State Capitalism And International Investment Law

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State Capitalism and International Investment Law

Panagiotis Delimatsis,Georgios Dimitropoulos,Anastasios Gourgourinis

Author : Panagiotis Delimatsis,Georgios Dimitropoulos,Anastasios Gourgourinis
Publisher : Bloomsbury Publishing
Page : 359 pages
File Size : 55,6 Mb
Release : 2023-01-26
Category : Law
ISBN : 9781509962983

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State Capitalism and International Investment Law by Panagiotis Delimatsis,Georgios Dimitropoulos,Anastasios Gourgourinis Pdf

This book explores how State capitalism affects and reshapes international investment law. It sheds new light on the various ways States actively influence business and commercial activity globally by using sovereign investors such as state-owned enterprises and sovereign wealth funds or pension funds. With a diverse group of contributors from a broad range of countries, the book offers a fresh and timely look into the fundamentals of State capitalism, focusing in particular on its actors and processes, the contextual elements that surround it, and the new political economy that comes with it. The book is essential reading for researchers, regulators, policy makers, and practitioners interested in the different ways State capitalism challenges and changes international investment law. As geopolitical considerations increasingly affect global economic activity, delving into the intricacies of State capitalism has never been more timely.

Regulation of State-Controlled Enterprises

Julien Chaisse,Jędrzej Górski,Dini Sejko

Author : Julien Chaisse,Jędrzej Górski,Dini Sejko
Publisher : Springer Nature
Page : 727 pages
File Size : 55,9 Mb
Release : 2022-08-25
Category : Law
ISBN : 9789811913686

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Regulation of State-Controlled Enterprises by Julien Chaisse,Jędrzej Górski,Dini Sejko Pdf

This book analyses actual and potential normative (whether legislative or contractual) conflicts and complex transnational disputes related to state-controlled enterprises (SCEs) operations and how they are interwoven with the problem of foreign direct investment. Moreover, SCEs also fall within the remit of international political economy, international economics and other SCE-related fields that go beyond purely legal or regulatory matters. In this connection, research on such economic and political determinants of SCE’s operations greatly informs and supplements the state of knowledge on how to best regulate cross-border aspects of SCE’s and is also be covered in this book. The book also aims to analyse the “SCE phenomenon” which includes a wide panoply of entities that have various structures with different degrees of control by states at the central or regional level, and that critically discuss the above-mentioned overlapping legal economic and political systems which can emerge under various shades of shadows casted by governmental umbrellas (i.e., the control can be exercised through ownership, right to appoint the management, and special-voting-rights). The chapters in this book are grouped, so as to address cross-border investment by and in SCE, into four coherent major parts, namely --- (i) the regulatory framework of state capitalism: laws, treaties, and contracts; (ii) economic and institutional expansion of state capitalism; (iii) the accountability of state capitalism: exploring the forms of liabilities; and (iv) regional and country perspectives. Contributions address the core theme from a broad range of SCE and international economic regulations, including but not limited to competition law, WTO law, investment law, and financial/monetary law. They also cover the new emerging generation of Free Trade Agreements (EU-Vietnam FTA, EU China investment treaty, Regional Comprehensive Economic Partnership; and the coordination between treaty systems). The book is a valuable addition and companion for courses, such as international trade law, international law of foreign investment, transnational law, international and economic development, world politics, law of preferential trade agreements, international economics, and economics of development.

Systemic Violence of the Law

Enrique Prieto-Rios

Author : Enrique Prieto-Rios
Publisher : Rowman & Littlefield
Page : 167 pages
File Size : 40,9 Mb
Release : 2021-08-19
Category : Philosophy
ISBN : 9781538157855

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Systemic Violence of the Law by Enrique Prieto-Rios Pdf

This book argues that International Investment Law system – IIL - was the result of a colonial project within a capitalist system that has been influenced by the developmentalism discourse and the neoliberal ideology, becoming an instrument that facilitated forms of systemic violence against Third World countries. In order to develop this argument, Enrique Prieto-Rios uses post-war critical thought, chiefly Fanon as interpreted by Lewis R Gordon, the works pursued by academics, part of the Caribbean Philosophical Association, the Institute for Global Law and Policy, the international law from below (southern perspectives), and critical economic thought— particularly the notable economic contributions of Ha-Joon Chang and Latin-American philosopher Enrique Dussel.

Prospects in International Investment Law and Policy

Roberto Echandi,Pierre Sauvé,World Trade Institute (Bern, Switzerland)

Author : Roberto Echandi,Pierre Sauvé,World Trade Institute (Bern, Switzerland)
Publisher : Cambridge University Press
Page : 495 pages
File Size : 52,5 Mb
Release : 2013-04-18
Category : Law
ISBN : 9781107035867

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Prospects in International Investment Law and Policy by Roberto Echandi,Pierre Sauvé,World Trade Institute (Bern, Switzerland) Pdf

Addresses the most central debates in contemporary investment law and policy.

The Right of States to Regulate in International Investment Law

Yulia Levashova

Author : Yulia Levashova
Publisher : Kluwer Law International B.V.
Page : 278 pages
File Size : 51,6 Mb
Release : 2019-07-18
Category : Law
ISBN : 9789403510156

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The Right of States to Regulate in International Investment Law by Yulia Levashova Pdf

Due to the ongoing recent expansion of public interest issues worldwide, the state’s right to regulate has been recaptured as a prominent concept in international investment law. The fair and equitable treatment (FET) standard provision in the text of an international investment agreement (IIA) has become a detailed clause clarifying the specific obligations of a state towards an investor under the FET standard. However, striking the right balance between the interests of host states and investors in these new treaty formulations has proved to be challenging. This book greatly clarifies the field by offering the in-depth analysis of the application of the state’s right to regulate in relation to FET standard provisions in IIAs and to decisions by arbitral tribunals in FET cases. Recognising that the role of tribunals is to balance the state’s public interests and the interests of the investor when interpreting and applying the FET standard, the author pursues such seminal issues and topics as the following: the legitimacy of the objective of the state’s measure; obligations and responsibilities of investors towards a host state; the nature and impact of a change to a national regulatory framework; special economic and sociopolitical circumstances in a host state; and due diligence and risk assessment as a condition for the protection of an investor’s legitimate expectations. Multiple IIAs concluded by the OECD Member States, as well by Russia and China between the developing countries, and the prominent investment law cases on the FET standard are examined in detail. The analysis pays particular attention to how investment jurisprudence in FET cases has been reflected in such new IIAs as the Comprehensive Economic and Trade Agreement between the European Union (EU) and Canada (CETA), the EU-Vietnam FTA and the EU-Singapore FTA. These case studies demonstrate the evolution of the IIAs’ FET standard provisions and how they balance the application of the FET standard and the state’s right to regulate. Suggestions are provided for drafting formulations of the FET standard that can contribute to achieving such a balance. In the clear light it sheds on the legal conditions under which states may regulate in the public interest and its contribution to the reforms that are currently taking place in the field of international investment law, this book constitutes an exemplary framework to evaluate investment decisions on the FET standard and the right to regulate. It is sure to prove extremely useful for practitioners who work on investment cases, policymakers involved in negotiating and drafting of IIAs, policy advisors of governmental and non-governmental organisations and academics in international investment law.

The International Law on Foreign Investment

M. Sornarajah

Author : M. Sornarajah
Publisher : Cambridge University Press
Page : 555 pages
File Size : 54,5 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.

Capitalism As Civilisation

Ntina Tzouvala

Author : Ntina Tzouvala
Publisher : Cambridge University Press
Page : 277 pages
File Size : 47,8 Mb
Release : 2020-10-29
Category : Law
ISBN : 9781108497183

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Capitalism As Civilisation by Ntina Tzouvala Pdf

Using the theoretical tools drawn from historical materialism and deconstruction, Tzouvala offers a comprehensive history of the standard of civilisation.

Regulating the Visible Hand?

Benjamin L. Liebman,Curtis J. Milhaupt

Author : Benjamin L. Liebman,Curtis J. Milhaupt
Publisher : Oxford University Press, USA
Page : 481 pages
File Size : 47,5 Mb
Release : 2016
Category : Business & Economics
ISBN : 9780190250256

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Regulating the Visible Hand? by Benjamin L. Liebman,Curtis J. Milhaupt Pdf

This text examines the domestic and global consequences of Chinese state capitalism, focusing on the impact of state-owned enterprises on regulation and policy, while placing China's variety of state capitalism in comparative perspective.

World Trade and Investment Law Reimagined

Alvaro Santos,Chantal Thomas,David Trubek

Author : Alvaro Santos,Chantal Thomas,David Trubek
Publisher : Anthem Press
Page : 422 pages
File Size : 50,7 Mb
Release : 2019-06-28
Category : Law
ISBN : 9781783089741

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World Trade and Investment Law Reimagined by Alvaro Santos,Chantal Thomas,David Trubek Pdf

World trade and investment law is in crisis: new and progressive ideas are needed. Rules that facilitated globalization and supported global economic growth are being challenged. A system of global governance that once seemed secure is now at risk as the United States ignores the rules while developing countries struggle to escape restrictions. Some want to tear global institutions and agreements down while others try desperately to maintain the status quo. Rejecting both options, a group of trade and investment law experts from 10 countries, South and North, have joined hands to propose ideas for a new world trade and investment law that would maintain global growth while distributing costs and benefi ts more fairly. Paying special attention to those who have suffered from trade dislocation and to restrictions that have hampered innovative growth strategies in developing countries, they outline a progressive trade and investment law agenda in World Trade and Investment Law Reimagined.

Judging the State in International Trade and Investment Law

Leïla Choukroune

Author : Leïla Choukroune
Publisher : Springer
Page : 222 pages
File Size : 46,6 Mb
Release : 2016-12-10
Category : Law
ISBN : 9789811023606

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Judging the State in International Trade and Investment Law by Leïla Choukroune Pdf

This book addresses concerns with the international trade and investment dispute settlement systems from a statist perspective, at a time when multilateralism is deeply questioned by the forces of mega-regionalism and political and economic contestation. In covering recent case law and theoretical discussions, the book’s contributors analyze the particularities of statehood and the limitations of the dispute settlement systems to judge sovereign actors as autonomous regulators. From a democratic deficit coupled with a deficit of legitimacy in relation to the questionable professionalism, independence and impartiality of adjudicators to the lack of consistency of decisions challenging essential public policies, trade and investment disputes have proven controversial. These challenges call for a rethinking of why, how and what for, are States judged. Based on a “sovereignty modern” approach, which takes into account the latest evolutions of a globalized trade and investment law struggling to put people’s expectations at its core, the book provides a comprehensive framework and truly original perspective linking the various facets of “judicial activity” to the specific yet encompassing character of international law and the rule of law in international society. In doing so, it covers a large variety of issues such as global judicial capacity building and judicial professionalism from an international and domestic comparative angle, trade liberalisation and States' legitimate rights and expectations to protect societal values, the legal challenges of being a State claimant, the uses and misuses of imported legal concepts and principles in multidisciplinary adjudications and, lastly, the need to reunify international law on a (human) rights based approach.

Handbook of International Investment Law and Policy

Julien Chaisse,Leïla Choukroune,Sufian Jusoh

Author : Julien Chaisse,Leïla Choukroune,Sufian Jusoh
Publisher : Springer
Page : 0 pages
File Size : 47,6 Mb
Release : 2021-08-17
Category : Law
ISBN : 9811336148

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Handbook of International Investment Law and Policy by Julien Chaisse,Leïla Choukroune,Sufian Jusoh Pdf

The Handbook of International Investment Law and Policy is a one-stop reference source. This Handbook covers the main conceptual questions in a logical, scholarly yet easy to comprehend manner. It is based on a truly global vision insisting particularly on Global South related issues and developments. In this respect, the Handbook of International Investment Law and Policy provides an excellent modern treatment of international investment law which is one of the fastest growing areas of international economic law. Professor Julien Chaisse, Professor Leïla Choukroune, and Professor Sufian Jusoh are the editors-in-chief of the Handbook of International Investment Law and Policy, a 1,500-page reference book, which is anticipated becoming one of the most influenced reference books in the international economic law areas. This Handbook is a highly comprehensive set of four volumes of original materials designed to cover all facets of international investment law and policy. The chapters, written by world-leading experts, explore key ideas and debates in relation to: international investment substantive law (Volume I), Investor-state dispute settlement (Volume II); interaction between international investment law and other fields of international law (Volume III); and, the new trends and challenges for international investment law (Volume IV). The Handbook will feature more than 80 contributions from leading experts (academics, lawyers, government officials), including Vivienne Bath, M. Sornarajah, Mélida Hodgson, Rahul Donde, Roberto Echandi, Andrew Mitchell, Ernst-Ulrich Petersmann, Christina L. Beharry, Krista Nadakavukaren Schefer, Leon Trakman, Prabhash Ranjan, Emmanuel Jacomy, Mariel Dimsey, Stavros Brekoulakis, Romesh Weeramantry, Nathalie Bernasconi-Osterwalder, David Collins, Damilola S. Olawuyi, Katia Fach Gomez, Jaemin Lee, Alejandro Carballo-Leyda, Patrick W. Pearsall, Mark Feldman, Surya Deva, Luke Nottage, Rafael Leal-Arcas, James Nedumpara, Rodrigo Polanco, etc. This Handbook will be an essential reference tool for students and scholars of international economic law. Policy makers and researchers alike will find the Handbook of International Investment Law and Policy useful for years to come.

The Oxford Handbook of Transnational Law

Peer Zumbansen

Author : Peer Zumbansen
Publisher : Oxford University Press
Page : 1246 pages
File Size : 42,9 Mb
Release : 2021
Category : Law
ISBN : 9780197547410

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The Oxford Handbook of Transnational Law by Peer Zumbansen Pdf

A comprehensive compendium for the field of transnational law by providing a treatment and presentation in an area that has become one of the most intriguing and innovative developments in legal doctrine, scholarship, theory, as well as practice today. With a considerable contribution from and engagement with social sciences, it features numerous reflections on the relationship between transnational law and legal practice.

Evolution in Investment Treaty Law and Arbitration

Chester Brown,Kate Miles

Author : Chester Brown,Kate Miles
Publisher : Cambridge University Press
Page : 747 pages
File Size : 52,5 Mb
Release : 2011-11-17
Category : Law
ISBN : 9781139503617

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Evolution in Investment Treaty Law and Arbitration by Chester Brown,Kate Miles Pdf

International investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century - and its exponential growth over the last decade - new levels of complexity, uncertainty and substantive expansion are emerging. States continue to enter into investment treaties and the number of investor-State arbitration claims continues to rise. At the same time, the various participants in investment treaty arbitration are faced with increasingly difficult issues concerning the fundamental character of the investment treaty regime, the role of the actors in international investment law, the new significance of procedure in the settlement of disputes and the emergence of cross-cutting issues. Bringing together established scholars and practitioners, as well as members of a new generation of international investment lawyers, this volume examines these developments and provides a balanced assessment of the challenges being faced in the field.

The End of the Free Market

Ian Bremmer

Author : Ian Bremmer
Publisher : Penguin
Page : 200 pages
File Size : 49,8 Mb
Release : 2010-05-13
Category : Business & Economics
ISBN : 9781101429457

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The End of the Free Market by Ian Bremmer Pdf

Understanding the rise of state capitalism and its threat to global free markets The End of the Free Market details the growing phenomenon of state capitalism, a system in which governments drive local economies through ownership of market-dominant companies and large pools of excess capital, using them for political gain. This trend threatens America's competitive edge and the conduct of free markets everywhere. An expert on the intersection of economics and politics, Ian Bremmer has followed the rise of state-owned firms in China, Russia, the Arab states of the Persian Gulf, Iran, Venezuela, and elsewhere. He demonstrates the growing challenge that state capitalism will pose for the entire global economy. Among the questions addressed: Are we on the brink of a new kind of Cold War, one that pits competing economic systems in a battle for dominance? Can free market countries compete with state capitalist powerhouses over relations with countries that have elements of both systems-like India, Brazil, and Mexico? Does state capitalism have staying power? This guide to the next big global economic trend includes useful insights for investors, business leaders, policymakers, and anyone who wants to understand important emerging changes in international politics and the global economy.

State Capitalism

Joshua Kurlantzick

Author : Joshua Kurlantzick
Publisher : Oxford University Press
Page : 287 pages
File Size : 51,7 Mb
Release : 2016-03-08
Category : Political Science
ISBN : 9780199385720

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State Capitalism by Joshua Kurlantzick Pdf

The end of the Cold War ushered in an age of American triumphalism best characterized by the "Washington Consensus:" the idea that free markets, democratic institutions, limitations on government involvement in the economy, and the rule of law were the foundations of prosperity and stability. The last fifteen years, starting with the Asian financial crisis, have seen the gradual erosion of that consensus. Many commentators have pointed to the emergence of a powerful new rival model: state capitalism. In state capitalist regimes, the government typically owns firms in strategic industries. Not beholden to private-sector shareholders, such firms are allowed to operate with razor-thin margins if the state deems them strategically important. China, soon to be the world's largest economy, is the best known state capitalist regime, but it is hardly the only one. In State Capitalism, Joshua Kurlantzick ranges across the world--China, Thailand, Brazil, Russia, South Africa, Turkey, and more--and argues that the increase in state capitalism across the globe has, on balance, contributed to a decline in democracy. He isolates some of the reasons for state capitalism's resurgence: the fact that globalization favors economies of scale in the most critical industries, and the widespread rejection of the Washington Consensus in the face of the problems that have plagued the world economy in recent years. That said, a number of democratic nations have embraced state capitalism, and in those regimes, state-backed firms like Brazil's Embraer have enjoyed considerable success. Kurlantzick highlights the mixed record and the evolving nature of the model, yet he is more concerned about the negative effects of state capitalism. When states control firms, whether in democratic or authoritarian regimes, the government increases its advantage over the rest of society. The combination of new technologies, the perceived failures of liberal economics and democracy in many developing nations, the rise of modern kinds of authoritarians, and the success of some of the best-known state capitalists have created an era ripe for state intervention. State Capitalism offers the sharpest analysis yet of what state capitalism's emergence means for democratic politics around the world.

State Capitalism And International Investment Law

State Capitalism and International Investment Law by Panagiotis Delimatsis,Georgios Dimitropoulos,Anastasios Gourgourinis Pdf

Regulation of State-Controlled Enterprises by Julien Chaisse,Jędrzej Górski,Dini Sejko Pdf

Systemic Violence of the Law by Enrique Prieto-Rios Pdf

Prospects in International Investment Law and Policy by Roberto Echandi,Pierre Sauvé,World Trade Institute (Bern, Switzerland) Pdf

The Right of States to Regulate in International Investment Law by Yulia Levashova Pdf

The International Law on Foreign Investment by M. Sornarajah Pdf

Capitalism As Civilisation by Ntina Tzouvala Pdf

Regulating the Visible Hand? by Benjamin L. Liebman,Curtis J. Milhaupt Pdf

World Trade and Investment Law Reimagined by Alvaro Santos,Chantal Thomas,David Trubek Pdf

Judging the State in International Trade and Investment Law by Leïla Choukroune Pdf

Handbook of International Investment Law and Policy by Julien Chaisse,Leïla Choukroune,Sufian Jusoh Pdf

The Oxford Handbook of Transnational Law by Peer Zumbansen Pdf

Evolution in Investment Treaty Law and Arbitration by Chester Brown,Kate Miles Pdf

The End of the Free Market by Ian Bremmer Pdf

State Capitalism by Joshua Kurlantzick Pdf

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