Protecting Foreign Investment

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The Trouble with Foreign Investor Protection

Gus Van Harten
The Trouble with Foreign Investor Protection Book PDF

Author : Gus Van Harten
Publisher : Oxford University Press
Page : 225 pages
File Size : 41,8 Mb
Release : 2020-10-30
Category : Law
ISBN : 9780192635914

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The Trouble with Foreign Investor Protection by Gus Van Harten Pdf

Governments are rightly discussing reform of investment treaties, and of the incredibly powerful system of 'investor-state dispute settlement' (ISDS) upon which they rest. At their core, ISDS treaties are flawed because they very firmly institute wealth-based inequality under international law. In this book, Van Harten explores these claims in the light of the history of early ISDS treaties showing their ties to decolonization and, at times, extreme violence and authoritarianism. Focusing on early ISDS lawsuits and rulings, it is revealed how a small group of lawyers and arbitrators worked to create the legal foundations for massive growth of ISDS since 2000. ISDS-based protections are examined in detail to demonstrate how they give exceptional advantages to the wealthy. Various examples are also offered of how the protections have been used to reconfigure state decision-making and shift sovereign minds in favour of foreign investors. Lastly, the ongoing efforts of governments to reform ISDS are surveyed, with a call to go further or, best of all, to withdraw from the treaties. This book is essential reading for anyone wanting to know more about the shady world of investment protection.

The Protection of Foreign Investments in Mongolia

Bajar Scharaw
The Protection of Foreign Investments in Mongolia Book PDF

Author : Bajar Scharaw
Publisher : Springer
Page : 358 pages
File Size : 46,6 Mb
Release : 2017-11-07
Category : Law
ISBN : 9783319660899

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The Protection of Foreign Investments in Mongolia by Bajar Scharaw Pdf

This book analyses the adequacy of Mongolia’s legal system for foreign investment protection by conducting a multi-level assessment of international investment treaties, domestic legislation of the host State, and investor-State contracts from an international comparative perspective. The investigation distinguishes between three legal dimensions, each of which offers both substantive legal guarantees for the protection of investments in the host State and provisions for the settlement of investment disputes by arbitration. In the first dimension of Public International Law (PIL), Mongolia is bound by international investment treaties, which offer investors an international law setting. In the second dimension, a special domestic investment law defines the domestic framework for the establishment, promotion and protection of investments, but also for the conclusion of investor-State contracts. These contracts in turn open a third legal dimension, which represents a cross-section through the PIL and domestic-law dimensions of investment protection. Following the development of a multi-level system with legal dimensions that are not isolated but rather interrelated and mutually reinforcing, the book examines whether Mongolia’s international investment treaties and domestic investment law reflect globally shared international and domestic standards of treatment and protection of foreign investments. Lastly, the author inquires whether the domestic laws applicable to investor-State contracts in Mongolia allow investors and the Mongolian Government to agree on protective terms according to the (not uncontroversial) standards of international contract practice.

The International Law on Foreign Investment

M. Sornarajah
The International Law on Foreign Investment Book PDF

Author : M. Sornarajah
Publisher : Cambridge University Press
Page : 555 pages
File Size : 47,5 Mb
Release : 2010-05-06
Category : Law
ISBN : 9780521763271

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The International Law on Foreign Investment by M. Sornarajah Pdf

This book is a thought-provoking and authoritative text on this fast moving field of international law.

Protecting Foreign Investment

Carlos M. Correa,Nagesh Kumar
Protecting Foreign Investment Book PDF

Author : Carlos M. Correa,Nagesh Kumar
Publisher : Zed Books Ltd.
Page : 163 pages
File Size : 51,7 Mb
Release : 2013-07-04
Category : Business & Economics
ISBN : 9781848137608

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Protecting Foreign Investment by Carlos M. Correa,Nagesh Kumar Pdf

Despite the mounting criticism that globalization is encountering, the developed countries continue to lose no opportunity to change the rules of the global economy in their favour, regardless of the impact on developing countries and the poor. This book examines one of the most important instances of this: the rich countries' insistence that the WTO not only launch a new round of world trade negotiations, but that rules which were supposed to be confined to trade issues now be extended by means of new agreements protecting foreign direct investment. What is being proposed would be at the expense of the freedom of developing countries to determine their own policies towards foreign capital in tune with their development policy objectives. The two authors of this book have an intimate knowledge of WTO negotiating processes. They explain in detail the North's relentless determination to give privileged protection to the overseas investments of its transnational corporations. These initiatives have included, inter alia, the OECD's failed MAI initiative, the World Bank-sponsored Multilateral Investment Guarantee Agency, and the WTO's General Agreement on Trade in Services (GATS) and Agreement on Trade-related Investment Measures (TRIMS). The authors spell out their consequences for developing countries. They examine whether there is any real case for a new multilateral framework on investment within the WTO. And they propose various options for developing countries to resist what amounts to a new form of Western protectionism, including how a development dimension could be incorporated in any new agreement, should the member countries of the WTO decide to proceed with negotiations. This book provides invaluable information and analysis for diplomats and trade negotiators, policy makers and scholars, as well as civil society activists concerned with the impact of TNC investments on development.

Protection of Foreign Investments in an Intra-EU Context

Moskvan, Dominik
Protection of Foreign Investments in an Intra EU Context Book PDF

Author : Moskvan, Dominik
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 40,5 Mb
Release : 2022-02-04
Category : Law
ISBN : 9781800880382

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Protection of Foreign Investments in an Intra-EU Context by Moskvan, Dominik Pdf

The Achmea judgment revolutionised intra-EU investment protection by declaring intra-EU bilateral investment treaties (intra-EU BITs) incompatible with EU law. This incisive book investigates whether intra-EU foreign investments benefit from this alteration, which discontinued the parallel applicability of intra-EU BITs and EU law in the EU internal market. In addition to comparative legal analysis from an investor perspective, Dominik Moskvan puts forward a proposal for a creation of a permanent intra-EU foreign investment court to ensure a balanced economic development of the EU internal market.

Protecting Foreign Investment Under International Law

Paul E. Comeaux,N. Stephan Kinsella
Protecting Foreign Investment Under International Law Book PDF

Author : Paul E. Comeaux,N. Stephan Kinsella
Publisher : Unknown
Page : 0 pages
File Size : 40,9 Mb
Release : 1997
Category : Country risk
ISBN : 0379213710

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Protecting Foreign Investment Under International Law by Paul E. Comeaux,N. Stephan Kinsella Pdf

While conditions for foreign investors are generally safer in today's global economy than in previous decades, the issues to consider with regard to political risk go far beyond the obvious. Investors must continue to exercise caution in developing countries or under governments with a history of instability, & even the "safest" countries have certain risks associated with them. The only text available of its kind, this authoritative volume discusses the political risk of expropriation, both direct & indirect, & the various protections that are available under international law to minimize these risks. Plus, detailed references, useful appendices & contact information are provided. Written from the perspective of the practitioner, this text provides: * A review & explanation of the international law regarding political risk * Methods for the investor to reduce exposure to political risk through business structure, contract negotiation, & risk insurance * An explanation of the arbitral, judicial, & political options open to the investor following a taking of the investor's property Topics Covered Include: * International law regarding expropriation * Treaty provisions regarding protection of investment * Contracts with host states * Procuring investment insurance * Diplomacy between the host state & the investor's home state.

General Interests of Host States in International Investment Law

Giorgio Sacerdoti,Pia Acconci,Mara Valenti,Anna De Luca
General Interests of Host States in International Investment Law Book PDF

Author : Giorgio Sacerdoti,Pia Acconci,Mara Valenti,Anna De Luca
Publisher : Cambridge University Press
Page : 479 pages
File Size : 51,6 Mb
Release : 2014-05-29
Category : Law
ISBN : 9781107050235

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General Interests of Host States in International Investment Law by Giorgio Sacerdoti,Pia Acconci,Mara Valenti,Anna De Luca Pdf

Analyses bilateral treaties and regional agreements on foreign investments, focussing particularly on measures taken in the context of economic crises.

Substantive Protection under Investment Treaties

Jonathan Bonnitcha
Substantive Protection under Investment Treaties Book PDF

Author : Jonathan Bonnitcha
Publisher : Cambridge University Press
Page : 435 pages
File Size : 51,8 Mb
Release : 2014-08-14
Category : Law
ISBN : 9781107042414

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Substantive Protection under Investment Treaties by Jonathan Bonnitcha Pdf

This book seeks to determine the level of substantive protection that investment treaties should provide to foreign investment.

Public Interests in International Investment Law

Qiang Ren
Public Interests in International Investment Law Book PDF

Author : Qiang Ren
Publisher : Cambridge Scholars Publishing
Page : 286 pages
File Size : 40,6 Mb
Release : 2019-01-17
Category : Law
ISBN : 9781527526006

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Public Interests in International Investment Law by Qiang Ren Pdf

Are conflicts between the ‘old capitalists’ and ‘new money’ manifest in today’s economy? Are investment treaties, which have traditionally been used to protect capital exporting states, now beginning to cause unwelcome side effects for them? International investment law has long been held as an economic and political instrument in the regime of international investment, with international investment treaties having been concluded to protect foreign investment and investors for a substantial period of time. However, the emerging new economic powers from the Third World are causing this to change. Taking the unique perspective of environmental protection in host states against states’ obligations to protect and promote foreign investments under the existing international investment treaty practice and dispute settlement practices, this book examines this inescapable conflict. This is the first major work in this field to interpret investment treaty provisions by introducing environmental reflection. It offers proposals for rethinking and reshaping the current pro-investor international investment law through taking up broad environmental exceptions.

Standards of Investment Protection

August Reinisch
Standards of Investment Protection Book PDF

Author : August Reinisch
Publisher : Oxford University Press
Page : 301 pages
File Size : 48,7 Mb
Release : 2008
Category : Law
ISBN : 9780199547432

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Standards of Investment Protection by August Reinisch Pdf

This volume examines the standards of treatment, demanded from host states, that form the basis of contemporary international investment protection. Practitioners and academics analyse the interpretation of core standards in arbitration proceedings, and present the emerging judicial consensus shaping their practical application.

The International Law on Foreign Investment

M. Sornarajah
The International Law on Foreign Investment Book PDF

Author : M. Sornarajah
Publisher : Cambridge University Press
Page : 703 pages
File Size : 45,9 Mb
Release : 2021-07-01
Category : Law
ISBN : 9781108605199

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The International Law on Foreign Investment by M. Sornarajah Pdf

The climate surrounding foreign investment law is one of controversy and change, and with implications for human rights and environmental protection, foreign investment law has gained widespread public attention and visibility. This fully updated edition of Sornarajah's classic text offers thought-provoking analysis of the law in historical, political and economic contexts, capturing leading trends and charting the possible course of future developments. It takes into account the newer types of treaties that establish a regulatory space for states and moves away from inflexible investment protection, exploring the newly created defences relating to environment, human rights, indigenous rights and other areas ending the fragmentation of the law. It looks at the current debates on legitimacy of the system and current efforts at reform. Suitable for postgraduate and undergraduate students, The International Law on Foreign Investment is essential reading for anyone specialising in the law of foreign investments.

Harnessing Foreign Investment to Promote Environmental Protection

Pierre-Marie Dupuy,Jorge E. Viñuales
Harnessing Foreign Investment to Promote Environmental Protection Book PDF

Author : Pierre-Marie Dupuy,Jorge E. Viñuales
Publisher : Cambridge University Press
Page : 499 pages
File Size : 48,9 Mb
Release : 2013-03-14
Category : Law
ISBN : 9781107328648

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Harnessing Foreign Investment to Promote Environmental Protection by Pierre-Marie Dupuy,Jorge E. Viñuales Pdf

Harnessing Foreign Investment to Promote Environmental Protection investigates the main challenges facing the implementation of environmental protection and the synergies between foreign investment and environmental protection. Adopting legal, economic and political perspectives, the contributing authors analyse the various incentives which encourage foreign investment into pro-environment projects (such as funds, project-finance, market mechanisms, payments-for-ecosystem services and insurance) and the safeguards against its potentially harmful effects (investment regulation, CSR and accountability mechanisms, contracts and codes of conduct).

International Investment Law

Surya P Subedi
International Investment Law Book PDF

Author : Surya P Subedi
Publisher : Bloomsbury Publishing
Page : 410 pages
File Size : 53,8 Mb
Release : 2024-03-21
Category : Law
ISBN : 9781509975181

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International Investment Law by Surya P Subedi Pdf

'...This book [...] goes beyond stating what the law is and focuses on controversies occurring within this area of the law... an excellent introduction to this complex area of international law for newcomers to the subject' Kate Miles, Australian International Law Journal The updated edition of this acclaimed book offers a critical overview of the law of foreign investment, incorporating a thorough 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 restrict unduly the right of host governments to implement their public policy on the other, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country. Many of the pioneering ideas that were advanced in the first edition of this book have been taken up by governments and international organisations in their attempts to reform the investor-State dispute settlement mechanism and strike a balance between different competing principles in developing international investment law. Accordingly, this fifth edition captures the essence of the ongoing multiple reform processes – either planned or envisaged – currently underway.

Full Protection and Security in International Investment Law

Sebastián Mantilla Blanco
Full Protection and Security in International Investment Law Book PDF

Author : Sebastián Mantilla Blanco
Publisher : Springer Nature
Page : 698 pages
File Size : 55,9 Mb
Release : 2019-10-24
Category : Law
ISBN : 9783030248383

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Full Protection and Security in International Investment Law by Sebastián Mantilla Blanco Pdf

This book provides a comprehensive study of the standard of ‘full protection and security’ (FPS) in international investment law. Ever since the Germany-Pakistan BIT of 1959, almost every investment agreement has included an FPS clause. FPS claims refer to the most diverse factual settings, from terrorist attacks to measures concerning concession contracts. Still, the FPS standard has received far less scholarly attention than other obligations under international investment law. Filling that gap, this study examines the evolution of FPS from its medieval roots to the modern age, delimits the scope of FPS in customary international law, and analyzes the relationship between FPS and the concept of due diligence in the law of state responsibility. It additionally explores the interpretation and application of FPS clauses, drawing particular attention to the diverse wording used in investment treaties, the role ascribed to custom, and the interplay between FPS and other treaty-based standards. Besides delivering a detailed analysis of the FPS standard, this book also serves as a guide to the relevant sources, providing an overview of numerous legal instruments, examples of state practice, arbitral decisions, and related academic publications about the standard.

The International Law on Foreign Investment

M. Sornarajah
The International Law on Foreign Investment Book PDF

Author : M. Sornarajah
Publisher : Cambridge University Press
Page : 562 pages
File Size : 52,5 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.