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Author : Patrick Dumberry
Publisher : Cambridge University Press
Page : 535 pages
File Size : 42,5 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 : Panos Merkouris,Andreas Kulick,José Manuel Álvarez-Zarate,Maciej Żenkiewicz,Konrad Turnbull
Publisher : Cambridge University Press
Page : 433 pages
File Size : 50,6 Mb
Release : 2023-11-30
Category : Law
ISBN : 9781009255455
At first glance, one may think of international investment law as a response to custom (or lack thereof), instead of a field of its application. However, in fact, the opposite is the case. The interpretation and application of customary rules and principles are the bread and butter of international investment law and arbitration. With a diverse range of expert contributors, this collection traces how customary international law is practised in international investment law. It considers how custom should be interpreted and how its rules and principles should be understood and applied by investor-state arbitral tribunals. Raising and addressing vital questions surrounding custom and international law, this collection is a necessary contribution to the scholarship of the theory and history of customary international law and international investment law. This title is also available as Open Access on Cambridge Core.
Author : Tarcisio Gazzini,Eric De Brabandere
Publisher : Martinus Nijhoff Publishers
Page : 363 pages
File Size : 44,6 Mb
Release : 2012-08-22
Category : Law
ISBN : 9789004214538
Transnational investment involves a variety of actors (States, public and private legal entities, and natural persons) whose relationships are governed by rules and legal instruments belonging to different legal systems. This book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction. It focuses primarily on the network of over 3,000 Bilateral Investment Treaties, international investment contracts, customary international law, the main multilateral treaties, national legislation, international case law and general principles of law. The book, firmly based on State practice, arbitral awards and national decisions, is indispensable to fully appraise the nature and content of the claims of private investors as well as to identify the law applicable in investment arbitration.
Author : Panos Merkouris,Jörg Kammerhofer,Noora Arajärvi
Publisher : Cambridge University Press
Page : 647 pages
File Size : 42,9 Mb
Release : 2022-05-26
Category : Law
ISBN : 9781316516898
Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.
Author : Anonim
Publisher : Oxford University Press
Page : 737 pages
File Size : 49,8 Mb
Release : 2024-02-22
Category : Law
ISBN : 9780192666918
General international law is part and parcel of investor-state arbitration. This is the case not only regarding treaty law and state responsibility, but also with respect to matters such as state succession, the international minimum standard, and state immunity, all of which feature regularly in investor-state arbitration. Yet, although general international law issues arise in almost every investment case and often require extensive research, no systematic exploration of the relationship between the two exists. This Commentary is the first to fill this gap, providing a comprehensive treatment of the role of general international law in international investment law. It engages in detail with central matters of general international law, including in the practice of investment arbitration tribunals, moving beyond existing works which focus solely on procedural and institutional provisions. The Commentary's forty-six chapters do not focus on a single source or subject. Instead, each concentrates on a specific, relevant article from a particular source of public law - such as the Vienna Convention on the Law of Treaties (1969) or the International Law Commission's Articles on the Responsibility of States for Internationally Wrongful Acts (2001), among others. The entries combine detailed analysis with an examination of procedural and substantive aspects - such as nationality and unjust enrichment - and respond to the following questions: how have investment tribunals interpreted and applied the specific rule of general international law? To what extent and why does such interpretation and application align with or deviate from the practice by other international courts or tribunals? How could and should investment tribunals interpret and apply rules that have yet to feature in investment arbitration? This unique format means this commentary will serve as a central guide for all relevant case law and scholarship on international investment law.
Author : Jean-Marie Henckaerts,Carolin Alvermann,Comité international de la Croix-Rouge
Publisher : Cambridge University Press
Page : 610 pages
File Size : 47,8 Mb
Release : 2005-03-03
Category : Law
ISBN : 9780521808996
Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
Author : Jola Gjuzi
Publisher : Springer
Page : 545 pages
File Size : 47,7 Mb
Release : 2018-12-05
Category : Law
ISBN : 9783319972329
This book analyzes the tension between the host state’s commitment to provide regulatory stability for foreign investors – which is a tool for attracting FDI and generating economic growth – and its evolving non-economic commitments towards its citizens with regard to environmental protection and social welfare. The main thesis is that the ‘stabilization clause/regulatory power antinomy,’ as it appears in many cases, contradicts the content and rationale of sustainable development, a concept that is increasingly prevalent in national and international law and which aims at the integration and balancing of economic, environmental, and social development. To reconcile this antinomy at the decision-making and dispute settlement levels, the book employs a ‘constructive sustainable development approach,’ which is based on the integration and reconciliation imperatives of the concept of sustainable development as well as on the application of principles of law such as non-discrimination, public purpose, due process, proportionality, and more generally, good governance and rule of law. It subsequently re-conceptualizes stabilization clauses in terms of their design (ex-ante) and interpretation (ex-post), yielding stability to the benefit of foreign investors, while also mitigating their negative effects on the host state’s power to regulate.
Author : Patrick Dumberry
Publisher : BRILL
Page : 88 pages
File Size : 52,8 Mb
Release : 2018-07-17
Category : Law
ISBN : 9789004366121
This book examines the interaction between the concept of the ‘minimum standard of treatment’ under custom and the fair and equitable treatment (FET) standard found in the vast majority of BITs. It also analyses whether the FET standard should be considered as a rule of customary international law.
Author : August Reinisch,Christina Knahr
Publisher : Eleven International Publishing
Page : 217 pages
File Size : 52,6 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 : Brian D. Lepard
Publisher : Cambridge University Press
Page : 441 pages
File Size : 53,6 Mb
Release : 2010-01-11
Category : Law
ISBN : 9780521191364
This book sets out to articulate a comprehensive theory of customary international law that can effectively resolve the conceptual and practical enigmas surrounding it. It takes a multidisciplinary approach and draws insights from international law, legal theory, political science, and game theory. It is anchored in a sophisticated ethical framework and explores the interrelationships between customary international law and ethics.
Author : M. Sornarajah
Publisher : Cambridge University Press
Page : 256 pages
File Size : 52,7 Mb
Release : 1994-08-18
Category : Law
ISBN : 0521465281
The author examines different techniques adopted by States for attracting foreign investment and for ensuring that foreign investment serves their economic objectives.
Author : Pedro J. Martinez-Fraga,C. Ryan Reetz
Publisher : Cambridge University Press
Page : 471 pages
File Size : 54,9 Mb
Release : 2015-02-19
Category : Law
ISBN : 9781107081741
This text explores how the public purpose doctrine reconciles the conflicting obligations that states have to engage in regulatory sovereignty while honoring host-state obligations to protect foreign investment. It examines the multiple permutations and iterations of the doctrine and the inherent fundamental flaws that lead to disparities in the relationship between investors and states.
Author : Abera Milkessa
Publisher : GRIN Verlag
Page : 20 pages
File Size : 51,9 Mb
Release : 2022-09-14
Category : Law
ISBN : 9783346723628
Studienarbeit aus dem Fachbereich Jura - Andere Rechtssysteme, Rechtsvergleichung, , Sprache: Deutsch, Abstract: The sources of international investment law are discussed, as well as the distinguishing characteristics of this area of international law in comparison to general international law. The predominance of bilateral investment treaties in investment relations raises various problems about the linkages between investment and non-investment treaties. In such situations, no investment tribunal has exonerated a party from its investment duties, nor has it considerably lowered the amount of compensation to be paid to the damaged party. In the formative phase of international investment law, particularly in the oil concession arbitrations and in the pre-BIT era, general principles of law played an important role (such as in the Iran-US Claims Tribunal). According to recent empirical investigations, they are mainly ignored by today's arbitral tribunals. The intrinsic ambiguity of this source of law may explain the relative insignificance of general rules in contemporary investment jurisprudence. Article 53 of the Vienna Convention, which deals with jus cogens, and Article 103 of the United Nations Charter, which deals with the primacy of the Charter's duties over investment treaties, Although writers' writings are considered a "secondary" source of international law, investment courts frequently consult them. Unlike the International Court of Justice, the World Trade Organization Appellate Body, and the European Court of Human Rights, which seldom resort to writers' opinions, investment arbitrators usually refer to scholarly literature In this chapter, we examine the distinctive features of the sources of international investment law and how they relate to relationships between host states and foreign investors. Article 38 of the International Court of Justice's Statute of Justice defines the list of sources of general international law. As discussed in this chapter, not all rules of public international law are relevant to relationships with host states or foreign investor.
Author : Steffen Hindelang,Markus Krajewski
Publisher : Oxford University Press
Page : 430 pages
File Size : 45,6 Mb
Release : 2016-01-21
Category : Law
ISBN : 9780191058288
International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.
Author : Zachary Douglas,Joost Pauwelyn,Jorge E. Viñuales
Publisher : Oxford University Press
Page : 586 pages
File Size : 42,5 Mb
Release : 2014-02
Category : Law
ISBN : 9780199685387
Bringing together conceptual theories of international investment law with the practical application of the law in treaty arbitration, this book investigates the key controversies in the field. It provides a detailed examination of how a different theoretical approach would have led to a different outcome in a number of important arbitral awards.
