Investment Protection Standards And The Rule Of Law

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Investment Protection Standards and the Rule of Law

August Reinisch,Stephan W. Schill
Investment Protection Standards and the Rule of Law Book PDF

Author : August Reinisch,Stephan W. Schill
Publisher : Oxford University Press
Page : 417 pages
File Size : 54,5 Mb
Release : 2023-01-04
Category : Law
ISBN : 9780192679802

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Investment Protection Standards and the Rule of Law by August Reinisch,Stephan W. Schill Pdf

This thoughtfully edited volume brings together leading scholars in the field to explore the relationship between the substantive standards of treatment contained in international investment agreements and the rule of law, which is developing into one of the key principles which both supporters and critics use to evaluate the investment treaty regime. Investment Protection Standards and the Rule of Law explores two perspectives. Firstly, it examines to what extent the substantive standards of treatment can be understood as expressions of the rule of law. Secondly, it addresses the rule-of-law problems, or rule-of-law lacunae, that exist in, or are created by, the application of these standards. The subject matter is advanced by combining doctrinal analysis of the core substantive treatment standards, as well as normative assessment of those standards from the perspective of the rule of law. This book also offers a critical discussion of the potential the rule of law has as a guidepost for structuring international investment relations, as well as its blind spots.

Fair and Equitable Treatment

United Nations Conference on Trade and Development
Fair and Equitable Treatment Book PDF

Author : United Nations Conference on Trade and Development
Publisher : Unknown
Page : 0 pages
File Size : 47,5 Mb
Release : 2012
Category : Discrimination
ISBN : 9211128277

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Fair and Equitable Treatment by United Nations Conference on Trade and Development Pdf

"In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher.

The Origin and Evolution of Investment Treaty Standards

Federico Ortino
The Origin and Evolution of Investment Treaty Standards Book PDF

Author : Federico Ortino
Publisher : Oxford University Press
Page : 225 pages
File Size : 40,6 Mb
Release : 2019-12-05
Category : Law
ISBN : 9780192580221

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The Origin and Evolution of Investment Treaty Standards by Federico Ortino Pdf

This book provides a conceptual and legal analysis of the core of investment protection guarantees that emerge from international treaties signed since 1959 for the promotion and protection of foreign investment. It focuses on both the origin and evolution of investment treaty standards. Beginning with origins, the work considers the broader context at the time when the first modern investment treaty was concluded. It goes on to examine the many decisions of ad hoc arbitral tribunals that have since been called upon to apply these treaties in order to resolve the several hundred investor-State disputes. It also looks at some of the recent investment treaties that have attempted to clarify and/or reform the content and scope of investment protection guarantees. Federico Ortino posits that the key investment protection provisions in investment treaties, and thus much of the controversy associated with such treaties, revolve around three concepts: legal stability, investment's value, and reasonableness. He argues that, from the very beginning, the protections afforded to foreign investments by modern investment treaties have been exceptionally broad, and as such restrictive of host States' ability to regulate. And whilst a growing number of investment treaty tribunals, as well as new investment treaties, have to some extent reined in such broad protections, the evolution of key investment protection standards has been marred by inconsistency and uncertainty.

International Investment Protection and Constitutional Law

Stephan W. Schill,Christian J. Tams
International Investment Protection and Constitutional Law Book PDF

Author : Stephan W. Schill,Christian J. Tams
Publisher : Edward Elgar Publishing
Page : 393 pages
File Size : 45,9 Mb
Release : 2022-11-25
Category : Law
ISBN : 9781839100420

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International Investment Protection and Constitutional Law by Stephan W. Schill,Christian J. Tams Pdf

This book develops a conceptual framework that captures not only the tensions between constitutional values that are common to liberal democracies – human rights, democracy, and the rule of law – and the investment treaty regime, but also the potential for co-existence and complementarity.

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 : 54,6 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.

Building International Investment Law

Meg Kinnear,Geraldine R. Fischer
Building International Investment Law Book PDF

Author : Meg Kinnear,Geraldine R. Fischer
Publisher : Kluwer Law International B.V.
Page : 778 pages
File Size : 54,9 Mb
Release : 2015-12-22
Category : Law
ISBN : 9789041161413

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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.

Host State Circumstances and Absolute Standards of Protection in International Investment Law

Johanna Braun
Host State Circumstances and Absolute Standards of Protection in International Investment Law Book PDF

Author : Johanna Braun
Publisher : Nomos Verlag
Page : 250 pages
File Size : 48,8 Mb
Release : 2022-10-28
Category : Law
ISBN : 9783748932796

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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. .

Rethinking Investment Law

David Schneiderman,Gus Van Harten
Rethinking Investment Law Book PDF

Author : David Schneiderman,Gus Van Harten
Publisher : Oxford University Press
Page : 273 pages
File Size : 53,5 Mb
Release : 2023-11-16
Category : Law
ISBN : 9780192698780

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Rethinking Investment Law by David Schneiderman,Gus Van Harten Pdf

There is no denying that the rules and enforcement mechanisms of investment law and arbitration reach deep into the regulatory and policy space of host states. Investment tribunals have the ability to second-guess all variety of state measures and, in doing so, have displayed a remarkable lack of restraint. Despite investment law's muscularity, without equal in international law, the prevailing orthodoxy treats investment law as a defensible and just restraint on government and politics. This volume helps to correct the prevailing view. Rethinking Investment Law illustrates how investment law protections for foreign investors constrains states and over-compensates investors. It offers a more balanced vision of how international law can protect all those affected, not just foreign investors. An expert set of contributors explain both the conventional law and its limitations. Their analysis shows that doctrines, now widely entrenched, in orthodox accounts of investment law could have taken, and could still take, a different turn. They offer a more respectful approach to states' roles and responsibilities to enact laws in the public interest. This text will be an illuminating read for students and academics in areas such as investment law and international economic law. It provides cutting-edge analysis for researchers, practitioners, and students seeking to understand and question the usual standards of treatment under investment treaties.

International Investment Law

Arnaud de Nanteuil
International Investment Law Book PDF

Author : Arnaud de Nanteuil
Publisher : Edward Elgar Publishing
Page : 408 pages
File Size : 50,8 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.

The Impact of Investment Treaty Law on Host States

Mavluda Sattorova
The Impact of Investment Treaty Law on Host States Book PDF

Author : Mavluda Sattorova
Publisher : Bloomsbury Publishing
Page : 348 pages
File Size : 52,9 Mb
Release : 2018-02-08
Category : Law
ISBN : 9781509901982

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The Impact of Investment Treaty Law on Host States by Mavluda Sattorova Pdf

Traditionally, international investment law was conceptualised as a set of norms aiming to ensure good governance for foreign investors, in exchange for their capital and know-how. However, the more recent narratives postulate that investment treaties and investor–state arbitration can lead to better governance not just for foreign investors but also for host state communities. Investment treaty law can arguably foster good governance by holding host governments liable for a failure to ensure transparency, stability, predictability and consistency in their dealings with foreign investors. The recent proliferation of such narratives in investment treaty practice, arbitral awards and academic literature raises questions as to their juridical, conceptual and empirical underpinnings. What has propelled good governance from a set of normative ideals to enforceable treaty standards? Does international investment law possess the necessary characteristics to inspire changes at the national level? How do host states respond to investment treaty law? The overarching objective of this monograph is to unpack existing assumptions concerning the effects of international investment law on host states. By combining doctrinal, empirical, comparative analysis and unveiling the emerging 'nationally felt' responses to international investment norms, the book aims to facilitate a more informed understanding of the present contours and the nature of the interplay between international investment norms and national realities.

From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court

Marc Bungenberg,August Reinisch
From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court Book PDF

Author : Marc Bungenberg,August Reinisch
Publisher : Springer Nature
Page : 222 pages
File Size : 54,8 Mb
Release : 2019-09-11
Category : Law
ISBN : 9783662597323

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From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court by Marc Bungenberg,August Reinisch Pdf

This open access book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The “feasibility study” presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.

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 : 48,8 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.

CETA's Investment Chapter

Kriton Dionysiou
CETA s Investment Chapter Book PDF

Author : Kriton Dionysiou
Publisher : Springer Nature
Page : 197 pages
File Size : 41,6 Mb
Release : 2021-01-31
Category : Law
ISBN : 9783030669928

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CETA's Investment Chapter by Kriton Dionysiou Pdf

This book provides a comprehensive account of the CETA Investment Chapter’s ability to overcome the legitimacy crisis facing investment arbitration. To do so, it first examines the root causes behind the legitimacy crisis, ultimately arguing that it reflects a fundamental rule of law crisis within investment arbitration. In particular, it asserts that the normative standpoints of the legitimacy crisis form part of the rule of law, the uniting legal principle from which the legitimacy concerns stem. The book contends that the rule of law is not only the principal normative and causal assumption on which the legitimacy concerns are based, but that it could also be utilized as a platform to evaluate the investment arbitration mechanism in CETA's Investment Chapter. Based on this, the book evaluates CETA's Investment Chapter through the rule of law framework in order to provide a convincing account of the latter's ability to overcome the legitimacy crisis facing investment arbitration. It concludes that CETA's Investment Chapter is unlikely to completely solve the legitimacy crisis simply because it is just a patchwork of reforms rather than a comprehensive reinvention of the substantive and procedural law of investment arbitration. Lastly, the book offers meaningful insights into the way the challenges presented by investment arbitration should be addressed. The book is intended for academics researching international investment law and arbitration as well as for policy-makers focusing on reforming investor-state dispute settlement.

International Investment Law and the Law of Armed Conflict

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

Author : Katia Fach Gómez,Anastasios Gourgourinis,Catharine Titi
Publisher : Springer
Page : 542 pages
File Size : 51,5 Mb
Release : 2019-08-05
Category : Law
ISBN : 9783030107468

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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.

Investors, States, and Arbitrators in the Crosshairs of International Investment Law and Environmental Protection

Crina Baltag,Ylli Dautaj
Investors States and Arbitrators in the Crosshairs of International Investment Law and Environmental Protection Book PDF

Author : Crina Baltag,Ylli Dautaj
Publisher : BRILL
Page : 83 pages
File Size : 51,7 Mb
Release : 2020-07-27
Category : Law
ISBN : 9789004438279

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Investors, States, and Arbitrators in the Crosshairs of International Investment Law and Environmental Protection by Crina Baltag,Ylli Dautaj Pdf

In Investors, States, and Arbitrators in the Crosshairs of International Investment Law and Environmental Protection, Dr Crina Baltag and Ylli Dautaj look at the investor-State dispute settlement system and inquire whether this is the most suitable transnational venue for resolving investment disputes that have an environmental component.