Expropriation In Investment Treaty Arbitration

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Regulatory Freedom and Indirect Expropriation in Investment Arbitration

Aniruddha Rajput
Regulatory Freedom and Indirect Expropriation in Investment Arbitration Book PDF

Author : Aniruddha Rajput
Publisher : Kluwer Law International B.V.
Page : 250 pages
File Size : 42,6 Mb
Release : 2018-12-20
Category : Law
ISBN : 9789403506258

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Regulatory Freedom and Indirect Expropriation in Investment Arbitration by Aniruddha Rajput Pdf

Many investment arbitration cases involve a challenge to a regulatory measure of a host state on the basis of indirect expropriation. The practice of arbitral tribunals is diverse and unsettled. In recent years States have been trying to clarify the relationship between regulatory freedom (also known as 'police powers') and indirect expropriation by revising provisions on indirect expropriation in their investment treaties. This book provides the first focused analysis of indirect expropriation and regulatory freedom, drawing on a broad range of the jurisprudence of investment tribunals. The nature of regulatory freedom in international law has been explained on the bases of jurisprudence of international courts and tribunals such as the International Court of Justice (ICJ), Permanent Court of International Justice (PCIJ), dispute resolution bodies of the World Trade Organisation (WTO), European Court of Human Rights. While showing how cases involving standoff between regulatory freedom and indirect expropriation can be resolved in practice, the book goes on to present a conceptual framework for interpreting the nuances of this relationship. The book provides a detailed responses to the following complex questions: • To what extent do states retain regulatory freedom after entering into investment treaties? • What is the scope of regulatory freedom in general public international law? • What are the elements of regulatory freedom and standard of review? • How to draw a dividing line between regulatory freedom and indirect expropriation? • Whether the sole effects doctrine or the police powers is the appropriate method for distinguishing between regulatory freedom and indirect expropriation? While addressing these questions, the author analyses different theoretical approaches that reflect upon the relationship between regulatory freedom and indirect expropriation and how far they assist in understanding these potentially overlapping concepts; their relationship with each other; and the method for distinguishing between them. Given the dense network of around three thousand bilateral investment treaties (BITs) that impose an obligation to protect foreign investments in a State, this book will help practitioners identify, through analysis of cases from diverse fields, how a situation may be categorized either as regulatory freedom or as indirect expropriation. The analysis will also be of value to government officials and lawyers involved in negotiating and re-negotiating investment treaties, and to arbitrators who have to decide these issues. Scholars will welcome the book's keen insight into the contentious relationship between a customary international law norm and a treaty norm.

Indirect Expropriation in International Law

Sebastián López Escarcena
Indirect Expropriation in International Law Book PDF

Author : Sebastián López Escarcena
Publisher : Edward Elgar Publishing
Page : 295 pages
File Size : 54,5 Mb
Release : 2014-02-28
Category : Law
ISBN : 9781782544111

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Indirect Expropriation in International Law by Sebastián López Escarcena Pdf

When does a state measure become subject to compensation as an indirect expropriation under international law? The author examines claims of indirect takings from such fora as the Iran-United States Claims Tribunal, the European Court of Human Rights, and arbitral panels in investment treaty arbitrations.

Expropriation in Investment Treaty Arbitration

Johanne M. Cox
Expropriation in Investment Treaty Arbitration Book PDF

Author : Johanne M. Cox
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 50,9 Mb
Release : 2019
Category : Law
ISBN : 0198804911

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Expropriation in Investment Treaty Arbitration by Johanne M. Cox Pdf

In recent years, there has been a marked increase in the number of investors seeking compensation from states perceived to have expropriated their projects. Part of the Oxford International Arbitration Series, this book provides a comprehensive guide to expropriation and how it is applied in practice. The book begins by introducing the law of expropriation from a historical standpoint, charting some of the key decisions in the history of expropriation and how it has evolved to become an accepted principle in international law today. It then proceeds to offer a detailed examination of existing case law, from which common substantive principles of the international law on expropriation are drawn out. Relevant international cases from the ICJ, ECHR, Iran-US Tribunal, ICSID, NAFTA, and the ECT are considered to complement the focus on investment treaty arbitration. The book also examines the interplay between expropriation and other standards of treaty protection, namely fair and equitable treatment. The final chapters comment on current trends and assess the relevance of expropriation in the present day.

Expropriation in Investment Treaty Arbitration

Johanne M. Cox
Expropriation in Investment Treaty Arbitration Book PDF

Author : Johanne M. Cox
Publisher : Unknown
Page : 383 pages
File Size : 40,5 Mb
Release : 2019
Category : Electronic
ISBN : 0191843423

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Expropriation in Investment Treaty Arbitration by Johanne M. Cox Pdf

This work provides a comprehensive guide to expropriation and how it is applied in practice. It offers detailed examination of existing case law and explores the interplay between expropriation and other standards of treaty protection.

International Investment Law and Water Resources Management

Ana Maria Daza-Clark
International Investment Law and Water Resources Management Book PDF

Author : Ana Maria Daza-Clark
Publisher : BRILL
Page : 260 pages
File Size : 46,7 Mb
Release : 2016-12-01
Category : Law
ISBN : 9789004335301

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International Investment Law and Water Resources Management by Ana Maria Daza-Clark Pdf

In International Investment Law and Water Resources Management, Daza-Clark offers an appraisal of indirect expropriation, including an analysis of the doctrine of police power.

Investment Treaty Arbitration

Kaj Hobér,Joel Dahlquist Cullborg
Investment Treaty Arbitration Book PDF

Author : Kaj Hobér,Joel Dahlquist Cullborg
Publisher : Edward Elgar Publishing
Page : 800 pages
File Size : 47,8 Mb
Release : 2018-06-29
Category : Law
ISBN : 9781786433626

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Investment Treaty Arbitration by Kaj Hobér,Joel Dahlquist Cullborg Pdf

Investment Treaty Arbitration is an excellent teaching tool for lecturers and readers of international investment arbitration. This casebook includes over 40 exercises based on real-life disputes, helping readers evaluate and analyse all aspects of the topic.

State Liability in Investment Treaty Arbitration

Santiago Montt
State Liability in Investment Treaty Arbitration Book PDF

Author : Santiago Montt
Publisher : Bloomsbury Publishing
Page : 460 pages
File Size : 49,7 Mb
Release : 2009-11-30
Category : Law
ISBN : 9781847315489

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State Liability in Investment Treaty Arbitration by Santiago Montt Pdf

Today there are more than 2,500 bilateral investment treaties (BITs) around the world. Most of these investment protection treaties offer foreign investors a direct cause of action to claim damages against host-states before international arbitral tribunals. This procedure, together with the requirement of compensation in indirect expropriations and the fair and equitable treatment standard, have transformed the way we think about state liability in international law. We live in the BIT generation, a world where BITs define the scope and conditions according to which states are economically accountable for the consequences of regulatory change and administrative action. Investment arbitration in the BIT generation carries new functions which pose unprecedented normative challenges, such as the arbitral bodies established to resolve investor/state disputes defining the relationship between property rights and the public interest. They also review state action for arbitrariness, and define the proper tests under which that review should proceed. State Liability in Investment Treaty Arbitration is an interdisciplinary work, aimed at academics and practitioners, which focuses on five key dimensions of BIT arbitration. First, it analyses the past practice of state responsibility for injuries to aliens, placing the BIT generation in historical perspective. Second, it develops a descriptive law-and-economics model that explains the proliferation of BITs, and why they are all worded so similarly. Third, it addresses the legitimacy deficits of this new form of dispute settlement, weighing its potential advantages and democratic shortfalls. Fourth, it gives a comparative overview of the universal tension between property rights and the public interest, and the problems and challenges associated with liability grounded in illegal and arbitrary state action. Finally, it presents a detailed legal study of the current state of BIT jurisprudence regarding indirect expropriations and the fair and equitable treatment clause. This title is included in Bloomsbury Professional's International Arbitration online service.

Investment Treaty Arbitration and International Law - Volume 8

Ian A. Laird,Sabahi, Frédéric G. Sourgens,Todd J. Weiler,
Investment Treaty Arbitration and International Law Volume 8 Book PDF

Author : Ian A. Laird,Sabahi, Frédéric G. Sourgens,Todd J. Weiler,
Publisher : Juris Publishing, Inc.
Page : 417 pages
File Size : 52,7 Mb
Release : 2015-03-01
Category : Conflict of laws
ISBN : 9781937518691

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Investment Treaty Arbitration and International Law - Volume 8 by Ian A. Laird,Sabahi, Frédéric G. Sourgens,Todd J. Weiler, Pdf

This volume contains the papers and proceedings of the eighth annual Juris Conference addressing new developments in investment treaty arbitration with a focus on the fundamental issues that have drawn some of the greatest controversies in the jurisprudence over the past few years. The four topics addressed in this book include: Challenges to Arbitrators: Should the Challenge Process Be Overhauled?New Developments in Definition of "Investment": What Is the Role of the Concept of "Property" in Investment Arbitration?Is Investment Treaty Arbitration a Mechanism to Second-guess Governments' Exercise of Administrative Discretion: Public Law or Lex Investoria?Awarding Damages: Proportionality, Contributory Fault, and Arbitral Tribunals' Discretion or Toss of a Coin? Contributors: Meriam N. Alrashid Paul Barker Julie Bédard Alexander Bĕlohlávek Amal Bouchenaki Mark N. Bravin Kate Brown de Vejar Julián Cárdenas Garcia Tina Cicchetti Robert A. DeRise Paolo Di Rosa James Egerton-Vernon Timothy L. Foden George K. Foster John Y. Gotanda George Kahale III Jonathan S. Kallmer Joshua Karton Matthew S. Kronby Pablo D. López Zadicoff Juan Felipe Merizalde Urdaneta Craig Miles Caline Mouawad Timothy G. Nelson Michael Nolan Eloïse Obadia Sirshar Qureshi Charles E. Roh Charles B. Rosenberg Margarita R. Sánchez Matthew D. Slater Fernando A. Tupa Janet M. Whittaker

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 : 46,6 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 Interplay

Riddhi Dasgupta
International Interplay Book PDF

Author : Riddhi Dasgupta
Publisher : Cambridge Scholars Publishing
Page : 480 pages
File Size : 47,5 Mb
Release : 2014-09-26
Category : Law
ISBN : 9781443867658

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International Interplay by Riddhi Dasgupta Pdf

Are international tribunals heading towards greater sovereignty or towards greater liberalisation of property rights? Can we glean specific deductions from prevailing cases outside the expropriation arena? How can we justifiably extrapolate principles from international investment arbitration before modifying and applying these lessons to international human rights, the World Trade Organization regime and other dispute settlement systems? What, if any, degree of deference attends the assessment of various claims undertaken by international tribunals? Does this depend on high commerce, force majeure, military or paramilitary control, urgent nuclear and environmental considerations, transboundary harms, political instability, fraud and deception or other special circumstances? Where do textually strict treaty interpretations end and the general principles of international law take over? Can autonomous treaty interpretation by international tribunals be reconciled with the host State’s prerogative of defining its own protected public interests? Where is the tipping point, too frequently fraught with the potential to deprive States of the incentive to stay within the applicable international compact? These issues must be comparatively addressed. Contemporary international law developments and dislocations are occurring at a break-neck pace. We pause and contemplate the implications. Riddhi Dasgupta analyses the standards of Expropriation, Exhaustion of Local Remedies, Continuous Nationality, Non-Discrimination (National Treatment, Most Favoured Nation and Domestic Discrimination), Fair and Equitable Treatment, Minimum Standard of Treatment, and Compensation across international dispute settlement. The foundational and evolving concept of consent is required to justify all public international law, from genesis onwards. The potency of expropriation-based claims will continue to expand, and the comparative lessons drawn from various international law regimes will interplay to stirring effect. Writing accessibly, Dasgupta proposes various legal strategies going forward and makes analytical prognostications about this area of international law. Dasgupta presents influential interview and anecdotal results as well as statistics concerning the growing flow of investments in targeted jurisdictions and sectors. For the international lawyer’s benefit, the final chapter condenses the book’s tactical scenario-planning and advice. Institutional dialogues among tribunals as well as tribunal dialogues with politicians, investors, NGOs, and of course citizens (the ultimate boson) will assume absolutely indispensable significance. This will be the true tipping-point in the eye of the storm. Legitimacy, transparency, justice, efficiency and economy, candour, party autonomy, coherence, incentives, and the tense clash of interests reappear as the constant motifs in this important but relatively unknown saga. Studiedly neutral in its orientation, this book strives to promote constructive solutions as well as public awareness.

Introduction to Investor-State Arbitration

Yves Derains,Josefa Sicard-Mirabal
Introduction to Investor State Arbitration Book PDF

Author : Yves Derains,Josefa Sicard-Mirabal
Publisher : Kluwer Law International B.V.
Page : 362 pages
File Size : 53,7 Mb
Release : 2018-10-17
Category : Law
ISBN : 9789041184016

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Introduction to Investor-State Arbitration by Yves Derains,Josefa Sicard-Mirabal Pdf

Today thousands of investors act globally in markets providing services, technology or capital in countries all around the world. This activity can be peacefully accomplished when both the investor and the host State know that the disputes will be resolved under the aegis of the investor-State arbitration regime, wherein an investor is provided with a direct right of action against a State, most commonly stemming from a bilateral or multilateral investment treaty. This book approaches the substantive and sometimes difficult concepts of investor-State arbitration in a clear and concise explanatory fashion. In the course of acquainting the reader with the basic legal concepts and policies of the regime, the authors address such issues as the following: • consent to jurisdiction; • State responsibility; • possible conflict of interests; • mechanisms for reviewing an award; • damages and costs; and • enforcement. The book examines a number of arbitration procedures arising from various perspectives with differing underlying assumptions while highlighting important cases. Given that investor-State arbitration is now under the public watch and facing many challenges, this remarkably clear and concise overview of the regime will prove to be of great value to in-house counsel and other practitioners, as well as to government policymakers and students.x`

Damages in Investor-State Arbitration

Irmgard Marboe
Damages in Investor State Arbitration Book PDF

Author : Irmgard Marboe
Publisher : BRILL
Page : 92 pages
File Size : 43,5 Mb
Release : 2018-05-15
Category : Law
ISBN : 9789004372382

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Damages in Investor-State Arbitration by Irmgard Marboe Pdf

Damages in Investor-State Arbitration: Current Issues and Challenges addresses specificities of the assessment of damages in investor-state disputes reflecting the tensions between sovereignty and self-determination of states and their legal obligations towards foreign investors.

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 : Oxford University Press
Page : 586 pages
File Size : 41,7 Mb
Release : 2014-02
Category : Law
ISBN : 9780199685387

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

Bringing together conceptual theories of international investment law with the practical application of the law in treaty arbitration, this book investigates the key controversies in the field. It provides a detailed examination of how a different theoretical approach would have led to a different outcome in a number of important arbitral awards.

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 : 497 pages
File Size : 52,6 Mb
Release : 2016
Category : Law
ISBN : 9780198738428

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

In light of the controversies surrounding the impact of investment treaties and arbitration, this book reflects on the major changes in the area of international investment law.

International Investment Law

Arnaud de Nanteuil
International Investment Law Book PDF

Author : Arnaud de Nanteuil
Publisher : Edward Elgar Publishing
Page : 408 pages
File Size : 53,6 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.