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Author : John Mo
Publisher : Unknown
Page : 792 pages
File Size : 48,8 Mb
Release : 2000
Category : Commercial law
ISBN : STANFORD:36105062957977
Author : Andrea K. Bjorklund,August Reinisch
Publisher : Edward Elgar Publishing
Page : 345 pages
File Size : 41,5 Mb
Release : 2012-01-01
Category : Law
ISBN : 9781781003220
This important book examines the development of soft law instruments in international investment law and the feasibility of a 'codification' of the present state of this field of international economic law. It draws together the views of international experts on the use of soft law in international law generally and in discrete fields such as WTO, commercial, and environmental law. The book assesses whether investment law has sufficiently coalesced over the last 50 years to be 'codified' and focuses particularly on topical issues such as most-favoured-nation treatment and expropriation. This timely book will appeal to academics interested in the development of international law and legal theory, to those working in investment law, Government investment treaty negotiators and arbitration practitioners.
Author : Zena Prodromou
Publisher : Kluwer Law International B.V.
Page : 313 pages
File Size : 49,5 Mb
Release : 2020-08-12
Category : Law
ISBN : 9789403520018
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.
Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 46,7 Mb
Release : 1995
Category : Business enterprises, Foreign
ISBN : LCCN:94039418
Author : Maarten Roos
Publisher : Kluwer Law International B.V.
Page : 328 pages
File Size : 55,6 Mb
Release : 2010-09-30
Category : Law
ISBN : 9789041142467
The rapid and continuing development of the Chinese economy and its markets has made business with China an integral component of the strategies of countless foreign companies, regardless of their size or form. However, in order to turn opportunities into successful enterprises, managers need a practical guide on the legal aspects of conducting business in China, and on the strategies for effectively circumventing unnecessary risks while simultaneously using the legal system to strengthen operations and protect interests. This remarkable book provides the necessary insight and guidance to devise a corporate strategy, and to tackle issues relating to common aspects of doing business with Chinese counterparts, investing in a Chinese enterprise, and engaging in business operations there. Drawing on expertise gained during eight years in China serving the legal needs of foreign companies, the author shows how many of the mistakes that foreign companies make can easily be avoided by conducting a proper due diligence and understanding how applicable laws work in practice. He clearly describes the opportunities and pitfalls exposed as a foreign investor engages with such elements of business in China as the following: negotiating a detailed written contract; performing a legal and commercial due diligence on a prospective partner; resolving disputes through negotiation, arbitration or litigation; establishing and enforcing trademarks, patents and other intellectual property rights; investing in China; considering the joint venture structure; expanding through a merger or acquisition; restructuring or liquidating an operation; designing and implementing effective corporate governance; retaining, managing and terminating employees; arranging funds into and out of China; ensuring both tax efficiency and tax compliance; and avoiding criminal liabilities in the course of doing business. Whether seeking to source from China or to establish manufacturing facilities in China to produce for export, to sell products or services on the domestic market, or even just to act as a conduit between China and the outside world, business managers and their counsel from all over the globe and across all industries will benefit enormously from this deeply informed, insightful, and practical guide
Author : Arnaud de Nanteuil
Publisher : Edward Elgar Publishing
Page : 408 pages
File Size : 52,9 Mb
Release : 2020-02-28
Category : Law
ISBN : 9781788975896
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 : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 54,5 Mb
Release : 2024-07-01
Category : Business enterprises, Foreign
ISBN : LCCN:94039418
Author : Andrea K. Bjorklund
Publisher : Oxford University Press
Page : 665 pages
File Size : 51,7 Mb
Release : 2016-10-28
Category : International business enterprises
ISBN : 9780190612054
Several themes emerge in this 2014-2015 edition of the Yearbook. The first is a notable focus on country and region-specific developments. Different articles focus on key developments in such countries as Australia, Brazil, China, Ghana, India, Indonesia, Russia, and South Africa. Others focus on regional innovations, in particular in Latin America. A second area of attention is reform, and proposals for reform, in investor-state dispute settlement and in investment law generally. The third theme is the continued concern about states' regulatory autonomy and the importance of their retaining ability to protect the interests of their nationals. A fourth theme concerns the continued contribution that investment arbitration makes to the development of international law, and the influence that it is starting to have on other areas of law, whether that is as a source of inspiration in the interpretation of other norms or as a source of potentially powerful persuasive authority given the "teeth" that investment law has with respect to enforcement. Included are the winning memorials of the FDI Moot for both 2014 and 2015. In 2014 a team from the University of Ottawa submitted the winning claimant's memorial, while students from Harvard Law School submitted the winning respondent's memorial. In 2015, Harvard repeated its stellar performance, again winning best respondent's memorial. The winning claimant's memorial in 2015 was submitted by students from the National and Kapodistrian University of Athens. These excellent memorials reveal once again the growing interest of students in international investment law and demonstrate a striving for excellence and an enthusiasm for grappling with intellectually challenging issues.
Author : Katia Fach Gómez
Publisher : Springer
Page : 263 pages
File Size : 49,5 Mb
Release : 2022-02-09
Category : Law
ISBN : 3030483959
This book presents the first critical review of the less frequently addressed stakeholders in international investment law. Focusing on private actors, including but not limited to lawyers, experts, funders, civil society, the media and scholars, the book highlights the variety of actors that help shape international investment law and demonstrates how best to manage their interactions in order to achieve synergies and enhance the legitimacy of this pluralistic field.
Author : Leïla Choukroune,Rahul Donde
Publisher : Routledge
Page : 190 pages
File Size : 40,5 Mb
Release : 2021-07-22
Category : Law
ISBN : 9781000407969
This edited collection on international commercial and investment disputes in, and with, India examines past and present landmark legislative and regulatory reforms initiated by the Indian government, including the 2015 new Bilateral Investment Treaty (BIT) model, the 2015 amendments to the 1996 Arbitration Act and the 2013 amendments to Section 135 of the Companies Act on Corporate Social Responsibility (CSR), as well as the most recent amendments to the same. The book also includes recent developments in the dispute resolution arena, regional, and international negotiations involving India, the legal profession’s response to these developments, and civil society’s comments. In addition, it addresses contemporary problems of key importance and at the centre of today’s discussions, from the legitimacy and relevance of Investor–State Dispute Settlement (ISDS) to the denunciation of Bilateral Investment Treaties (BITs), and the role arbitration should play in emerging economies now leaders in world trade. In creating bridges between commercial and investment arbitration, it also renews the conceptual approach to these too often artificially isolated fields of law. The volume provides an accurate and updated account of the many fascinating conceptual and practical evolutions, which already impact the world of international dispute resolution far beyond the borders of India. This unique and exhaustive study will be of great appeal to a vast range of readers from practitioners to academia.
Author : OECD
Publisher : OECD Publishing
Page : 344 pages
File Size : 49,9 Mb
Release : 2008-03-14
Category : Electronic
ISBN : 9789264042032
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.
Author : Philip St. J. Smart,Andrew J. Halkyard
Publisher : Butterworths
Page : 588 pages
File Size : 43,5 Mb
Release : 1993
Category : Business & Economics
ISBN : STANFORD:36105060938433
This text provides a practical approach to the legal and commercial infrastructure which serves trade and investment in Hong Kong. It provides a panoptic view of what the laws of Hong Kong and its legal practitioners have to offer those who are there to do business. It gives special emphasis to problems and pitfalls which clients may encounter when trading with or investing in Hong Kong. It also specifically addresses practical problem areas relating to inbound investment, and how such investment can be most suitably structured. Hong Kong's potential as a centre for regional trade, not least with mainland China, is also considered.
Author : Stephan W. Schill,Christian J. Tams,Rainer Hofmann
Publisher : Edward Elgar Publishing
Page : 400 pages
File Size : 53,7 Mb
Release : 2018
Category : Electronic
ISBN : 9781786439963
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.
Author : Pierre Boiron,Claude Boiron
Publisher : John Wiley & Sons
Page : 677 pages
File Size : 42,5 Mb
Release : 2007-12-21
Category : Business & Economics
ISBN : 9780470838402
Many investors include commercial real estate in their portfolio, yet there are few comprehensive resources available to those looking for information on how to profit in commercial real estate. Written by a father-and-son team with extensive experience in buying, selling and developing commercial real estate, Commercial Real Estate Investing in Canada is a must-have guide for all real estate investors. This one-of-a-kind compendium will guide readers on such topics as: The business of real estate Land-use controls Taxation of property Types of income-producing properties Renovations and repairs Property management Property appraisals Conducting due diligence Real estate contracts And much more! Commercial Real Estate Investing in Canada is a tremendously valuable and indispensable tool to all Canadian real estate investors, agents, brokers, property managers, landlords, loan officers, builders, and lawyers.
Author : Csaba Kovács
Publisher : Kluwer Law International B.V.
Page : 368 pages
File Size : 41,7 Mb
Release : 2018-08-20
Category : Law
ISBN : 9789041196828
The term ‘attribution’ refers to the means by which it is ascertained whether the State is involved in a dispute governed by international law. The notion of attribution is primarily used to determine if the State is responsible for the wrongful conduct of persons or entities with links to the State. In the context of international investment law, the exponentially growing arbitration jurisprudence arising from international investment agreements (IIAs), especially bilateral investment treaties (BITs), reflects the extent and risk of attribution determined in investment relationships that often involve State enterprises. This book, the first in-depth study of the uses of attribution in international investment law, provides a deeply informed analysis of the treatment of attribution in applicable legal instruments and investment arbitration jurisprudence worldwide. The analysis responds to such questions as the following: - When is a conduct attributable to the State for the purposes of its responsibility under international investment law? - What legal instruments govern the question of attribution under international investment law? - In what circumstances is the State the proper party to a contract entered into by a State-owned enterprise with an investor protected by an investment treaty? - How can State policymakers minimise their international law responsibility within the existing framework of attribution in international investment law? - How can investors maximise their protection within the existing framework of attribution in international investment law? Also covered are the procedural treatment of attribution by investment tribunals, explication of such broad-brush wordings as ‘elements of governmental authority’ and ‘under the direction or control’, and the impact of the rise of State-owned enterprises as investors. Ongoing and future trends in the jurisprudence are also taken into account. A one-stop reference on the question of attribution in international investment law, the analysis extracts identifiable commonalities among instruments and rulings, turning them into useful practice tools. This book will prove invaluable for practitioners advising States or investors in investment disputes. More generally, this book will be welcomed by arbitrators, in-house counsel for companies doing transnational business and international arbitration centres, as well as by academics in international arbitration.