Full Protection And Security In International Investment Law

Author : Sebastián Mantilla Blanco
Publisher : Springer Nature
Page : 698 pages
File Size : 43,6 Mb
Release : 2019-10-24
Category : Law
ISBN : 9783030248383

Get Book

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.

Author : Johanna Braun
Publisher : Nomos Verlag
Page : 250 pages
File Size : 51,7 Mb
Release : 2022-10-28
Category : Law
ISBN : 9783748932796

Get Book

Host State Circumstances and Absolute Standards of Protection in International Investment Law by Johanna Braun Pdf

Dieses Werk beschäftigt sich mit den sogenannten "absoluten" Schutzstandards im internationalen Investitionsschutzrecht: dem Fair and Equitable Treatment (FET) und dem Full Protection and Security (FPS) Standard. Es bearbeitet die Frage, ob außergewöhnliche Umstände im Gaststaat einen Einfluss auf die Auslegung dieser Standards haben. Zu diesem Zweck untersucht die Autorin die normativen Grundlagen beider Standards, einschließlich des jeweiligen Wortlauts, Systematik und Zweck, bevor die bestehende Schiedsgerichtspraxis analysiert wird. .

Author : August Reinisch
Publisher : OUP Oxford
Page : 304 pages
File Size : 48,7 Mb
Release : 2008-09-11
Category : Political Science
ISBN : 9780191563201

Get Book

Standards of Investment Protection by August Reinisch Pdf

This volume examines the standards of treatment, demanded from host states, that form the basis of contemporary international investment protection. It analyses the core standards commonly contained in bilateral and multilateral investment treaties, including 'fair and equitable treatment', 'full protection and security', and the non-discrimination standards. The burgeoning case-law before arbitral tribunals has exercised a huge influence on how these standards are interpreted in practice. The essays in this volume, by leading practitioners and scholars in the field of investment arbitration, analyse the case-law and provide a framework for a common consensus to emerge on how the standards should be applied in future.

Author : August Reinisch,Christoph Schreuer
Publisher : Cambridge University Press
Page : 1170 pages
File Size : 50,5 Mb
Release : 2020-06-30
Category : Law
ISBN : 1107013585

Get Book

International Protection of Investments by August Reinisch,Christoph Schreuer Pdf

This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.

Author : Johanna Braun
Publisher : Unknown
Page : 0 pages
File Size : 45,7 Mb
Release : 2022-11
Category : Electronic
ISBN : 3848774887

Get Book

Host State Circumstances and Absolute Standards of Protection in International Investment Law by Johanna Braun Pdf

Author : Krista Nadakavukaren Schefer
Publisher : Edward Elgar Publishing
Page : 597 pages
File Size : 43,5 Mb
Release : 2020-02-28
Category : Law
ISBN : 9781788977227

Get Book

International Investment Law by Krista Nadakavukaren Schefer Pdf

This up-to-date and revised third edition offers a clear and comprehensive overview aimed at upper-level undergraduate and postgraduate courses on international investment law. Key features and benefits include: • concise descriptions of legal principles followed by classic and contemporary cases • extracts from and analysis of key recent decisions, revised investment treaty texts and new court system proposals • detailed discussion notes and all new ‘Questions to an Expert’ to enable classroom discussion and facilitate critical reflection.

Author : Freya Baetens
Publisher : Cambridge University Press
Page : 569 pages
File Size : 44,5 Mb
Release : 2013-08-01
Category : Law
ISBN : 9781107434912

Get Book

Investment Law within International Law by Freya Baetens Pdf

Developments within various sub-fields of international law influence international investment law, but changes in investment law also have an impact on the evolution of other fields within international law. Through contributions from leading scholars and practitioners, this book analyses specific links between investment law and other sub-fields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and EU law. In particular, this book scrutinises how concepts, principles and rules developed in the context of such sub-fields could inform the content of investment law. Solutions aimed at resolving problems in other settings may provide instructive examples for addressing current problems in the field of investment law, and vice versa. The underlying question is whether key sub-fields of public international law, notably international investment law, are open to cross-fertilisation, or, whether they are evolving further into self-contained regimes.

Author : Katia Fach Gómez,Anastasios Gourgourinis,Catharine Titi
Publisher : Springer
Page : 542 pages
File Size : 43,9 Mb
Release : 2019-08-05
Category : Law
ISBN : 9783030107468

Get Book

International Investment Law and the Law of Armed Conflict by Katia Fach Gómez,Anastasios Gourgourinis,Catharine Titi Pdf

Assessing the extent to which armed conflict impacts the obligations that states have towards foreign investors and their investments under international investment treaties requires considering a wide range of issues, many of which are systemic in nature. These include substantive and procedural topics, not only with regard to international investment law, but also concerning the law on the use of force, international humanitarian law and human rights law, the law of treaties, the law of state responsibility and the law of state succession.This volume provides an in-depth assessment of the overlap between international investment law and the law of armed conflict by charting the terrain of the multifaceted and complex relationship between these two fields of public international law, fostering debate and offering novel perspectives on the matter.

Author : August Reinisch
Publisher : Oxford University Press
Page : 301 pages
File Size : 41,5 Mb
Release : 2008
Category : Law
ISBN : 9780199547432

Get Book

Standards of Investment Protection by August Reinisch Pdf

This volume examines the standards of treatment, demanded from host states, that form the basis of contemporary international investment protection. Practitioners and academics analyse the interpretation of core standards in arbitration proceedings, and present the emerging judicial consensus shaping their practical application.

Author : Meg Kinnear,Geraldine R. Fischer
Publisher : Kluwer Law International B.V.
Page : 778 pages
File Size : 40,6 Mb
Release : 2015-12-22
Category : Law
ISBN : 9789041161413

Get Book

Building International Investment Law by Meg Kinnear,Geraldine R. Fischer Pdf

This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by an expert on the chapter’s particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analyzing what the case held, how it has been applied, and its overall significance to the development of international investment law. These topics include: - applicable law; - res judicata in investor-State arbitration; - notion of investment; - investor nationality; - consent to arbitration; - substantive standards of treatment; - consequences of corruption in investor-State arbitration; - State defenses - counter-claims; - assessment of damages and cost considerations; - ICSID Arbitration Rule 41(5) objections; - mass claims, consolidation and parallel proceedings; - provisional measures; - arbitrator challenges; - transparency and amicus curiae; and - annulment. Because the law of international investment continues to grow in importance in an ever globalizing world, this book is more than a fitting way to mark the past fifty years and to welcome the next fifty years of development. It will prove both educational for practitioners new to the field and informative for seasoned investment lawyers. Moreover, the book itself is a landmark that will be of great value to professionals, scholars and students interested in international investment law.

Author : Rudolf Dolzer,Ursula Kriebaum,Christoph Schreuer
Publisher : Oxford University Press
Page : 561 pages
File Size : 48,9 Mb
Release : 2022-01-13
Category : Law
ISBN : 9780192672414

Get Book

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.

Author : Tobias Ackermann,Sebastian Wuschka
Publisher : Nijhoff International Investme
Page : 491 pages
File Size : 43,9 Mb
Release : 2020-12-17
Category : Business & Economics
ISBN : 9004442804

Get Book

Investments in Conflict Zones by Tobias Ackermann,Sebastian Wuschka Pdf

Investments in Conflict Zones' addresses the topical and underexplored role of international investment law in armed conflicts, disputed territories, and 'frozen' conflicts. The edited collection explores how these different conflict situations impact the application and interpretation of international investment law and how the protection of investors can be reconciled with the politically charged circumstances and state interests involved. Written by a selected group of experts from different fields of international law, the volume moves beyond the confines of investment law, offering novel insights on its intersection with the law of armed conflict, human rights law, the law of the sea, general international law and national laws, including those adopted by de facto regimes which lack recognition as states.

Author : Arnaud de Nanteuil
Publisher : Edward Elgar Publishing
Page : 408 pages
File Size : 42,9 Mb
Release : 2020-02-28
Category : Law
ISBN : 9781788975896

Get Book

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.

Author : Stephan W. Schill
Publisher : Oxford University Press
Page : 922 pages
File Size : 48,6 Mb
Release : 2010-10-14
Category : Law
ISBN : 9780199589104

Get Book

International Investment Law and Comparative Public Law by Stephan W. Schill Pdf

International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.

Author : Surya P Subedi
Publisher : Bloomsbury Publishing
Page : 391 pages
File Size : 44,5 Mb
Release : 2024-03-21
Category : Law
ISBN : 9781509975174

Get Book

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