The Law Of Investment Treaties

The Law Of Investment Treaties 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 The Law Of Investment Treaties book. This book definitely worth reading, it is an incredibly well-written.

The Law of Investment Treaties

Jeswald W. Salacuse
The Law of Investment Treaties Book PDF

Author : Jeswald W. Salacuse
Publisher : Oxford University Press
Page : 640 pages
File Size : 44,7 Mb
Release : 2021-02-18
Category : Law
ISBN : 9780192591524

Get Book

The Law of Investment Treaties by Jeswald W. Salacuse Pdf

Investment treaties grant special international protection to foreign investors, and give them a means to enforce those rights against States in which they have invested. This book systematically examines the law of international investment treaties, particularly with respect to its origins, structure, content, and effects. Although the precise provisions of investment treaties are not uniform, virtually all investment treaties address the same issues. This book examines those issues in detail, including the scope of application, conditions for the entry of foreign investment, and general standards of treatment of foreign investments. Investment treaty law has continued to evolve rapidly and dramatically since publication of the second edition of this work in 2015. The field has seen considerable growth in the number and scope of investment treaties, now estimated at 3300, and investor-state arbitrations cases, which reached over 1000 in 2020. The field has also experienced significant changes and reforms. In 2018, eleven Pacific Basin Countries, despite the withdrawal of the United States, forged ahead to conclude the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTTP), a potentially far reaching regional trade and investment agreement. The next year, the three north American nations replaced the North American Free Trade Agreement (NAFTA) with the United States-Mexico-Canada Agreement (USMCA). And in 2020, European Union member states terminated over 100 intra-EU BITs, leaving intra-EU investors to rely on EU law and legal processes alone for protection from unfavourable government acts. This edition of The Law of Investment Treaties incorporates a consideration of all of these and other reforms into its analysis of the body of law created by investment treaties since World War II.

The Effect of Treaties on Foreign Direct Investment

Karl P Sauvant,Lisa E Sachs
The Effect of Treaties on Foreign Direct Investment Book PDF

Author : Karl P Sauvant,Lisa E Sachs
Publisher : Oxford University Press
Page : 800 pages
File Size : 53,6 Mb
Release : 2009-03-27
Category : Law
ISBN : 9780199745180

Get Book

The Effect of Treaties on Foreign Direct Investment by Karl P Sauvant,Lisa E Sachs Pdf

Over the past twenty years, foreign direct investments have spurred widespread liberalization of the foreign direct investment (FDI) regulatory framework. By opening up to foreign investors and encouraging FDI, which could result in increased capital and market access, many countries have improved the operational conditions for foreign affiliates and strengthened standards of treatment and protection. By assuring investors that their investment will be legally protected with closed bilateral investment treaties (BITs) and double taxation treaties (DTTs), this in turn creates greater interest in FDI.

Law and Practice of Investment Treaties

Andrew Paul Newcombe,Lluís Paradell
Law and Practice of Investment Treaties Book PDF

Author : Andrew Paul Newcombe,Lluís Paradell
Publisher : Kluwer Law International B.V.
Page : 644 pages
File Size : 43,5 Mb
Release : 2009-01-01
Category : Political Science
ISBN : 9789041123510

Get Book

Law and Practice of Investment Treaties by Andrew Paul Newcombe,Lluís Paradell Pdf

The book focuses on the substantive protections accorded to investors and investments and on the variations among jurisdictions. Among the many specific issues and topics that arise in the course of the discussion are the following: - problems of transparency and conflict of interest; - the recent growth in IIAs between and among developing nations; - the effect of new model bilateral investment treaties (BITs); - the ability of non-disputing parties to participate in investor-state arbitration; - theories of the interaction of foreign direct investment (FDI) and BITs; - investor-state arbitration as an evasion of public regulatory authority; - the role of investment funds in international investment; - 'fork in the road' provisions; and - institutional versus ad hoc arbitration. International business and other investors will greatly appreciate the in-depth information and insightful guidance in this solidly useful book. It will also be welcomed by jurists and students as a significant milestone in the development of principles in a quickly growing field of practice that is still plagued with inconsistencies.

The First Bilateral Investment Treaties

Kenneth J. Vandevelde
The First Bilateral Investment Treaties Book PDF

Author : Kenneth J. Vandevelde
Publisher : Oxford University Press
Page : 593 pages
File Size : 44,7 Mb
Release : 2017
Category : Law
ISBN : 9780190679576

Get Book

The First Bilateral Investment Treaties by Kenneth J. Vandevelde Pdf

The First Bilateral Investment Treaties is the first and only history of the U.S. postwar Friendship, Commerce, and Navigation (FCN) treaty program, and focuses on the investment-related provisions of those treaties. The 22 U.S. postwar FCN treaties were the first bilateral investment treaties ever concluded, and nearly all of the core provisions in the modern network of more than 3000 international investment agreements worldwide trace their origin to these FCN treaties. This book explains the original understanding of the language of this vast network of agreements which have been and continue to be the subject of hundreds of international arbitrations and billions of dollars in claims. It is based on a review of some 32,000 pages of negotiating history housed in the National Archives. This book demonstrates that the investment provisions were founded on the New Deal liberalism of the Roosevelt-Truman administrations and were intended to acquire for U.S. companies investing abroad the same protections that foreign investors already received in the United States under the U.S. Constitution. It chronicles the failed U.S. attempt to obtain protection for investment through the proposed International Trade Organization (ITO), providing the first and only history of the investment-related provisions in the ITO Charter. It then shows how the FCN treaties, which dated back to 1776 and originally concerned with establishing trade and maritime relations, were re-conceptualized as investment treaties to provide investment protection bilaterally. This book is also a work of diplomatic history, offering an account of the negotiating history of each of the 22 treaties and describing U.S. negotiating policy and strategy.

Investment Treaties and the Legal Imagination

Nicolás M. Perrone
Investment Treaties and the Legal Imagination Book PDF

Author : Nicolás M. Perrone
Publisher : Oxford University Press, USA
Page : 273 pages
File Size : 51,8 Mb
Release : 2021-02-11
Category : Law
ISBN : 9780198862147

Get Book

Investment Treaties and the Legal Imagination by Nicolás M. Perrone Pdf

This book brings a new perspective to the subject of international investment law, by tracing the origins of foreign investor rights. It shows how a group of business leaders, bankers, and lawyers in the mid-twentieth century paved the way for our current system of foreign investment relations, and the investor-state dispute settlement mechanism.

The International Law of Investment Claims

Zachary Douglas
The International Law of Investment Claims Book PDF

Author : Zachary Douglas
Publisher : Cambridge University Press
Page : 685 pages
File Size : 42,8 Mb
Release : 2009-06-11
Category : Business & Economics
ISBN : 9780521855679

Get Book

The International Law of Investment Claims by Zachary Douglas Pdf

This book is a codification of the principles and rules relating to the prosecution of investment claims.

Improving International Investment Agreements

Armand De Mestral,Céline Lévesque
Improving International Investment Agreements Book PDF

Author : Armand De Mestral,Céline Lévesque
Publisher : Routledge
Page : 442 pages
File Size : 43,5 Mb
Release : 2013-02-11
Category : Law
ISBN : 9781136260704

Get Book

Improving International Investment Agreements by Armand De Mestral,Céline Lévesque Pdf

This book presents the reflections of a group of researchers interested in assessing whether the law governing the promotion and protection of foreign investment reflects sound public policy. Whether it is the lack of "checks and balances" on investor rights or more broadly the lack of balance between public rights and private interests, the time is ripe for an in-depth discussions of current challenges facing the international investment law regime. Through a survey of the evolution in IIA treaty-making and an evaluation from different perspectives, the authors take stock of developments in international investment law and analyze potential solutions to some of the criticisms that plague IIAs. The book takes a multidisciplinary approach to the subject, with expert analysis from legal, political and economic scholars. The first part of the book traces the evolution of IIA treaty-making whilst the other three parts are organised around the concepts of efficiency, legitimacy and sustainability. Each contributor analyzes one or more issues related to substance, treaty negotiation, or dispute resolution, with the ultimate aim of improving IIA treaty-making in these respects. Improving International Investment Agreements will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

International Investment Law

Tarcisio Gazzini,Eric De Brabandere
International Investment Law Book PDF

Author : Tarcisio Gazzini,Eric De Brabandere
Publisher : Martinus Nijhoff Publishers
Page : 363 pages
File Size : 45,9 Mb
Release : 2012-08-22
Category : Law
ISBN : 9789004214538

Get Book

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 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 : 47,9 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.

Investment Treaties and the Legal Imagination

Nicolás M. Perrone
Investment Treaties and the Legal Imagination Book PDF

Author : Nicolás M. Perrone
Publisher : Oxford University Press
Page : 256 pages
File Size : 47,6 Mb
Release : 2021-01-14
Category : Law
ISBN : 9780192606747

Get Book

Investment Treaties and the Legal Imagination by Nicolás M. Perrone Pdf

Foreign investors have a privileged position under investment treaties. They enjoy strong rights, have no obligations, and can rely on a highly efficient enforcement mechanism: investor-state dispute settlement (ISDS). Unsurprisingly, this extraordinary status has made international investment law one of the most controversial areas of the global economic order. This book sheds new light on the topic, by showing that foreign investor rights are not the result of unpredicted arbitral interpretations, but rather the outcome of a world-making project realized by a coalition of business leaders, bankers, and their lawyers in the 1950s and 1960s. Some initiatives that these figures planned for did not emerge, such as a multilateral investment convention, but they were successful in developing a legal imagination that gradually occupied the space of international investment law. They sought not only to set up a dispute settlement mechanism but also to create a platform to ground their vision of foreign investment relations. Tracing their normative project from the post-World War II period, this book shows that the legal imagination of these business leaders, bankers, and lawyers is remarkably similar to present ISDS practice. Common to both is what they protect, such as foreign investors' legitimate expectations, as well as what they silence or make invisible. Ultimate, this book argues that our canon of imagination, of adjustment and potential reform, remains closely associated with this world-making project of the 1950s and 1960s.

The Public International Law Regime Governing International Investment

José E. Alvarez
The Public International Law Regime Governing International Investment Book PDF

Author : José E. Alvarez
Publisher : Martinus Nijhoff Publishers
Page : 505 pages
File Size : 50,5 Mb
Release : 2011-07-20
Category : Law
ISBN : 9789004186828

Get Book

The Public International Law Regime Governing International Investment by José E. Alvarez Pdf

This monograph considers the ramifications of the legal regime that governs transborder capital flows. This regime consists principally of a network of some 3,000 investment treaties, as well as a growing body of arbitral decisions. Professor Alvarez contends that the contemporary international investment regime should no longer be described as a species of territorial “empire” imposed by rich capital exporters on capital importers. He examines the evolution of investment treaties and investor-State jurisprudence constante and identifies the connections between these and general trends within public international law, including the increased resort to treaties (“treatification”), growing risks to the law’s consistency (“fragmentation”), and the proliferation of forms of international adjudication (“judicialization”). Professor Alvarez also considers whether the regime’s efforts to “balance” the needs of non-State investors and sovereigns ought to be characterized as “global administrative law”, as a form of “constitutionalization”, or as an increasingly human-rights-centred enterprise.

International Investment Law and the Right to Regulate

Lone Wandahl Mouyal
International Investment Law and the Right to Regulate Book PDF

Author : Lone Wandahl Mouyal
Publisher : Routledge
Page : 289 pages
File Size : 49,8 Mb
Release : 2016-03-10
Category : Business & Economics
ISBN : 9781317408017

Get Book

International Investment Law and the Right to Regulate by Lone Wandahl Mouyal Pdf

The book considers the ways in which the international investment law regime intersects with the human rights regime, and the potential for clashes between the two legal orders. Within the human rights regime states may be obligated to regulate, including a duty to adopt regulation aiming at improving social standards and conditions of living for their population. Yet, states are increasingly confronted with the consequences of such regulation in investment disputes, where investors seek to challenge regulatory interferences for example in expropriation claims. Regulatory measures may for instance interfere with the investment by imposing conditions on investors or negatively affecting the value of the investment. As a consequence, investors increasingly seek to challenge regulatory measures in international investment arbitration on the basis of a bilateral investment treaty. This book sets out the nature and the scope of the right to regulate in current international investment law. The book examines bilateral investment treaties and ICSID arbitrations looking at the indicative parameters that are granted weight in practice in expropriation claims delimiting compensable from non-compensable regulation. The book places the potential clash between the right to regulate and international investment law within a theoretical framework which describes the stability-flexibility dilemma currently inherent within international law. Lone Wandahl Mouyal goes on to set out methods which could be employed by both BIT-negotiators and adjudicators of investment disputes, allowing states to exercise their right to regulate while at the same time providing investors with legal certainty. The book serves as a valuable tool, an added perspective, for academics as well as for practitioners dealing with aspects of international investment law.

Investment Treaty Law

British Institute of International and Comparative Law
Investment Treaty Law Book PDF

Author : British Institute of International and Comparative Law
Publisher : BIICL
Page : 356 pages
File Size : 53,8 Mb
Release : 2009
Category : Business & Economics
ISBN : 1905221126

Get Book

Investment Treaty Law by British Institute of International and Comparative Law Pdf

The Investment Treaty Forum of the British Institute of International and Comparative Law brings together eminent practitioners, arbitrators, and academics in the dynamic area of international investment law. Members of the Forum, under the British Institute's auspices, examine and debate the legal and policy issues presented by the increasingly complex web of investment treaties and the disputes that arise under them. The Forum held two conferences in 2007. This present volume compiles the papers presented at the conferences, as well as a transcript of the round-table discussion on the subject of 'precedent' in international investment. Part I of the book is devoted to remedies, compensation, and valuation in international investment disputes. This under-theorized area of law is ripe for further exploration by lawyers and economists, and the papers in this volume present a framework for further inquiry. Part II addresses the jurisprudence emerging from investment arbitration tribunals on issues such as fair and equitable treatment, 'umbrella' clauses, and nationality of claimants. The overarching question addressed by the papers, and by the concluding roundtable, is the relationship of those decisions with general international law and whether or not there is, or should be, a doctrine of precedent in investment treaty arbitration.

The Foundations of International Investment Law

Zachary Douglas,Joost Pauwelyn,Jorge E. Viñuales
The Foundations of International Investment Law Book PDF

Author : Zachary Douglas,Joost Pauwelyn,Jorge E. Viñuales
Publisher : OUP Oxford
Page : 586 pages
File Size : 50,9 Mb
Release : 2014-05-01
Category : Law
ISBN : 9780191508585

Get Book

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

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.

Shifting Paradigms in International Investment Law

Steffen Hindelang,Markus Krajewski
Shifting Paradigms in International Investment Law Book PDF

Author : Steffen Hindelang,Markus Krajewski
Publisher : Oxford University Press
Page : 430 pages
File Size : 41,8 Mb
Release : 2016-01-21
Category : Law
ISBN : 9780191058295

Get Book

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

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.