Custom And Its Interpretation In International Investment Law

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Custom and Its Interpretation in International Investment Law: Volume 2

Panos Merkouris,Andreas Kulick,José Manuel Álvarez-Zarate,Maciej Żenkiewicz,Konrad Turnbull
Custom and Its Interpretation in International Investment Law Volume 2 Book PDF

Author : Panos Merkouris,Andreas Kulick,José Manuel Álvarez-Zarate,Maciej Żenkiewicz,Konrad Turnbull
Publisher : Unknown
Page : 434 pages
File Size : 43,9 Mb
Release : 2024-01-10
Category : Law
ISBN : 9781009255431

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Custom and Its Interpretation in International Investment Law: Volume 2 by Panos Merkouris,Andreas Kulick,José Manuel Álvarez-Zarate,Maciej Żenkiewicz,Konrad Turnbull Pdf

At first glance, one may think of international investment law as a response to custom (or lack thereof), instead of a field of its application. However, in fact, the opposite is the case. The interpretation and application of customary rules and principles are the bread and butter of international investment law and arbitration. With a diverse range of expert contributors, this collection traces how customary international law is practised in international investment law. It considers how custom should be interpreted and how its rules and principles should be understood and applied by investor-state arbitral tribunals. Raising and addressing vital questions surrounding custom and international law, this collection is a necessary contribution to the scholarship of the theory and history of customary international law and international investment law. This title is also available as Open Access on Cambridge Core.

International Investment Law

Tarcisio Gazzini,Eric De Brabandere
International Investment Law Book PDF

Author : Tarcisio Gazzini,Eric De Brabandere
Publisher : Martinus Nijhoff Publishers
Page : 363 pages
File Size : 43,8 Mb
Release : 2012-08-22
Category : Law
ISBN : 9789004214538

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International Investment Law by Tarcisio Gazzini,Eric De Brabandere Pdf

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.

The Interpretation of International Investment Law

Todd Weiler
The Interpretation of International Investment Law Book PDF

Author : Todd Weiler
Publisher : Martinus Nijhoff Publishers
Page : 572 pages
File Size : 45,6 Mb
Release : 2013-05-02
Category : Business & Economics
ISBN : 9789004232235

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The Interpretation of International Investment Law by Todd Weiler Pdf

In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historical analysis should be adopted in the interpretation of international investment law obligations. Weiler subjects some of the most commonly held beliefs about the nature and development of international investment law to a critical re-appraisal, based upon meticulously assembled historical record. In the process, the book provides readers with a fresh perspective on some of the oldest obligations in international law.

The Foundations of International Investment Law

Zachary Douglas,Joost Pauwelyn,Jorge E. Viñuales
The Foundations of International Investment Law Book PDF

Author : Zachary Douglas,Joost Pauwelyn,Jorge E. Viñuales
Publisher : OUP Oxford
Page : 586 pages
File Size : 40,9 Mb
Release : 2014-05-01
Category : Law
ISBN : 9780191508578

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The Foundations of International Investment Law by Zachary Douglas,Joost Pauwelyn,Jorge E. Viñuales Pdf

International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.

The Formation and Identification of Rules of Customary International Law in International Investment Law

Patrick Dumberry
The Formation and Identification of Rules of Customary International Law in International Investment Law Book PDF

Author : Patrick Dumberry
Publisher : Cambridge University Press
Page : 535 pages
File Size : 48,8 Mb
Release : 2018-12-13
Category : Law
ISBN : 9781316503072

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The Formation and Identification of Rules of Customary International Law in International Investment Law by Patrick Dumberry Pdf

Patrick Dumberry provides a comprehensive analysis of the rules of customary international law in the field of international investment law.

Shifting Paradigms in International Investment Law

Steffen Hindelang,Markus Krajewski
Shifting Paradigms in International Investment Law Book PDF

Author : Steffen Hindelang,Markus Krajewski
Publisher : Oxford University Press
Page : 430 pages
File Size : 45,9 Mb
Release : 2016-01-21
Category : Law
ISBN : 9780191058288

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Shifting Paradigms in International Investment Law by Steffen Hindelang,Markus Krajewski Pdf

International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.

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 : 47,5 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.

Regionalism in International Investment Law

Leon Trakman,Nicola Ranieri
Regionalism in International Investment Law Book PDF

Author : Leon Trakman,Nicola Ranieri
Publisher : Oxford University Press
Page : 555 pages
File Size : 50,8 Mb
Release : 2013-04-25
Category : Law
ISBN : 9780195389005

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Regionalism in International Investment Law by Leon Trakman,Nicola Ranieri Pdf

Regionalism in International Investment Law provides a multinational perspective on international investment law. In it, distinguished academics and practitioners provide a critical and comprehensive understanding of issues in a field which has grown exponentially in its importance particularly over the last decade, focusing on the European Union, Australia, North America, Asia, and China. The book approaches the field of foreign direct investment from both academic and practical viewpoints and analyzes different bilateral, regional, and multinational agreements, often yielding competing perspectives. The academic perspective yields a strong conceptual foundation to often misunderstood elements of international investment law, while the practical perspective aids those actively pursuing foreign direct investment in better understanding the landscape, identifying potential conflicts which may arise, in more accurately assessing the risk underlying the issues in conflict and in resolving those issues. Thorny issues relating to global commerce, sovereignty, regulation, expropriation, dispute resolution, and investor protections are covered, depicting how they have developed and are applied in different regions of the world. These different treatments ensure that readers are able grasp the subject matter at multiple levels and provide a comprehensive overview of developments in the field of foreign direct investment.

International Investment Law: A Changing Landscape A Companion Volume to International Investment Perspectives

OECD
International Investment Law A Changing Landscape A Companion Volume to International Investment Perspectives Book PDF

Author : OECD
Publisher : OECD Publishing
Page : 166 pages
File Size : 41,5 Mb
Release : 2005-09-06
Category : Electronic
ISBN : 9789264011656

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International Investment Law: A Changing Landscape A Companion Volume to International Investment Perspectives by OECD Pdf

Presents four studies on international investment law: one on transparency, one on the fair and equitable treatment standard, one on indirect expropriation and the right to regulate, and one on most favoured nation treatment.

Investment Treaty Law

British Institute of International and Comparative Law
Investment Treaty Law Book PDF

Author : British Institute of International and Comparative Law
Publisher : BIICL
Page : 356 pages
File Size : 41,5 Mb
Release : 2009
Category : Business & Economics
ISBN : 1905221126

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Investment Treaty Law by British Institute of International and Comparative Law Pdf

The Investment Treaty Forum of the British Institute of International and Comparative Law brings together eminent practitioners, arbitrators, and academics in the dynamic area of international investment law. Members of the Forum, under the British Institute's auspices, examine and debate the legal and policy issues presented by the increasingly complex web of investment treaties and the disputes that arise under them. The Forum held two conferences in 2007. This present volume compiles the papers presented at the conferences, as well as a transcript of the round-table discussion on the subject of 'precedent' in international investment. Part I of the book is devoted to remedies, compensation, and valuation in international investment disputes. This under-theorized area of law is ripe for further exploration by lawyers and economists, and the papers in this volume present a framework for further inquiry. Part II addresses the jurisprudence emerging from investment arbitration tribunals on issues such as fair and equitable treatment, 'umbrella' clauses, and nationality of claimants. The overarching question addressed by the papers, and by the concluding roundtable, is the relationship of those decisions with general international law and whether or not there is, or should be, a doctrine of precedent in investment treaty arbitration.

International Investment Law

Hélène Ruiz Fabri,Edoardo Stoppioni
International Investment Law Book PDF

Author : Hélène Ruiz Fabri,Edoardo Stoppioni
Publisher : Bloomsbury Publishing
Page : 663 pages
File Size : 48,5 Mb
Release : 2022-05-19
Category : Law
ISBN : 9781509929061

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International Investment Law by Hélène Ruiz Fabri,Edoardo Stoppioni Pdf

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.

International Investment Law

Surya P Subedi QC
International Investment Law Book PDF

Author : Surya P Subedi QC
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 49,9 Mb
Release : 2020-06-11
Category : Law
ISBN : 9781509936373

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International Investment Law by Surya P Subedi QC 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 in 2008 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 fourth edition captures the essence of the ongoing multiple reform processes -either planned or envisaged – currently underway.

Interpretation of International Investment Treaties

Tarcisio Gazzini
Interpretation of International Investment Treaties Book PDF

Author : Tarcisio Gazzini
Publisher : Bloomsbury Publishing
Page : 423 pages
File Size : 54,8 Mb
Release : 2016-11-03
Category : Law
ISBN : 9781782255666

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Interpretation of International Investment Treaties by Tarcisio Gazzini Pdf

This book offers a systematic study of the interpretation of investment-related treaties – primarily bilateral investment treaties, the Energy Charter Treaty, Chapter XI NAFTA as well as relevant parts of Free Trade Agreements. The importance of interpretation in international law cannot be overstated and, indeed, most treaty claims adjudicated before investment arbitral tribunals have raised and continue to raise crucial and often complex issues of interpretation. The interpretation of investment treaties is governed by the Vienna Convention on the Law of Treaties (VCLT). The disputes relating to these treaties, however, are rather peculiar as they place multinational companies (or natural person) in opposition to sovereign governments. Fundamental questions dealt with in the study include: Are investment treaties a special category of treaty for the purpose of interpretation? How have the rules on interpretation contained in the VCLT been applied in investment disputes? What are the main problems encountered in investment-related disputes? To what extent are the VCLT rules suited to the interpretation of investment treaties? Have tribunals developed new techniques concerning treaty interpretation? Are these techniques consistent with the VCLT? How can problems relating to interpretation be solved or minimised? How creative have arbitral tribunals been in interpreting investment treaties? Are States capable of keeping effective control over interpretation?

Foreign Investment, International Law and Common Concerns

Tullio Treves,Francesco Seatzu,Seline Trevisanut
Foreign Investment International Law and Common Concerns Book PDF

Author : Tullio Treves,Francesco Seatzu,Seline Trevisanut
Publisher : Routledge
Page : 434 pages
File Size : 44,9 Mb
Release : 2013-10-23
Category : Law
ISBN : 9781135071899

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Foreign Investment, International Law and Common Concerns by Tullio Treves,Francesco Seatzu,Seline Trevisanut Pdf

Increasingly, transnational corporations, developed countries and private actors are broadening the boundaries of their investments into new territories, in search of a higher return on capital. This growth in direct foreign investment involves serious concerns for both the investor and host state. Various exponents of international civil society and non-governmental organisations persuasively claim that such growth in foreign investments constitutes potential and serious hazards both to the environment and the fundamental rights and freedoms of local populations. This book explores from an international law perspective the complex relationship between foreign investments and common concerns, i.e. values that do not coincide, or do not necessarily coincide, with the interests of the investor and of the host state. It pays particular attention to the role of the main international development banks in reconciling the needs of foreign investors with the protection of common concerns, such as the environment, human rights and labour rights. Among its collection of essays, the volume asks how much "regulatory space" investment law leaves; whether international investment law is an effective means of balancing contrasting interests, and whether investment arbitration currently constitutes a mechanism of global governance. In collecting the outlooks of various experts in human rights, environmental and international economic law, this book breaks new ground in exploring how attention to its legal aspects may help in navigating the relationship between foreign investment and common concerns. In doing so, the book provides valuable insights into the substantive issues and institutional aspects of international investment law.

International Investment Law and Legal Theory

Jörg Kammerhofer
International Investment Law and Legal Theory Book PDF

Author : Jörg Kammerhofer
Publisher : Cambridge University Press
Page : 391 pages
File Size : 50,5 Mb
Release : 2021-05-06
Category : Law
ISBN : 9781108839174

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International Investment Law and Legal Theory by Jörg Kammerhofer Pdf

A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.