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Author : Martin Jarrett
Publisher : Cambridge University Press
Page : 207 pages
File Size : 55,7 Mb
Release : 2019-07-11
Category : Law
ISBN : 9781108481403
Often derided for its asymmetry, this book shows how investors can be held to account in international investment law.
Author : Martin Jarrett
Publisher : Cambridge University Press
Page : 128 pages
File Size : 51,9 Mb
Release : 2019-07-11
Category : Law
ISBN : 9781108620581
Investors must be held to account for their flawed contributions or otherwise wrongful conduct, but exactly what 'holding to account' means remains an enigma. Opinions vary on whether such circumstances are relevant to admissibility, jurisdiction, liability, or remedies. Reasoning from certain proposed axioms, this book suggests that such circumstances are only relevant to liability, meaning that the legal concepts that they activate, contributory fault and illegality, are defences. Three defences are identified: mismanagement, investment reprisal, and post-establishment illegality. While they might lack formal recognition, arbitral tribunals have implicitly applied them in multiple investment arbitrations. In detailing their legal content, special attention is paid to resolving the problems that they raise relating to causation, apportionment of liability, distinguishing these defences from their conceptual cousins, and arbitral tribunals' jurisdiction over pleas based on investor misconduct. The result is a restatement of the rules on contributory fault and investor misconduct applicable in investment arbitrations.
Author : Cory H. Kent,Shaheeza Lalani,Georgios Petrochilos,Andreas R. Ziegler
Publisher : BRILL
Page : 235 pages
File Size : 54,8 Mb
Release : 2021-03-01
Category : Law
ISBN : 9789004450165
Social License and Dispute Resolution in the Extractive Industries is a broad collection offering insights from both renowned academics and practitioners on the intersection of international dispute resolution and the social license to operate in the extractive industries.
Author : Jose Daniel Amado,Jackson Shaw Kern,Martin Doe Rodriguez
Publisher : Cambridge University Press
Page : 221 pages
File Size : 53,8 Mb
Release : 2018-01-11
Category : Law
ISBN : 9781108415729
This volume shows how investment arbitration may be reformed to achieve both increased investment flows and improved access to justice.
Author : Filip Balcerzak
Publisher : BRILL
Page : 331 pages
File Size : 47,5 Mb
Release : 2017-08-14
Category : Law
ISBN : 9789004339002
In Investor – state arbitration and human rights Filip Balcerzak examines the interrelations between human rights and international investment law. He discusses the place of human rights arguments in the course of arbitral proceedings based on investment treaties.
Author : Filippo Fontanelli
Publisher : BRILL
Page : 199 pages
File Size : 45,9 Mb
Release : 2018-03-27
Category : Law
ISBN : 9789004366497
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 : Yulia Levashova
Publisher : Kluwer Law International B.V.
Page : 278 pages
File Size : 51,8 Mb
Release : 2019-07-18
Category : Law
ISBN : 9789403510156
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 : Anna Kozyakova
Publisher : Springer Nature
Page : 266 pages
File Size : 47,5 Mb
Release : 2020-11-12
Category : Law
ISBN : 9783030548551
This book examines the issue of foreign investor misconduct in modern international investment law, focusing on the approach that international investment law as it currently operates has developed towards foreign investor misconduct. The term ‘misconduct’ is not a legal notion, but is used to describe a certain phenomenon, namely, a group/class of actions. This term is convenient since it makes it possible to introduce and describe the phenomenon as such, without a division into concrete types of conduct, like ‘abuse of process’, ‘violation of national law’, ‘corruption’, ‘investment contrary to international norms and standards’, etc. The term ‘misconduct’ is intended to embrace various kinds of conduct on the part of foreign investors that the system of international investment law does not accept – such as that which it regards as illegal, against public policy, or otherwise inappropriate – and triggers legal consequences. Rarely, however, does international investment law clearly articulate what it considers unacceptable investor conduct, and certainly not in any systematic fashion. As such, this book addresses the following questions: What types of investors’ conduct are legally unacceptable? What mechanisms are available to deal with unacceptable investors’ conduct, and what are the legal consequences?
Author : C. L. Lim,Jean Ho,Martins Paparinskis
Publisher : Cambridge University Press
Page : 687 pages
File Size : 41,5 Mb
Release : 2021-03-11
Category : Law
ISBN : 9781108842990
A new edition connecting extracts from arbitral decisions, treaties and scholarly works with concise, up-to-date and reliable commentary.
Author : Christina L. Beharry
Publisher : BRILL
Page : 516 pages
File Size : 53,9 Mb
Release : 2018-04-12
Category : Law
ISBN : 9789004357792
Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration, edited by Christina L. Beharry, examines a broad range of damages topics, building on basic principles and surveying current developments to identify trends in the jurisprudence.
Author : Catharine Titi
Publisher : Oxford University Press
Page : 224 pages
File Size : 49,5 Mb
Release : 2021-06-11
Category : Law
ISBN : 9780192638274
This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law. A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been acknowledged. In contrast with earlier studies on the topic, this book is informed by a body of judicial and arbitral case law that has never been so substantial and varied. It also draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically overlooked in public international law scholarship. As the importance of international law increases, covering continuously new domains, the value of equity increases with it. It is this new equity in the international law of the 21st century that this book explores.
Author : Sandy Steel
Publisher : Cambridge University Press
Page : 461 pages
File Size : 40,5 Mb
Release : 2015-09-11
Category : Law
ISBN : 9781107049109
A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.
Author : Marc Bungenberg,Markus Krajewski,Christian J. Tams,Jörg Philipp Terhechte,Andreas R. Ziegler
Publisher : Springer Nature
Page : 449 pages
File Size : 42,9 Mb
Release : 2021-11-05
Category : Law
ISBN : 9783030590710
Volume 11 of the EYIEL focuses on rights and obligations of business entities under international economic law. It deals with the responsibilities of business entities as well as their special status in various subfields of international law, including human rights, corruption, competition law, international investment law, civil liability and international security law. The contributions to this volume thus highlight the significance of international law for the regulation of business entities. In addition, EYIEL 11 addresses recent challenges, developments as well as events in European and international economic law such as the 2019 elections to the European Parliament, Brexit and the EU-Mercosur Free Trade Agreement. A series of essays reviewing new books on international trade and investment law completes the volume.
Author : Pierre-Marie Dupuy,Francesco Francioni,Ernst-Ulrich Petersmann
Publisher : Oxford University Press
Page : 646 pages
File Size : 41,8 Mb
Release : 2009
Category : Law
ISBN : 9780199578184
There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.
Author : Jean E. Kalicki,Anna Joubin-Bret
Publisher : Hotei Publishing
Page : 1043 pages
File Size : 54,8 Mb
Release : 2015-02-04
Category : Law
ISBN : 9789004291102
In Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century, editors Jean E. Kalicki and Anna Joubin-Bret offer for the first time a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has generated a strong debate, usually framed by complaints about a perceived lack of legitimacy, consistency and predictability. While some ideas have been proposed for improvement, there has never before been a book systematically focusing on constructive paths forward. This volume features 38 chapters by almost 50 leading contributors, all offering concrete proposals to improve the ISDS system for the 21st century.
