Improving International Investment Agreements

Author : Armand De Mestral,Céline Lévesque
Publisher : Routledge
Page : 441 pages
File Size : 50,8 Mb
Release : 2013-02-11
Category : Law
ISBN : 9781136260711

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Improving International Investment Agreements by Armand De Mestral,Céline Lévesque Pdf

This book presents the reflections of a group of researchers interested in assessing whether the law governing the promotion and protection of foreign investment reflects sound public policy. Whether it is the lack of "checks and balances" on investor rights or more broadly the lack of balance between public rights and private interests, the time is ripe for an in-depth discussions of current challenges facing the international investment law regime. Through a survey of the evolution in IIA treaty-making and an evaluation from different perspectives, the authors take stock of developments in international investment law and analyze potential solutions to some of the criticisms that plague IIAs. The book takes a multidisciplinary approach to the subject, with expert analysis from legal, political and economic scholars. The first part of the book traces the evolution of IIA treaty-making whilst the other three parts are organised around the concepts of efficiency, legitimacy and sustainability. Each contributor analyzes one or more issues related to substance, treaty negotiation, or dispute resolution, with the ultimate aim of improving IIA treaty-making in these respects. Improving International Investment Agreements will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

Author : Park, Tae J.
Publisher : Edward Elgar Publishing
Page : 192 pages
File Size : 42,9 Mb
Release : 2022-03-15
Category : Law
ISBN : 9781802202434

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Incomplete International Investment Agreements by Park, Tae J. Pdf

This timely book is a comprehensive analysis of incomplete International Investment Agreements (IIAs), featuring insights from negotiating experiences in a number of bilateral and multilateral investment treaties. It examines problems, causes, and solutions surrounding this phenomenon by employing incomplete contract theory, and opens new avenues in discussing how to correct incomplete IIAs.

Author : Julien Chaisse,Tomoko Ishikawa,Sufian Jusoh
Publisher : Springer
Page : 260 pages
File Size : 53,9 Mb
Release : 2017-10-24
Category : Law
ISBN : 9789811058820

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Asia's Changing International Investment Regime by Julien Chaisse,Tomoko Ishikawa,Sufian Jusoh Pdf

This book focuses on the Asia-Pacific region, delineating the evolving dynamics of foreign investment in the region. It examines the relationship between efforts to increase foreign direct investment (FDI) and efforts to improve governance and inclusive growth and development. Against a background of rapidly developing international investment law, it emphasises the need to strike a balance between these domestic and international legal frameworks, seeking to promote both foreign investment and the laws and policies necessary to regulate investments and investor conduct. Foreign investments play a pivotal role in most countries’ political economies, and in order to encourage cross-border capital flows, countries have taken various steps, such as revising their domestic legal frameworks, liberalising rules on inward and outward investment, and creating special regimes that provide incentives and protections for foreign investment. Alongside the developments in domestic laws, countries have also taken bilateral and multilateral action, including entering into trade and/or investment agreements. Further, the book explores regional investment trends, highlights specific features of Asia-Pacific investment laws and treaties, and analyses policy implications. It addresses four overarching themes: the trends (how Asia-Pacific’s agreements compare with recent global trends in the evolving rules on foreign investment); what China is doing; current investment arbitration practice in Asia; and the importance of regionalising investment law in the Asia-Pacific region. In addition, it identifies and discusses the research and policy gaps that should be filled in order to promote more sustainable and responsible investment. The book offers a valuable resource not only for academics and students, but also for trade and investment officials, policy-makers, diplomats, economists, lawyers, think tanks, and business leaders interested in the governance and regulation of foreign investment, economic policy reforms, and the development of new types of investment agreements.

Author : Steffen Hindelang,Markus Krajewski
Publisher : Oxford University Press
Page : 497 pages
File Size : 44,7 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.

Author : Kenneth J. Vandevelde
Publisher : Oxford University Press
Page : 909 pages
File Size : 49,5 Mb
Release : 2009
Category : Law
ISBN : 9780195371376

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U.S. International Investment Agreements by Kenneth J. Vandevelde Pdf

Discusses the bilateral investment treaty, or BIT.

Author : United Nations Conference on Trade and Development
Publisher : Unknown
Page : 140 pages
File Size : 43,6 Mb
Release : 1999
Category : Business & Economics
ISBN : UOM:39015050307704

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Trends in International Investment Agreements by United Nations Conference on Trade and Development Pdf

"United Nations publication, sales no. E.99.II.D.23"--T.p. verso.

Author : Stephan W. Schill,Christian J. Tams,Rainer Hofmann
Publisher : Edward Elgar Publishing
Page : 488 pages
File Size : 50,7 Mb
Release : 2015-12-18
Category : LAW
ISBN : 9781784711351

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International Investment Law and Development by Stephan W. Schill,Christian J. Tams,Rainer Hofmann Pdf

International investment law has often been seen as an obstacle to sustainable development. While the connections between investment and development are plain, for a long time there has been relatively little scholarship exploring them. Combining critical reflection and detailed analysis, this book addresses the relationship between contemporary investment law and development. The book is organized around two competing visions of investment and development - as working either harmoniously or in conflict with one another. The expert contributors reflect on both of these views and analyse the social dimensions of development and its impact on investment law. Coverage includes in-depth discussion on such issues as human rights, poverty reduction, labor standards, and indigenous peoples. Students and scholars of international investment law will benefit from the informed analysis of the links between investment and development. This book will also be of use to practitioners and experts of development law who are looking for an up-to-date perspective of the field.

Author : Leon Trakman,Nicola Ranieri
Publisher : Oxford University Press
Page : 560 pages
File Size : 53,7 Mb
Release : 2013-03-07
Category : Law
ISBN : 9780199874859

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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.

Author : Jonathan Bonnitcha,Lauge N. Skovgaard Poulsen,Michael Waibel
Publisher : Oxford University Press
Page : 336 pages
File Size : 41,6 Mb
Release : 2018-01-26
Category : Business & Economics
ISBN : 9780192529831

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The Political Economy of the Investment Treaty Regime by Jonathan Bonnitcha,Lauge N. Skovgaard Poulsen,Michael Waibel Pdf

Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in international investment arbitration is growing and some developed and developing countries are beginning to revisit their investment treaty policies. The Political Economy of the Investment Treaty Regime synthesises and advances the growing literature on this subject by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, it asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment? Through a concise, but comprehensive, analysis, this book fills in some of the many "blind spots" of academics from different disciplines, and is the first port of call for lawyers, investors, policy-makers, and stakeholders trying to make sense of these critical instruments governing investor-state relations.

Author : United Nations Conference on Trade and Development
Publisher : Boom Koninklijke Uitgevers
Page : 112 pages
File Size : 47,7 Mb
Release : 2024-06-17
Category : Electronic
ISBN : 9211126959

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International investment arrangements by United Nations Conference on Trade and Development Pdf

Author : Roberto Echandi,Pierre Sauvé
Publisher : Cambridge University Press
Page : 495 pages
File Size : 53,8 Mb
Release : 2013-04-18
Category : Law
ISBN : 9781107355606

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Prospects in International Investment Law and Policy by Roberto Echandi,Pierre Sauvé Pdf

The negotiation of a patchy but burgeoning network of international investment agreements and the increasing use to which they are put is generating a growing body of jurisprudence which, while still evolving, requires closer analytical scrutiny. Drawing on many of the most distinguished voices in investment law and policy, and offering novel, multidisciplinary perspectives on the rapidly evolving landscape shaping international investment activity and treaty-making, this book explores the most important economic, legal and policy challenges in contemporary international investment law and policy. It also examines the systemic implications flowing from frenetic recent judicial activism in investment matters and advances several innovative propositions for how best to promote greater overall coherence in rule-design, treaty use and policy making and thus offer a better balance between the rights and obligations of international investors and host states.

Author : Marie-Claire Cordonier Segger,Markus W. Gehring,Andrew Paul Newcombe
Publisher : Kluwer Law International B.V.
Page : 978 pages
File Size : 41,5 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041131669

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Sustainable Development in World Investment Law by Marie-Claire Cordonier Segger,Markus W. Gehring,Andrew Paul Newcombe Pdf

Sustainable development, as defined by the World Commission on Environment and Development, is "development that meets the needs of the present without compromising the ability of future generations to meet their own needs." More specifically, sustainable development is a process of change that seeks to improve the collective quality of life by focusing on economically, socially, and environmentally sound projects that are viable in the long-term. Sustainable development requires structural economic change and the foundation of that change is investment. In developing nations with low levels of domestic savings, investment predictably comes from abroad in the form of foreign direct investment. A large and ever expanding number of international investment agreements are in place to govern these transactions. While these accords seek to foster development while mitigating the risk involved in these types investments, many questions remain unresolved. This highly insightful book reflects the contributions of a variety of world renowned experts each of which is designed to provide the reader with valuable perspective on recent developments in investment law negotiations and jurisprudence from a sustainable development law perspective. It offers answers to pertinent questions concerning advancements in investment law, including the negotiation of numerous regional and bilateral agreements as well as the increasing number of disputes resolved in the World Bank's International Centre for the Settlement of Investment Disputes (ICSID), from different developed and developing country perspectives. It lays out future directions for new treaty negotiations and dispute settlement proceedings, as well as ongoing investment promotion efforts, against a background of rapidly evolving international relationships between economic, environment and development law. It focuses on key issues in investment laws which have emerged as priorities in the negotiation of bilateral and regional investment agreements, and have been clarified through recent decisions of the ICSID and other arbitral panel awards.

Author : Stephan W. Schill,Christian J. Tams,Rainer Hofmann
Publisher : Edward Elgar Publishing
Page : 400 pages
File Size : 51,8 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.

Author : OECD
Publisher : OECD Publishing
Page : 344 pages
File Size : 55,7 Mb
Release : 2008-03-14
Category : Electronic
ISBN : 9789264042032

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International Investment Law: Understanding Concepts and Tracking Innovations A Companion Volume to International Investment Perspectives by OECD Pdf

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 : Makane Moïse Mbengue,Stefanie Schacherer
Publisher : Springer
Page : 370 pages
File Size : 42,6 Mb
Release : 2018-12-07
Category : Law
ISBN : 9783319983615

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Foreign Investment Under the Comprehensive Economic and Trade Agreement (CETA) by Makane Moïse Mbengue,Stefanie Schacherer Pdf

This book analyzes the investment chapter of a new type of trade agreement between Canada and the European Union to help readers gain a better understanding of this mega-regional deal, which includes foreign investment protection. It first provides background information on the Comprehensive Economic and Trade Agreement (CETA), particularly focusing on the chapter on foreign investment, including the rules on the entry of investments, their protection and the stringent dispute settlement mechanism. It goes on to explore whether these provisions are a further step toward reforming the current international investment law regime. It also examines the highly innovative part of the agreement: the inclusion of crosscutting issues, such as sustainable development. In addition, it examines the CETA investment chapter from the perspective of non-contracting parties, including Africa, Asia and Latin America. The book is of interest to academics and students in the field of international investment law. It is also an essential resource for government legal advisers, policymakers, business practitioners, and others dealing with international investment law.