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Author : Yannick Radi
Publisher : Cambridge University Press
Page : 581 pages
File Size : 45,9 Mb
Release : 2020-10-29
Category : Law
ISBN : 9781107102101
Offers the most comprehensive, detailed and up-to-date analysis of international investment law and arbitration compared to its competitors.
Author : C. L. Lim,Jean Ho,Martins Paparinskis
Publisher : Cambridge University Press
Page : 687 pages
File Size : 49,9 Mb
Release : 2021-03-11
Category : Law
ISBN : 9781108842990
A new edition connecting extracts from arbitral decisions, treaties and scholarly works with concise, up-to-date and reliable commentary.
Author : Zachary Douglas,Joost Pauwelyn,Jorge E. Viñuales
Publisher : OUP Oxford
Page : 586 pages
File Size : 43,7 Mb
Release : 2014-05-01
Category : Law
ISBN : 9780191508585
International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.
Author : Patrick Dumberry
Publisher : Cambridge University Press
Page : 535 pages
File Size : 49,7 Mb
Release : 2018-12-13
Category : Law
ISBN : 9781316503072
Patrick Dumberry provides a comprehensive analysis of the rules of customary international law in the field of international investment law.
Author : August Reinisch,Christina Knahr
Publisher : Eleven International Publishing
Page : 217 pages
File Size : 49,5 Mb
Release : 2008
Category : Arbitration (International law)
ISBN : 9789077596487
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.
Author : Pierre-Marie Dupuy,Francesco Francioni,Ernst-Ulrich Petersmann
Publisher : Oxford University Press
Page : 646 pages
File Size : 52,5 Mb
Release : 2009
Category : Law
ISBN : 9780199578184
There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.
Author : Rudolf Dolzer,Ursula Kriebaum,Christoph Schreuer
Publisher : Oxford University Press
Page : 561 pages
File Size : 50,7 Mb
Release : 2022-01-13
Category : Law
ISBN : 9780192672414
This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor-State arbitration. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students, scholars, and practitioners alike.
Author : Borzu Sabahi,Ian A. Laird,Giovanna E. Gismondi
Publisher : BRILL
Page : 70 pages
File Size : 53,5 Mb
Release : 2018-07-17
Category : Law
ISBN : 9789004363038
International Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution.
Author : Andrea Gattini,Attila Tanzi,Filippo Fontanelli
Publisher : BRILL
Page : 475 pages
File Size : 55,9 Mb
Release : 2018-06-01
Category : Law
ISBN : 9789004368385
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.
Author : Taida Begic
Publisher : Eleven International Publishing
Page : 269 pages
File Size : 55,7 Mb
Release : 2005
Category : Arbitration and award, International
ISBN : 9789077596128
This book gives a comprehensive overview of all relevant aspects of the issue of applicable substantive law in the context of investor/State arbitration. It is a comparative survey of both the International Center for Settlement of Investment Disputes (ICSID) and non-ICSID arbitral practice. The applicable substantive law represents an important issue in investment disputes as it determines the rules of law that should be applied to the merits of the dispute. This study demonstrates the need for a discussion on the applicable law before examining the merits of the case, as it appears to be non-existent in most arbitral awards. The author gives an extensive survey of choice of law clauses as found in direct agreements between parties and in multilateral or bilateral investment treaties. Furthermore, the author analyzes the following issues: stabilization clauses in investment agreements, the application of the residual rule (if parties failed to agree on the applicable law), the special position of the Iran-US Claims Tribunal and various annulment decisions.
Author : Catharine Titi
Publisher : Springer Nature
Page : 205 pages
File Size : 55,9 Mb
Release : 2021
Category : Conflict management
ISBN : 9783030589165
This open access book focuses on public actors with a role in the settlement of investment disputes. Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.
Author : M. Sornarajah
Publisher : Cambridge University Press
Page : 555 pages
File Size : 53,6 Mb
Release : 2010-05-06
Category : Law
ISBN : 9780521763271
This book is a thought-provoking and authoritative text on this fast moving field of international law.
Author : David Collins
Publisher : Cambridge University Press
Page : 385 pages
File Size : 49,8 Mb
Release : 2023-01-31
Category : Law
ISBN : 9781009245685
Concise introduction to the dynamic field of international investment law which sets out the key legal concepts and engages with current debates.
Author : Csaba Kovács
Publisher : Kluwer Law International B.V.
Page : 368 pages
File Size : 45,6 Mb
Release : 2018-08-20
Category : Law
ISBN : 9789041196828
The term ‘attribution’ refers to the means by which it is ascertained whether the State is involved in a dispute governed by international law. The notion of attribution is primarily used to determine if the State is responsible for the wrongful conduct of persons or entities with links to the State. In the context of international investment law, the exponentially growing arbitration jurisprudence arising from international investment agreements (IIAs), especially bilateral investment treaties (BITs), reflects the extent and risk of attribution determined in investment relationships that often involve State enterprises. This book, the first in-depth study of the uses of attribution in international investment law, provides a deeply informed analysis of the treatment of attribution in applicable legal instruments and investment arbitration jurisprudence worldwide. The analysis responds to such questions as the following: - When is a conduct attributable to the State for the purposes of its responsibility under international investment law? - What legal instruments govern the question of attribution under international investment law? - In what circumstances is the State the proper party to a contract entered into by a State-owned enterprise with an investor protected by an investment treaty? - How can State policymakers minimise their international law responsibility within the existing framework of attribution in international investment law? - How can investors maximise their protection within the existing framework of attribution in international investment law? Also covered are the procedural treatment of attribution by investment tribunals, explication of such broad-brush wordings as ‘elements of governmental authority’ and ‘under the direction or control’, and the impact of the rise of State-owned enterprises as investors. Ongoing and future trends in the jurisprudence are also taken into account. A one-stop reference on the question of attribution in international investment law, the analysis extracts identifiable commonalities among instruments and rulings, turning them into useful practice tools. This book will prove invaluable for practitioners advising States or investors in investment disputes. More generally, this book will be welcomed by arbitrators, in-house counsel for companies doing transnational business and international arbitration centres, as well as by academics in international arbitration.
Author : Sergey Ripinsky,Kevin Williams
Publisher : BIICL
Page : 616 pages
File Size : 51,7 Mb
Release : 2008
Category : Law
ISBN : 190522124X
The past two decades have seen a rising wave of investor-State arbitrations, which pose important questions in international law. This book addresses one of the least understood and most unpredictable areas in that field - the assessment of damages. The book is a result of a two-year research project carried out at the British Institute of International and Comparative Law, and it is the first to examine the subject in a systematic, comprehensive, and detailed manner. Damages in International Investment Law offers a much-needed, balanced assessment of the complicated and controversial issues arising in relation to compensation awards, putting special emphasis on the interpretation and application of international rules on damages by arbitral tribunals. In addition to careful analyses of the most recent investment treaty case law, other relevant practice - both international and national - is reviewed. Thorough, well-organized, and supplemented by analytical annexes, the book will be a valuable reference tool for legal professionals and a practical aide for constructing and resolving damages claims in investment arbitrations.