Regulatory Freedom And Indirect Expropriation In Investment Arbitration

Regulatory Freedom And Indirect Expropriation In Investment Arbitration Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Regulatory Freedom And Indirect Expropriation In Investment Arbitration book. This book definitely worth reading, it is an incredibly well-written.

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 : 47,7 Mb
Release : 2018-12-20
Category : Law
ISBN : 9789403506258

Get Book

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.

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 : 40,9 Mb
Release : 2019
Category : Law
ISBN : 0198804911

Get Book

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.

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 : 43,7 Mb
Release : 2018-06-01
Category : Law
ISBN : 9789004368385

Get Book

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.

International Investment Law in Context

August Reinisch,Christina Knahr
International Investment Law in Context Book PDF

Author : August Reinisch,Christina Knahr
Publisher : Eleven International Publishing
Page : 217 pages
File Size : 53,5 Mb
Release : 2008
Category : Arbitration (International law)
ISBN : 9789077596487

Get Book

International Investment Law in Context by August Reinisch,Christina Knahr Pdf

In the last decade, international investment law has developed into one of the core areas of international law. The reason for this development is twofold. The number of cases has increased rapidly. The International Centre for Settlement of Investment Disputes has over a hundred pending cases and there are more before ad hoc tribunals, mostly operating under the United Nations' Commission on International Trade Law Rules. In addition, investment law has addressed a number of novel issues while also coming up with some innovative solutions. This book brings together the papers delivered at the Young Scholars Conference in International Economic Law, which was held at the University of Vienna Law School in June 2007. Under the general topic of "Current Issues and Developments in International Investment Law," the speakers addressed core issues like the definition of investment, legitimate expectations of investors, and the meaning and importance of references to domestic law included in many Bilateral Investment Treaties. Also discussed were topics like the role of investment law in the context of the European Union and its relation to cultural matters, human rights, and other non-investment issues. As international investment law is becoming more and more significant, a book such as this, dedicated to the latest developments in the field, will be of utmost importance to anyone interested in this area of law.

State Liability in Investment Treaty Arbitration

Santiago Montt
State Liability in Investment Treaty Arbitration Book PDF

Author : Santiago Montt
Publisher : Bloomsbury Publishing
Page : 460 pages
File Size : 45,7 Mb
Release : 2009-11-30
Category : Law
ISBN : 9781847315489

Get Book

State Liability in Investment Treaty Arbitration by Santiago Montt Pdf

Today there are more than 2,500 bilateral investment treaties (BITs) around the world. Most of these investment protection treaties offer foreign investors a direct cause of action to claim damages against host-states before international arbitral tribunals. This procedure, together with the requirement of compensation in indirect expropriations and the fair and equitable treatment standard, have transformed the way we think about state liability in international law. We live in the BIT generation, a world where BITs define the scope and conditions according to which states are economically accountable for the consequences of regulatory change and administrative action. Investment arbitration in the BIT generation carries new functions which pose unprecedented normative challenges, such as the arbitral bodies established to resolve investor/state disputes defining the relationship between property rights and the public interest. They also review state action for arbitrariness, and define the proper tests under which that review should proceed. State Liability in Investment Treaty Arbitration is an interdisciplinary work, aimed at academics and practitioners, which focuses on five key dimensions of BIT arbitration. First, it analyses the past practice of state responsibility for injuries to aliens, placing the BIT generation in historical perspective. Second, it develops a descriptive law-and-economics model that explains the proliferation of BITs, and why they are all worded so similarly. Third, it addresses the legitimacy deficits of this new form of dispute settlement, weighing its potential advantages and democratic shortfalls. Fourth, it gives a comparative overview of the universal tension between property rights and the public interest, and the problems and challenges associated with liability grounded in illegal and arbitrary state action. Finally, it presents a detailed legal study of the current state of BIT jurisprudence regarding indirect expropriations and the fair and equitable treatment clause. This title is included in Bloomsbury Professional's International Arbitration online service.

Proportionality and Deference in Investor-State Arbitration

Caroline Henckels
Proportionality and Deference in Investor State Arbitration Book PDF

Author : Caroline Henckels
Publisher : Cambridge University Press
Page : 265 pages
File Size : 44,7 Mb
Release : 2015-10-15
Category : Law
ISBN : 9781107087903

Get Book

Proportionality and Deference in Investor-State Arbitration by Caroline Henckels Pdf

Caroline Henckels examines how investment tribunals should balance competing state and investor interests in determining state liability in regulatory disputes.

Investor – State Arbitration and Human Rights

Filip Balcerzak
Investor State Arbitration and Human Rights Book PDF

Author : Filip Balcerzak
Publisher : BRILL
Page : 331 pages
File Size : 46,6 Mb
Release : 2017-08-14
Category : Law
ISBN : 9789004339002

Get Book

Investor – State Arbitration and Human Rights by Filip Balcerzak Pdf

In Investor – state arbitration and human rights Filip Balcerzak examines the interrelations between human rights and international investment law. He discusses the place of human rights arguments in the course of arbitral proceedings based on investment treaties.

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 : 40,9 Mb
Release : 2020-06-30
Category : Law
ISBN : 1107013585

Get Book

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.

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 : 53,6 Mb
Release : 2010-10-14
Category : Law
ISBN : 9780199589104

Get Book

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.

The WTO and International Investment Law

Jürgen Kurtz
The WTO and International Investment Law Book PDF

Author : Jürgen Kurtz
Publisher : Cambridge University Press
Page : 327 pages
File Size : 42,7 Mb
Release : 2016-01-25
Category : Law
ISBN : 9781107009707

Get Book

The WTO and International Investment Law by Jürgen Kurtz Pdf

Jürgen Kurtz provides a theoretically grounded and doctrinally tractable framework to understand the relationship between international trade and investment law.

Standards of Investment Protection

August Reinisch
Standards of Investment Protection Book PDF

Author : August Reinisch
Publisher : Oxford University Press
Page : 301 pages
File Size : 43,5 Mb
Release : 2008
Category : Law
ISBN : 9780199547432

Get Book

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 Political Economy of the Investment Treaty Regime

Jonathan Bonnitcha,Lauge N. Skovgaard Poulsen,Michael Waibel
The Political Economy of the Investment Treaty Regime Book PDF

Author : Jonathan Bonnitcha,Lauge N. Skovgaard Poulsen,Michael Waibel
Publisher : Oxford University Press
Page : 354 pages
File Size : 54,5 Mb
Release : 2017
Category : Business & Economics
ISBN : 9780198719540

Get Book

The Political Economy of the Investment Treaty Regime by Jonathan Bonnitcha,Lauge N. Skovgaard Poulsen,Michael Waibel Pdf

Investment treaties are some of the most controversial instruments of global economic governance. This book integrates legal, economic, and political perspectives to offer the first comprehensive analysis of the political economy of the investment treaty regime, and contextualises the investment treaty regime in its broader socio-economic context.

Intellectual Property and International Dispute Resolution

Christopher Heath,Anselm Kamperman Sanders
Intellectual Property and International Dispute Resolution Book PDF

Author : Christopher Heath,Anselm Kamperman Sanders
Publisher : Kluwer Law International B.V.
Page : 384 pages
File Size : 52,6 Mb
Release : 2019-08-31
Category : Law
ISBN : 9789041191120

Get Book

Intellectual Property and International Dispute Resolution by Christopher Heath,Anselm Kamperman Sanders Pdf

Christopher Heath is a judge at the Boards of Appeal of the European Patent Office and former researcher of the Max Planck Institute in Munich. Anselm Kamperman Sanders is Professor of Intellectual Property Law and Director of the IPKM Master’s Programme at Maastricht University, the Netherlands. About this book: Intellectual Property and International Dispute Resolution, the first in-depth treatment of the interface between intellectual property rights and international dispute resolution. The book highlights the different mechanisms of international dispute settlement, having particular regard to cases involving intellectual property law. Investor dispute tribunals, as provided for in many bilateral and multilateral trade agreements, are suspected of intransparency, because proceedings are not public, of unequal treatment, because they give foreign investors a right of action where domestic investors would have none, and of undermining democracy, because they allow democratically enacted laws to be challenged with no possibility of appeal. What’s in this book: In this important book, a number of prominent legal scholars and practitioners examine the extent to which challenges against domestic legislation based on an alleged direct or indirect expropriation of intellectual property rights may be justified. The contributions cover such aspects as: history and current practice of international dispute resolution; direct application of international agreements by national courts; comparison of investor dispute settlement tribunals with other fora such as the WTO or domestic courts for determining compliance with international intellectual property standards; what can be considered ‘investment’ and ‘expropriation’ in the field of intellectual property; legislative freedom to operate when limiting intellectual property rights, particularly in the field of health and safety; and how societal interests could influence future legislation in the field of intellectual property law. One major focus of the book are the challenges against tobacco plain packaging legislation before domestic and international courts and tribunals and their outcome. How this book will help you: The book’s detailed analysis of the nature of investor dispute tribunals and how they may conflict with public interests – and its exploration of possible alternatives – is sure to be of great interest to internationally operating companies, policymakers, practitioners and scholars in both international trade law and intellectual property law.

Emerging Powers in the International Economic Order

Sonia E. Rolland,David M. Trubek
Emerging Powers in the International Economic Order Book PDF

Author : Sonia E. Rolland,David M. Trubek
Publisher : Cambridge University Press
Page : 0 pages
File Size : 54,8 Mb
Release : 2021-03-11
Category : Law
ISBN : 1107569753

Get Book

Emerging Powers in the International Economic Order by Sonia E. Rolland,David M. Trubek Pdf

The post-war liberal economic order seems to be crumbling, placing the world at an inflection point. China has emerged as a major force, and other emerging economies seek to play a role in shaping world trade and investment law. Might they band together to mount a wholesale challenge to current rules and institutions? Emerging Powers in the International Economic Order argues that resistance from the Global South and the creation of China-led alternative spaces will have some impact, but no robust alternative vision will emerge. Significant legal innovations from the South depart from the mainstream neoliberal model, but these countries are driven by pragmatism and strategic self-interest and not a common ideological orientation, nor do they intend to fully dismantle the current ordering. In this book, Sonia E. Rolland and David M. Trubek predict a more pluralistic world, which is neither the continued hegemony of neoliberalism nor a full blown alternative to it.

International Investment Law and Arbitration

Borzu Sabahi,Ian A. Laird,Giovanna E. Gismondi
International Investment Law and Arbitration Book PDF

Author : Borzu Sabahi,Ian A. Laird,Giovanna E. Gismondi
Publisher : BRILL
Page : 70 pages
File Size : 48,5 Mb
Release : 2018-07-17
Category : Law
ISBN : 9789004363038

Get Book

International Investment Law and Arbitration by Borzu Sabahi,Ian A. Laird,Giovanna E. Gismondi Pdf

International Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution.