The Interpretation Of International Investment Law

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The Interpretation of International Investment Law

Author : Todd Weiler
Publisher : Martinus Nijhoff Publishers
Page : 572 pages
File Size : 40,8 Mb
Release : 2013-05-02
Category : Business & Economics
ISBN : 9789004232235

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The Interpretation of International Investment Law by Todd Weiler Pdf

In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historical analysis should be adopted in the interpretation of international investment law obligations. Weiler subjects some of the most commonly held beliefs about the nature and development of international investment law to a critical re-appraisal, based upon meticulously assembled historical record. In the process, the book provides readers with a fresh perspective on some of the oldest obligations in international law.

Principles of International Investment Law

Author : Rudolf Dolzer,Ursula Kriebaum,Christoph Schreuer
Publisher : Oxford University Press
Page : 561 pages
File Size : 52,8 Mb
Release : 2022-01-13
Category : Law
ISBN : 9780192672414

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Principles of International Investment Law by Rudolf Dolzer,Ursula Kriebaum,Christoph Schreuer Pdf

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.

International Investment Law

Author : Tarcisio Gazzini,Eric De Brabandere
Publisher : Martinus Nijhoff Publishers
Page : 363 pages
File Size : 53,9 Mb
Release : 2012-08-22
Category : Law
ISBN : 9789004214538

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International Investment Law by Tarcisio Gazzini,Eric De Brabandere Pdf

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.

The Foundations of International Investment Law

Author : Zachary Douglas,Joost Pauwelyn,Jorge E. Viñuales
Publisher : Oxford University Press
Page : 586 pages
File Size : 54,9 Mb
Release : 2014-02
Category : Law
ISBN : 9780199685387

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The Foundations of International Investment Law by Zachary Douglas,Joost Pauwelyn,Jorge E. Viñuales Pdf

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.

International Investment Law: Understanding Concepts and Tracking Innovations A Companion Volume to International Investment Perspectives

Author : OECD
Publisher : OECD Publishing
Page : 344 pages
File Size : 52,8 Mb
Release : 2008-03-14
Category : Electronic
ISBN : 9789264042032

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International Investment Law: Understanding Concepts and Tracking Innovations A Companion Volume to International Investment Perspectives by OECD Pdf

A comprehensive source of information on four key issues: the definition of investor and investment; the interpretation of umbrella clauses in investment agreements; coverage of environmental, labour and anti-corruption issues; and the interaction between investment and services chapters in RTAs.

International Investment Law

Author : Arnaud de Nanteuil
Publisher : Edward Elgar Publishing
Page : 408 pages
File Size : 52,6 Mb
Release : 2020-02-28
Category : Law
ISBN : 9781788975896

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International Investment Law by Arnaud de Nanteuil Pdf

This comprehensive book provides a complete overview of the international legal system of foreign investment protection, synthesising material from treaties, general international law, contracts and case law to demonstrate a coherent system of investment protection. Through this systematic approach, the book considers all aspects of the discipline, providing a thorough and accessible analysis.

International Investment Law and Legal Theory

Author : Jörg Kammerhofer
Publisher : Cambridge University Press
Page : 391 pages
File Size : 54,7 Mb
Release : 2021-05-06
Category : Law
ISBN : 9781108839174

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International Investment Law and Legal Theory by Jörg Kammerhofer Pdf

A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.

International Investment Law

Author : Surya P Subedi
Publisher : Bloomsbury Publishing
Page : 391 pages
File Size : 55,9 Mb
Release : 2024-03-21
Category : Law
ISBN : 9781509975174

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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.

Shifting Paradigms in International Investment Law

Author : Steffen Hindelang,Markus Krajewski
Publisher : Oxford University Press
Page : 497 pages
File Size : 40,8 Mb
Release : 2016
Category : Law
ISBN : 9780198738428

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Shifting Paradigms in International Investment Law by Steffen Hindelang,Markus Krajewski Pdf

In light of the controversies surrounding the impact of investment treaties and arbitration, this book reflects on the major changes in the area of international investment law.

Interpretation of International Investment Treaties

Author : Tarcisio Gazzini
Publisher : Bloomsbury Publishing
Page : 423 pages
File Size : 45,5 Mb
Release : 2016-11-03
Category : Law
ISBN : 9781782255666

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Interpretation of International Investment Treaties by Tarcisio Gazzini Pdf

This book offers a systematic study of the interpretation of investment-related treaties – primarily bilateral investment treaties, the Energy Charter Treaty, Chapter XI NAFTA as well as relevant parts of Free Trade Agreements. The importance of interpretation in international law cannot be overstated and, indeed, most treaty claims adjudicated before investment arbitral tribunals have raised and continue to raise crucial and often complex issues of interpretation. The interpretation of investment treaties is governed by the Vienna Convention on the Law of Treaties (VCLT). The disputes relating to these treaties, however, are rather peculiar as they place multinational companies (or natural person) in opposition to sovereign governments. Fundamental questions dealt with in the study include: Are investment treaties a special category of treaty for the purpose of interpretation? How have the rules on interpretation contained in the VCLT been applied in investment disputes? What are the main problems encountered in investment-related disputes? To what extent are the VCLT rules suited to the interpretation of investment treaties? Have tribunals developed new techniques concerning treaty interpretation? Are these techniques consistent with the VCLT? How can problems relating to interpretation be solved or minimised? How creative have arbitral tribunals been in interpreting investment treaties? Are States capable of keeping effective control over interpretation?

Custom and Its Interpretation in International Investment Law: Volume 2

Author : Panos Merkouris,Andreas Kulick,José Manuel Álvarez-Zarate,Maciej Żenkiewicz,Konrad Turnbull
Publisher : Unknown
Page : 434 pages
File Size : 44,5 Mb
Release : 2024-01-10
Category : Law
ISBN : 9781009255431

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Custom and Its Interpretation in International Investment Law: Volume 2 by Panos Merkouris,Andreas Kulick,José Manuel Álvarez-Zarate,Maciej Żenkiewicz,Konrad Turnbull Pdf

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.

International Investment Law

Author : Krista Nadakavukaren Schefer
Publisher : Edward Elgar Publishing
Page : 597 pages
File Size : 45,6 Mb
Release : 2020-02-28
Category : Law
ISBN : 9781788977227

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International Investment Law by Krista Nadakavukaren Schefer Pdf

This up-to-date and revised third edition offers a clear and comprehensive overview aimed at upper-level undergraduate and postgraduate courses on international investment law. Key features and benefits include: • concise descriptions of legal principles followed by classic and contemporary cases • extracts from and analysis of key recent decisions, revised investment treaty texts and new court system proposals • detailed discussion notes and all new ‘Questions to an Expert’ to enable classroom discussion and facilitate critical reflection.

International Investment Law and History

Author : Stephan W. Schill,Christian J. Tams,Rainer Hofmann
Publisher : Edward Elgar Publishing
Page : 400 pages
File Size : 51,5 Mb
Release : 2018
Category : Electronic
ISBN : 9781786439963

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International Investment Law and History by Stephan W. Schill,Christian J. Tams,Rainer Hofmann Pdf

Historiographical approaches in international investment law scholarship are becoming ever more important. This insightful book combines perspectives from a range of expert international law scholars who explore ways in which using a broad variety of methods in historical research can lead to a better understanding of international investment law.

Public Actors in International Investment Law

Author : Catharine Titi
Publisher : Springer Nature
Page : 205 pages
File Size : 44,8 Mb
Release : 2021
Category : Conflict management
ISBN : 9783030589165

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Public Actors in International Investment Law by Catharine Titi Pdf

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.

Regionalism in International Investment Law

Author : Leon Trakman,Nicola Ranieri
Publisher : Oxford University Press
Page : 555 pages
File Size : 41,6 Mb
Release : 2013-04-25
Category : Law
ISBN : 9780195389005

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Regionalism in International Investment Law by Leon Trakman,Nicola Ranieri Pdf

Regionalism in International Investment Law provides a multinational perspective on international investment law. In it, distinguished academics and practitioners provide a critical and comprehensive understanding of issues in a field which has grown exponentially in its importance particularly over the last decade, focusing on the European Union, Australia, North America, Asia, and China. The book approaches the field of foreign direct investment from both academic and practical viewpoints and analyzes different bilateral, regional, and multinational agreements, often yielding competing perspectives. The academic perspective yields a strong conceptual foundation to often misunderstood elements of international investment law, while the practical perspective aids those actively pursuing foreign direct investment in better understanding the landscape, identifying potential conflicts which may arise, in more accurately assessing the risk underlying the issues in conflict and in resolving those issues. Thorny issues relating to global commerce, sovereignty, regulation, expropriation, dispute resolution, and investor protections are covered, depicting how they have developed and are applied in different regions of the world. These different treatments ensure that readers are able grasp the subject matter at multiple levels and provide a comprehensive overview of developments in the field of foreign direct investment.