policy-makers and other stakeholders in the field of international investment policy, law, and arbitration.

Commentaries on Selected Model Investment Treaties

Chester Brown
Commentaries on Selected Model Investment Treaties Book PDF

Author : Chester Brown
Publisher : OUP Oxford
Page : 1018 pages
File Size : 48,5 Mb
Release : 2013-01-17
Category : Law
ISBN : 9780191651960

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Commentaries on Selected Model Investment Treaties by Chester Brown Pdf

The existing literature on the substantive and procedural aspects of bilateral investment treaties (BITs) relies heavily on investment treaty arbitration decisions as a source of law. What is missing is a comprehensive, analytical review of state practice. This volume fills this gap, providing detailed analyses of the investment treaty policy and practice of nineteen leading capital-exporting states and emerging market economies. The authors are leading experts in government, academia, and private legal practice, and their chapters are largely based on primary source materials. Each chapter provides a description of the regulatory or policy framework governing foreign investment (both inflows and outflows) with a historical presentation of the state's Model BIT; an examination of internal government processes and practices relating to treaty negotiation, conclusion, ratification and record-keeping; and a detailed article-by-article analytical commentary of the state's Model BIT, elucidating the policy behind each provision and highlighting the ways in which the actual investment treaty practice of that state deviates from this standard text. This commentary is supplemented by the case law relevant to that state's investment treaties. This commentary will be of immense assistance to counsel and arbitrators engaged in arguing and determining the proper interpretation of BITs and investment chapters in Free Trade Agreements, and to government officials and scholars engaged in BIT policy formulation and implementation. It will serve as a standard resource for legal practitioners, scholars, policy-makers and other stakeholders in the field of international investment policy, law, and arbitration.

Piercing the Corporate Veil Doctrine in International Investment Agreements

Anastasiia Dulska
Piercing the Corporate Veil Doctrine in International Investment Agreements Book PDF

Author : Anastasiia Dulska
Publisher : GRIN Verlag
Page : 64 pages
File Size : 43,7 Mb
Release : 2018-06-01
Category : Law
ISBN : 9783668716377

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Piercing the Corporate Veil Doctrine in International Investment Agreements by Anastasiia Dulska Pdf

Diploma Thesis from the year 2017 in the subject Law - Miscellaneous, grade: 1.7, Humboldt-University of Berlin (International Dispute Resolution Master of Laws (LL.M.) Programme), course: International Investment Arbitration, language: English, abstract: The piercing the corporate veil in ISDS plays a twofold role. From the investors’ perspective, it is instrumental if a tribunal can ignore the difference between the legal personality of the company in which they invested in and the shares that they hold. Per contra, States also invoke this doctrine by trying to convince a tribunal to look at the true personalities involved and not to allow an investor to hide behind the veil of the different legal personalities. To address these competing interests, the author of this Master Thesis in Chapter II intends to analyse the characteristic pattern and standing of shareholders in bringing indirect claims aimed to persuade the tribunal to ignore the difference between the legal personality of a company and its shareholders and to look at the true interests at stake instead. In Chapter III, the applicability of the piercing the corporate veil doctrine will be approached from the States’ perspective and when they invoke the denial of benefits clauses. On the basis of the foregoing, this Master Thesis purports to address the intersection between the jurisdiction of the arbitral tribunal in ISDS and the concepts of investor and investment underlying the application of the piercing the corporate veil doctrine. By doing so, the author of this Master Thesis explores the provisions of IIAs commented on by authoritative treatises, contemporary views embodied in articles, and jurisprudence of international investment treaty tribunals. In order to arrive at its findings and conclusions, this Master Thesis utilizes the method of description, method of conceptual analysis, comparative method, and method of evaluation.

Litigating International Law Disputes

Natalie Klein,Natalie S. Klein
Litigating International Law Disputes Book PDF

Author : Natalie Klein,Natalie S. Klein
Publisher : Cambridge University Press
Page : 533 pages
File Size : 45,7 Mb
Release : 2014-04-10
Category : Law
ISBN : 9781107017061

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Litigating International Law Disputes by Natalie Klein,Natalie S. Klein Pdf

This book examines why states resort to international adjudication or arbitration for the resolution of their disputes.

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 : 48,5 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.

Bilateral Investment Treaties

Kenneth J. Vandevelde
Bilateral Investment Treaties Book PDF

Author : Kenneth J. Vandevelde
Publisher : Unknown
Page : 0 pages
File Size : 42,8 Mb
Release : 2017
Category : Electronic
ISBN : OCLC:1375588286

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Bilateral Investment Treaties by Kenneth J. Vandevelde Pdf

These are Chapters Seven and Nine of Bilateral Investment Treaties: History, Policy, and Interpretation, published by Oxford University Press in 2010. The book analyzes the key provisions of bilateral investment treaties (BITs), explaining the structure and policy of each provision, tracing the provision's origins and development, and synthesizing the arbitral awards that interpret it. The book also includes extensive discussion of the history and policy underlying international investment law and is the first book to offer a general theory of international investment law, arguing that investment treaties are based on six core principles - nondiscrimination, security, reasonableness, due process, transparency and access. These principles provide a basis for interpreting BIT provisions and understanding the relationship among them. The book covers the period from 1959, when Germany concluded its first bilateral investment treaty with Pakistan, through 2009, and thus provides a summary of the first 50 years of BIT programs worldwide. Chapter Seven discusses the norm of nondiscrimination, which appears in provisions guaranteeing national treatment, most-favored-nation treatment, and fair and equitable treatment and prohibiting unreasonable or discriminatory measures that impair investment. Chapter Nine discusses the economics of an open capital account and then analyzes several BIT provisions that address access to the host state's economy: the establishment provision, the currency transfers provision, the performance requirements provision, the entry and sojourn provision, and the employment provision. Bilateral Investment Treaties: History, Policy, and Interpretation is part of a trilogy of books on international investment agreements. U.S. International Investment Agreements, published by Oxford University Press in 2009, presents a comprehensive analysis of the first 30 years of the current U.S. investment treaty program, including both BITs and free trade agreements (FTAs) with investment chapters. It traces the evolution of each provision in the U.S. model BITs, explains the policies underlying those provisions, describes modifications to the provisions in the signed BITs and FTAs, and synthesizes the international arbitral awards interpreting the provisions. Appendices contain the text of each of the U.S. model BITs used as a basis for successful negotiations. The book covers the period from 1977, when the Carter administration approved the inauguration of a U.S. BIT program, to 2007. Chapters One (“Introduction”) and Three (“The Evolution of the BIT Model Negotiating Text”) of that book have been posted separately. The First Bilateral Investment Treaties: U.S. Postwar Friendship, Commerce, and Navigation Treaties, published by Oxford University Press in 2017, traces the history of the U.S. postwar friendship, commerce and navigation (FCN) treaty program, including the process by which a treaty series initiated in 1776 to address trade and maritime relations was reconceptualized in the late 1940s as a program of investment treaties. It also describes the origins and meaning of the investment provisions that appeared in these treaties, provisions that are the precursors to the provisions that appear in contemporary bilateral investment treaties (BITs) and free trade agreements (FTAs) with investment provisions. Chapters One (“Introduction”) and Five (“The FCN Treaties Become Investment Treaties”) of that book have been posted separately.

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 : 49,6 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.

The Evolving International Investment Regime

Jose E. Alvarez,Karl P. Sauvant
The Evolving International Investment Regime Book PDF

Author : Jose E. Alvarez,Karl P. Sauvant
Publisher : Oxford University Press
Page : 308 pages
File Size : 43,7 Mb
Release : 2011-04-19
Category : Law
ISBN : 9780199878161

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The Evolving International Investment Regime by Jose E. Alvarez,Karl P. Sauvant Pdf

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?"

U.S. International Investment Agreements

Kenneth J. Vandevelde
U S International Investment Agreements Book PDF

Author : Kenneth J. Vandevelde
Publisher : Unknown
Page : 0 pages
File Size : 50,5 Mb
Release : 2017
Category : Electronic
ISBN : OCLC:1375588218

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U.S. International Investment Agreements by Kenneth J. Vandevelde Pdf

These are Chapters One and Three of U.S. International Investment Agreements, published by Oxford University Press in 2009. The book presents a comprehensive analysis of the first 30 years of the current U.S. investment treaty program, including both bilateral investment treaties (BITs) and free trade agreements (FTAs) with investment chapters. It traces the evolution of each provision in the U.S. model BITs, explains the policies underlying those provisions, describes modifications to the provisions in the signed BITs and FTAs, and synthesizes the international arbitral awards interpreting the provisions. Appendices contain the text of each of the U.S. model BITs used as a basis for successful negotiations. The book covers the period from 1977, when the Carter administration approved the inauguration of a U.S. BIT program, to 2007. Chapter One is the Introduction to the book. It provides a brief overview of the U.S. BIT program and explains in much greater detail than this abstract the structure and content of the book. Chapter Three traces the evolution of the U.S. model BIT negotiating text. It explains the process by which the United States developed its model BIT, describes briefly the 1983 U.S. model BIT, and then identifies the significant changes made to that model in subsequent models that were adopted in 1984, 1987, 1991, 1992, 1994 and 2004. A final section describes U.S. BIT negotiating policy. A detailed description of each of the changes to the U.S. model BIT may be found in the other chapters of the book. U.S. International Investment Agreements is part of a trilogy of books on international investment agreements. The First Bilateral Investment Treaties: U.S. Postwar Friendship, Commerce, and Navigation Treaties, published by Oxford University Press in 2017, traces the history of the U.S. postwar friendship, commerce and navigation (FCN) treaty program, including the process by which a treaty series initiated in 1776 to address trade and maritime relations was reconceptualized in the late 1940s as a program of investment treaties. It also describes the origins and meaning of the investment provisions that appear in these treaties, provisions that are the precursors to the provisions that appear in contemporary bilateral investment treaties (BITs) and free trade agreements (FTAs) with investment provisions. Chapters One (“Introduction”) and Five (“The FCN Treaties Become Investment Treaties”) of that book have been posted separately. Bilateral Investment Treaties: History, Policy, and Interpretation, published by Oxford University Press in 2010, provides a general theory of international investment law, arguing that investment treaties are based on six core principles (nondiscrimination, security, reasonableness, due process, transparency and access), and analyzes the key provisions of BITs, explaining the structure and policy of each provision, tracing its origins and development, and synthesizing the arbitral awards interpreting it. It covers the period from 1959, when Germany concluded its first bilateral investment treaty with Pakistan, through 2009, and thus provides a summary of the first 50 years of BIT programs worldwide. Chapters Seven (“Nondiscrimination”) and Nine (“Access”) of that book have been posted separately.

Public Actors in International Investment Law

Catharine Titi
Public Actors in International Investment Law Book PDF

Author : Catharine Titi
Publisher : Springer Nature
Page : 205 pages
File Size : 52,6 Mb
Release : 2021
Category : Conflict management
ISBN : 9783030589165

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Public Actors in International Investment Law by Catharine Titi Pdf

This open access book focuses on public actors with a role in the settlement of investment disputes. Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.

Investor-State Dispute Settlement and National Courts

Gabrielle Kaufmann-Kohler,Michele Potestà
Investor State Dispute Settlement and National Courts Book PDF

Author : Gabrielle Kaufmann-Kohler,Michele Potestà
Publisher : Springer
Page : 117 pages
File Size : 46,8 Mb
Release : 2020-08-08
Category : Law
ISBN : 3030441636

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Investor-State Dispute Settlement and National Courts by Gabrielle Kaufmann-Kohler,Michele Potestà Pdf

This open access book examines the multiple intersections between national and international courts in the field of investment protection, and suggests possible modes for regulating future jurisdictional interactions between domestic courts and international tribunals. The current system of foreign investment protection consists of more than 3,000 international investment agreements (IIAs), most of which provide for investment arbitration as the forum for the resolution of disputes between foreign investors and host States. However, national courts also have jurisdiction over certain matters involving cross-border investments. International investment tribunals and national courts thus interact in a number of ways, which range from harmonious co-existence to reinforcing complementation, reciprocal supervision and, occasionally, competition and discord. The book maps this complex relationship between dispute settlement bodies in the current investment treaty context and assesses the potential role of domestic courts in future treaty frameworks that could emerge from the States’ current efforts to reform the system.The book concludes that, in certain areas of interaction between domestic courts and international investment tribunals, the “division of labor” between the two bodies is not always optimal, producing inefficiencies that burden the system as a whole. In these areas, there is a need for improvement by introducing a more fruitful allocation of tasks between domestic and international courts and tribunals – whatever form(s) the international mechanism for the settlement of investment disputes may take.Given its scope, the book contributes not only to legal analysis, but also to the policy reflections that are needed for ongoing efforts to reform investor-State dispute settlement.

The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol 2e

Anonim
The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol 2e Book PDF

Author : Anonim
Publisher : Oxford University Press
Page : 2033 pages
File Size : 53,8 Mb
Release : 2024-01-04
Category : Law
ISBN : 9780192667205

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The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol 2e by Anonim Pdf

The Convention Relating to the Status of Refugees adopted on 28 July 1951 in Geneva continues to provide the most comprehensive codification of the rights of refugees yet attempted. Consolidating previous international instruments relating to refugees, the 1951 Convention with its 1967 Protocol marks a cornerstone in the development of international refugee law. At present, there are 149 States Parties to one or both of these instruments, expressing a worldwide consensus on the definition of the term refugee and the fundamental rights to be granted to refugees. These facts demonstrate and underline the extraordinary significance of these instruments as the indispensable legal basis of international refugee law. This Commentary provides for a systematic and comprehensive analysis of the 1951 Convention and the 1967 Protocol on an article-by-article basis, exposing the interrelationship between the different articles and discussing the latest developments in international refugee law. In addition, several thematic contributions analyse questions of international refugee law which are of general significance, such as regional developments, the interrelationship between refugee law and general human rights law, as well as the relationship between refugee law and the law of the sea.

India and Bilateral Investment Treaties

Prabhash Ranjan
India and Bilateral Investment Treaties Book PDF

Author : Prabhash Ranjan
Publisher : Oxford University Press
Page : 414 pages
File Size : 51,8 Mb
Release : 2019-04-24
Category : Performing Arts
ISBN : 9780199097074

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India and Bilateral Investment Treaties by Prabhash Ranjan Pdf

As a consequence of being sued by more than 20 foreign investors, India terminated close to 60 investment treaties and adopted a new Model Bilateral Investment Treaty (BIT) purportedly to balance investment protection with the host State’s right to regulate. This book is a critical study of India’s approach towards BITs and traces their origin, evolution, and the current state of play. It does so by locating them in India’s economic policy in general and policy towards foreign investment in particular. India’s approach towards BITs and policy towards foreign investment were consistent with each other in the periods of economic nationalism (1947–1990) and economic liberalism (1991–2010). However, post 2010, India’s approach to BITs has become protectionist while India’s foreign investment policy continues to be liberal. To balance investment protection with the State’s right to regulate, India needs to evolve its BIT practice based on the twin framework of international rule of law and embedded liberalism.

Bilateral Investment Treaties 1995-2006

Anonim
Bilateral Investment Treaties 1995 2006 Book PDF

Author : Anonim
Publisher : United Nations Publications
Page : 158 pages
File Size : 51,9 Mb
Release : 2007-01-01
Category : Business & Economics
ISBN : 9789211127102

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Bilateral Investment Treaties 1995-2006 by Anonim Pdf

"The secretariat of the United Nations Conference on Trade and Development (UNCTAD) is implementing a programme on international investment arrangements. It monitors the trends in IIAs and analyzes the emerging issues and development implications. It seeks to help developing countries participate as effectively as possible in international investment rulemaking. ... This paper is part of the programme's research and policy analysis on international investment policies for development. ... The main objective of this paper is to update UNCTAD's 1998 study entitled Bilateral Investment Treaties in the Mid-1990s and to identify trends in the normative developments of each of the elements typically addressed in BITs since this last stocktaking in 1998. The study traces and explains the new issues that have emerged in recent BITs and also sets out the implications of those developments for developing countries."--Pref.

International Investment Law: Understanding Concepts and Tracking Innovations A Companion Volume to International Investment Perspectives

OECD
International Investment Law Understanding Concepts and Tracking Innovations A Companion Volume to International Investment Perspectives Book PDF

Author : OECD
Publisher : OECD Publishing
Page : 340 pages
File Size : 53,6 Mb
Release : 2008-03-14
Category : Electronic
ISBN : 9789264042032

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International Investment Law: Understanding Concepts and Tracking Innovations A Companion Volume to International Investment Perspectives by OECD Pdf

A comprehensive source of information on four key issues: the definition of investor and investment; the interpretation of umbrella clauses in investment agreements; coverage of environmental, labour and anti-corruption issues; and the interaction between investment and services chapters in RTAs.