International Investment Rule Making

Author : Armand De Mestral,Céline Lévesque
Publisher : Routledge
Page : 442 pages
File Size : 43,6 Mb
Release : 2013-02-11
Category : Law
ISBN : 9781136260704

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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 : United Nations Conference on Trade and Development
Publisher : Unctad Series International Investment
Page : 130 pages
File Size : 52,8 Mb
Release : 2008
Category : Business & Economics
ISBN : UCSD:31822036463487

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International Investment Rule-making by United Nations Conference on Trade and Development Pdf

This paper has a three-fold objective. It reviews sixty years of international investment rule-making and identifies main trends in current treaty practice, as well as the core characteristics of the existing universe of international investment agreements (IIAs) at the beginning of the 21st century. Based on this analysis, the third part describes the main challenges for policy markers and IIA negotiators dering from present IIA system, and makes a number of suggestions on how to deal with them. The fourth part contains a brief outlook concerning the future evolution of the IIA universe.

Author : Julien Chaisse,Sufian Jusoh
Publisher : Unknown
Page : 0 pages
File Size : 40,8 Mb
Release : 2016
Category : Investments, Foreign
ISBN : 1785360019

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The ASEAN Comprehensive Investment Agreement by Julien Chaisse,Sufian Jusoh Pdf

The International Investment regime is one of the fastest growing areas of international economic law which increasingly rely on large membership investment treaties such as the ASEAN comprehensive Investment Agreement. This book comprehensively examines the role of this specific agreement and situates it in the wider trend towards the regionalisation of laws and policy on foreign investment.

Author : Roberto Echandi,Pierre Sauvé,World Trade Institute (Bern, Switzerland)
Publisher : Cambridge University Press
Page : 495 pages
File Size : 55,5 Mb
Release : 2013-04-18
Category : Law
ISBN : 9781107035867

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Prospects in International Investment Law and Policy by Roberto Echandi,Pierre Sauvé,World Trade Institute (Bern, Switzerland) Pdf

Addresses the most central debates in contemporary investment law and policy.

Author : Surya P Subedi QC
Publisher : Bloomsbury Publishing
Page : 258 pages
File Size : 48,7 Mb
Release : 2012-08-01
Category : Law
ISBN : 9781847319876

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International Investment Law by Surya P Subedi QC Pdf

This book offers an up-to-date, scholarly overview of the law of foreign investment, incorporating a thorough and succinct 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 unduly restrict the right of host governments to implement their public policy, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country, on the other. Since the first edition was published a number of landmark decisions have been produced by various international investment tribunals, calling for an update in what is a fast growing and rapidly changing investment environment. In addition, scholars and other actors, both non-governmental and inter-governmental, have responded to the agenda set by the first edition of this book; thus the second edition also reflects on the work of some of these major actors in the field. This is perhaps the first book of its type authored by an international lawyer who has taught, researched and advised in both the developed and developing world over the past 25 years. The wealth of experience he brings to the task enables him to develop unique insights into the interplay between the law, economics and politics of foreign investment, making this book essential reading for students, scholars, practitioners and diplomats interested in the contemporary law of foreign investment.

Author : Nicolás M. Perrone
Publisher : Oxford University Press
Page : 256 pages
File Size : 49,6 Mb
Release : 2021-01-14
Category : Law
ISBN : 9780192606747

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Investment Treaties and the Legal Imagination by Nicolás M. Perrone Pdf

Foreign investors have a privileged position under investment treaties. They enjoy strong rights, have no obligations, and can rely on a highly efficient enforcement mechanism: investor-state dispute settlement (ISDS). Unsurprisingly, this extraordinary status has made international investment law one of the most controversial areas of the global economic order. This book sheds new light on the topic, by showing that foreign investor rights are not the result of unpredicted arbitral interpretations, but rather the outcome of a world-making project realized by a coalition of business leaders, bankers, and their lawyers in the 1950s and 1960s. Some initiatives that these figures planned for did not emerge, such as a multilateral investment convention, but they were successful in developing a legal imagination that gradually occupied the space of international investment law. They sought not only to set up a dispute settlement mechanism but also to create a platform to ground their vision of foreign investment relations. Tracing their normative project from the post-World War II period, this book shows that the legal imagination of these business leaders, bankers, and lawyers is remarkably similar to present ISDS practice. Common to both is what they protect, such as foreign investors' legitimate expectations, as well as what they silence or make invisible. Ultimate, this book argues that our canon of imagination, of adjustment and potential reform, remains closely associated with this world-making project of the 1950s and 1960s.

Author : United Nations
Publisher : Unknown
Page : 120 pages
File Size : 50,6 Mb
Release : 2009-03-06
Category : Electronic
ISBN : 9211410266

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International Investment Rulemaking by United Nations Pdf

Author : Stephan W. Schill,Christian J. Tams,Rainer Hofmann
Publisher : Edward Elgar Publishing
Page : 488 pages
File Size : 52,5 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 : J Anthony VanDuzer,Patrick Leblond
Publisher : Routledge
Page : 261 pages
File Size : 48,5 Mb
Release : 2020-02-17
Category : Law
ISBN : 9780429594694

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Promoting and Managing International Investment by J Anthony VanDuzer,Patrick Leblond Pdf

This book provides an overview of international investment policy and policy-making, drawing upon perspectives from law, economics, international business, and political science. International investment is a complex phenomenon with significant effects worldwide. Developing effective policies and strategies to attract investment in sufficient quantities and marshal it to contribute to sustainable development is a critical challenge for governments at all levels. This book’s interdisciplinary approach provides fresh insights into the mix of policy options available to governments seeking investment to support their country’s (or region’s) development. As well as identifying ways to effectively design, implement, and assess policies to attract foreign investment, it explores how to manage foreign investment’s effects. Various dimensions of international investment policy are discussed, including benefits and costs (economic, environmental, social, and political) of foreign investment, the significance of global value chains, state-owned enterprises and sovereign wealth funds, and the role of tax policy, investment promotion, and policy advocacy, location branding, investment treaties, and national security considerations. Through its contributions to a new interdisciplinary understanding of international investment policy-making, this book will benefit students and scholars working in areas such as international business, international economic law, international economics, development economics, international development, and international political economy as well as being a valuable resource for policy-makers.

Author : Mahdev Mohan,Chester Brown
Publisher : Cambridge University Press
Page : 469 pages
File Size : 52,6 Mb
Release : 2021-08-26
Category : Law
ISBN : 9781108426596

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The Asian Turn in Foreign Investment by Mahdev Mohan,Chester Brown Pdf

Critically discusses the increasing significance of Asian States in the field of international investment law and policy. Contains analyses of national investment law rule-making in Asia, contributions of Asian States on cutting-edge developments to the global community, and contemplates future possibilities for investor-State dispute settlement.

Author : Anonim
Publisher : United Nations Publications
Page : 158 pages
File Size : 54,8 Mb
Release : 2007-01-01
Category : Business & Economics
ISBN : 9789211127102

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Bilateral Investment Treaties 1995-2006 by Anonim Pdf

"The secretariat of the United Nations Conference on Trade and Development (UNCTAD) is implementing a programme on international investment arrangements. It monitors the trends in IIAs and analyzes the emerging issues and development implications. It seeks to help developing countries participate as effectively as possible in international investment rulemaking. ... This paper is part of the programme's research and policy analysis on international investment policies for development. ... The main objective of this paper is to update UNCTAD's 1998 study entitled Bilateral Investment Treaties in the Mid-1990s and to identify trends in the normative developments of each of the elements typically addressed in BITs since this last stocktaking in 1998. The study traces and explains the new issues that have emerged in recent BITs and also sets out the implications of those developments for developing countries."--Pref.

Author : Manjiao Chi
Publisher : Routledge
Page : 191 pages
File Size : 52,7 Mb
Release : 2017-10-10
Category : Business & Economics
ISBN : 9781317284222

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Integrating Sustainable Development in International Investment Law by Manjiao Chi Pdf

The current international investment law system is insufficiently compatible with sustainable development. To better address sustainable development concerns associated with transnational investment activities, international investment agreements should be made more compatible with sustainable development. Integrating Sustainable Development in International Investment Law presents an important systematic study of the issue of sustainable development in the international investment law system, using conceptual, normative and governance perspectives to explore the challenges and possible solutions for making international investment law more compatible with sustainable development. Chi suggests that to effectively address the sustainable development concerns associated with transnational investment activities, the international investment agreements system should be reformed. Such reform should feature redesigning the provisions of the agreements, improving the structure of international investment agreements, strengthening the function of soft law, engaging non-state actors and enhancing the dispute settlement mechanism. The book is primarily aimed at national and international treaty and policy-makers, lawyers and scholars. It is also suitable for graduate students studying international law and policy-making.

Author : M. Sornarajah
Publisher : Cambridge University Press
Page : 562 pages
File Size : 50,7 Mb
Release : 2004-08-26
Category : Law
ISBN : 0521545560

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The International Law on Foreign Investment by M. Sornarajah Pdf

This new edition of Sornarajah's book, available for the first time in paperback, surveys the international law developed to protect foreign investment by multinational corporations. The area has always been one of controversy due to the different political and economic conflicts that exist in the field. The book assesses the role of multinational corporations in making foreign investments, and considers the ways in which misconduct on the part of such corporations in host states could be controlled. Sornarajah focuses on the protection of foreign investment and the problems associated with such protection. He explores treaty-based methods, and examines several bilateral and regional investment treaties. The failure to agree on a multilateral treaty system and the inability to incorporate a discipline on investment within the WTO are also considered. He takes account not only of the law, but also of the relevant literature in economics, political science and other associated disciplines.

Author : Roberto Echandi,Pierre Sauvé
Publisher : Cambridge University Press
Page : 495 pages
File Size : 55,7 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 : Todd Weiler
Publisher : Martinus Nijhoff Publishers
Page : 572 pages
File Size : 51,8 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.