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Author : N Jansen Calamita,Ayelet Berman
Publisher : Unknown
Page : 128 pages
File Size : 48,8 Mb
Release : 2023-02
Category : Electronic
ISBN : 1009153005
Author : N. Jansen Calamita,Ayelet Berman
Publisher : Cambridge University Press
Page : 377 pages
File Size : 51,6 Mb
Release : 2022-10-06
Category : Law
ISBN : 9781009153010
Investment treaties promise to advance the rule of law in the countries which sign them. In reality, this is not the case.
Author : Mavluda Sattorova
Publisher : Bloomsbury Publishing
Page : 232 pages
File Size : 41,8 Mb
Release : 2018-02-08
Category : Law
ISBN : 9781509901975
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.
Author : Nicolás M. Perrone
Publisher : Oxford University Press
Page : 256 pages
File Size : 43,8 Mb
Release : 2021-01-14
Category : Law
ISBN : 9780192606747
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 : Federico Ortino
Publisher : Oxford University Press
Page : 225 pages
File Size : 53,5 Mb
Release : 2019-12-05
Category : Law
ISBN : 9780192580221
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.
Author : Ioana Tudor
Publisher : Oxford University Press on Demand
Page : 348 pages
File Size : 54,9 Mb
Release : 2008
Category : Law
ISBN : 9780199235063
This text analyses the conventional and customary framework of the fair and equitable treatment clauses commonly found in bilateral investment treaties (BITs) and charts how these clauses have become norms of customary international law.
Author : Jonathan Bonnitcha
Publisher : Cambridge University Press
Page : 435 pages
File Size : 52,7 Mb
Release : 2014-08-14
Category : Law
ISBN : 9781107042414
This book seeks to determine the level of substantive protection that investment treaties should provide to foreign investment.
Author : Stephan W. Schill,Christian J. Tams,Rainer Hofmann
Publisher : Edward Elgar Publishing
Page : 400 pages
File Size : 55,5 Mb
Release : 2018
Category : Electronic
ISBN : 9781786439963
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 : Kenneth J. Vandevelde
Publisher : Oxford University Press
Page : 574 pages
File Size : 54,8 Mb
Release : 2010-04-08
Category : Law
ISBN : 9780199888146
Bilateral Investment Treaties: History, Policy, and Interpretation organizes, summarizes and comments upon the arbitral awards interpreting and applying BIT provisions. Policymakers and practitioners will find a thorough introduction to the operation of the BITs, including the principal arguments and case authorities on both sides of the major issues in international investment law. The book is intended to be a single-volume reference covering every important development in the 50 years of BIT programs worldwide, from 1959 until 2009. Author Kenneth Vandevelde argues that the primary purpose of the BITs is to promote the application of the rule of law to foreign investment, while a secondary purpose is to create a liberal investment regime. He further argues that BITs are based on six core principles: reasonableness, security, nondiscrimination, access, transparency and due process. The book explains each of these principles and analyzes the major BIT provisions based on them. Vandevelde addresses the host of complex questions that BITs engender: Do bilateral investment treaties attract foreign investment or otherwise contribute to economic development? Do BITs limit host state regulatory discretion too much? Why should countries continue to conclude BITs? What is meant by BIT guarantees of "fair and equitable treatment" and "full protection and security"? What is the scope of the BIT provision for most-favored-nation treatment? The book's expert analysis of these questions makes it useful to policy makers in the area of international economic relations, attorneys representing multinational companies, and anyone interested in the process of economic globalization.
Author : David Schneiderman
Publisher : Cambridge University Press
Page : 60 pages
File Size : 44,7 Mb
Release : 2008-03-27
Category : Law
ISBN : 9781139470094
Are foreign investors the privileged citizens of a new constitutional order that guarantees rates of return on investment interests? Schneiderman explores the linkages between a new investment rules regime and state constitutions – between a constitution-like regime for the protection of foreign investment and the constitutional projects of national states. The investment rules regime, as in classical accounts of constitutionalism, considers democratically authorized state action as inherently suspect. Despite the myriad purposes served by constitutionalism, the investment rules regime aims solely to enforce limits, both inside and outside of national constitutional systems, beyond which citizen-driven politics will be disabled. Drawing on contemporary and historical case studies, the author argues that any transnational regime should encourage innovation, experimentation, and the capacity to imagine alternative futures for managing the relationship between politics and markets. These objectives have been best accomplished via democratic institutions operating at national, sub-national, and local levels.
Author : Jose E. Alvarez,Karl P. Sauvant
Publisher : Oxford University Press
Page : 308 pages
File Size : 44,6 Mb
Release : 2011-04-19
Category : Law
ISBN : 9780199878161
With the growth of the global economy over the past two decades, foreign direct investment (FDI) laws, at both the national and international levels, have undergone rapid development in order to strengthen the protection standards for foreign investors. In terms of international investment law, a network of international investment agreements has arisen as a way to address FDI growth. FDI backlash, reflective of more restrictive regulation, has also emerged. The Evolving International Investment Regime analyzes the existing challenges to the international investment regime, and addresses these challenges going forward. It also examines the dynamics of the international regime, as well as a broader view of the changing global economic reality both in the United States and in other countries. The content for the book is a compendium of articles by leading thinkers, originating from the International Investment Conference "What's New in International Investment Law and Policy?"
Author : Alexandre Genest
Publisher : BRILL
Page : 288 pages
File Size : 52,8 Mb
Release : 2019-09-16
Category : Law
ISBN : 9789004392106
In Performance Requirement Prohibitions in International Investment Law, Alexandre Genest proposes the first empirical typology of performance requirement prohibitions in investment treaties and the first in-depth analysis of arbitral awards on the subject, which will improve their interpretation and drafting.
Author : Leon Trakman,Nicola Ranieri
Publisher : Oxford University Press
Page : 560 pages
File Size : 54,5 Mb
Release : 2013-03-07
Category : Law
ISBN : 9780199874859
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 : Stephan W. Schill,Christian J. Tams,Rainer Hofmann
Publisher : Edward Elgar Publishing
Page : 488 pages
File Size : 52,9 Mb
Release : 2015-12-18
Category : LAW
ISBN : 9781784711351
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 : Teerawat Wongkaew
Publisher : Cambridge University Press
Page : 309 pages
File Size : 40,5 Mb
Release : 2019-02-14
Category : Law
ISBN : 9781108474283
Examines the philosophical foundation of legitimate expectations to create a normative framework for use in investment treaty arbitration