Indirect Expropriation In International Law

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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 : 43,6 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.

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 : 51,8 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.

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 : 52,9 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.

General Principles of Law and International Investment Arbitration

Andrea Gattini,Attila Tanzi,Filippo Fontanelli
General Principles of Law and International Investment Arbitration Book PDF

Author : Andrea Gattini,Attila Tanzi,Filippo Fontanelli
Publisher : BRILL
Page : 475 pages
File Size : 50,7 Mb
Release : 2018-06-01
Category : Law
ISBN : 9789004368385

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General Principles of Law and International Investment Arbitration by Andrea Gattini,Attila Tanzi,Filippo Fontanelli Pdf

In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration. The resulting picture is that of a lively source that escapes doctrinal straitjackets and maintains its relevance.

Substantive Protection under Investment Treaties

Jonathan Bonnitcha
Substantive Protection under Investment Treaties Book PDF

Author : Jonathan Bonnitcha
Publisher : Cambridge University Press
Page : 0 pages
File Size : 51,5 Mb
Release : 2016-03-31
Category : Law
ISBN : 110761595X

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Substantive Protection under Investment Treaties by Jonathan Bonnitcha Pdf

Substantive Protection under Investment Treaties provides the first systematic analysis of the consequences of the substantive protections that investment treaties provide to foreign investors. It proposes a new framework for identifying and evaluating the costs and benefits of differing levels of investment treaty protection, and uses this framework to evaluate the levels of protection for foreign investors implied by different interpretations of the fair and equitable treatment and indirect expropriation provisions of investment treaties. The author examines the arguments and assumptions of both supporters and critics of investment treaties, seeks to test whether they are coherent and borne out by evidence, and concludes that the 'economic' justifications for investment treaty protections are much weaker than is generally assumed. As such, the 'economic' objectives of investment treaties are not necessarily in tension with other 'non-economic' objectives. These findings have important implications for the drafting and interpretation of investment treaties.

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 : 50,5 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.

International Protection of Investments

August Reinisch,Christoph Schreuer
International Protection of Investments Book PDF

Author : August Reinisch,Christoph Schreuer
Publisher : Cambridge University Press
Page : 1170 pages
File Size : 50,9 Mb
Release : 2020-06-30
Category : Law
ISBN : 1107013585

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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.

Principles of International Investment Law

Rudolf Dolzer,Ursula Kriebaum,Christoph Schreuer
Principles of International Investment Law Book PDF

Author : Rudolf Dolzer,Ursula Kriebaum,Christoph Schreuer
Publisher : Oxford University Press
Page : 561 pages
File Size : 43,6 Mb
Release : 2022-01-13
Category : Law
ISBN : 9780192672414

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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.

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 : 54,5 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.

New Zealand Yearbook of International Law

Anonim
New Zealand Yearbook of International Law Book PDF

Author : Anonim
Publisher : BRILL
Page : 466 pages
File Size : 44,7 Mb
Release : 2020-05-18
Category : Law
ISBN : 9789004423268

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New Zealand Yearbook of International Law by Anonim Pdf

The New Zealand Yearbook of International Law provides legal materials and critical commentary on issues of international law, addressing trends, state practice and policies in the development of international law in New Zealand, the South Pacific, Antarctica and globally. This Yearbook covers the period 1 January 2018 to 31 December 2018.

International Investment Law and Comparative Public Law

Stephan W. Schill
International Investment Law and Comparative Public Law Book PDF

Author : Stephan W. Schill
Publisher : Oxford University Press
Page : 922 pages
File Size : 44,9 Mb
Release : 2010-10-14
Category : Law
ISBN : 9780199589104

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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.

Expropriation in International Law

Samy Friedman
Expropriation in International Law Book PDF

Author : Samy Friedman
Publisher : Greenwood
Page : 262 pages
File Size : 50,9 Mb
Release : 1981
Category : Language Arts & Disciplines
ISBN : UOM:39015011686857

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Expropriation in International Law by Samy Friedman Pdf

The purpose of this book is to clarify issues of international importance relating to the varying interpretations of expropriation and confiscation arising during international disputes.

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 : 51,6 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.

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 : 52,9 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.

Taking of Property

United Nations Conference on Trade and Development
Taking of Property Book PDF

Author : United Nations Conference on Trade and Development
Publisher : Unknown
Page : 94 pages
File Size : 52,7 Mb
Release : 2000
Category : Law
ISBN : UOM:39015050786519

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Taking of Property by United Nations Conference on Trade and Development Pdf

Examination of the concept of "takings" in the context of international law and international investment agreements. It is an analysis of the law relating to the takings of foreign property by host countries and of the clauses International Investment Agreements' seeking to provide protection against such takings. It deals with the development of the law and considers both what possible protection against governmental interference can be given by international instruments and under what conditions and in which manner a State retains, under international law, the freedom to take action that may affect foreign property in the interests of its economic development.