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Author : Andreas Hans Roth
Publisher : Unknown
Page : 200 pages
File Size : 53,7 Mb
Release : 1949
Category : Aliens
ISBN : STANFORD:36105120821397
Author : Martins Paparinskis
Publisher : Oxford University Press
Page : 318 pages
File Size : 51,5 Mb
Release : 2013-01-31
Category : Business & Economics
ISBN : 9780199694501
Investment protection treaties generally include, in one form or another, the obligation to treat investments fairly and equitably. This book examines the relationship between this obligation and the minimum standard that can be found in customary international law, tracing the history of both concepts, their differences and similarities.
Author : Patrick Dumberry
Publisher : BRILL
Page : 88 pages
File Size : 51,5 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 : David Moya,Georgios Milios
Publisher : BRILL
Page : 306 pages
File Size : 46,8 Mb
Release : 2021-07-05
Category : Law
ISBN : 9789004465695
This volume conducts an in-depth analysis of the ECtHR’s case law in the area of migration and asylum as regards the most relevant rights of the ECHR, exploring the role of this court in this area of law.
Author : William Marion Gibson
Publisher : Unknown
Page : 238 pages
File Size : 48,5 Mb
Release : 1940
Category : Aliens
ISBN : UCAL:$B590697
International customary law prescribes a minimum standard of treatment with which all nations must accord--aliens are entitled to "life, liberty, and property" while resident outside their own country. Based on a first-hand examination of original sources, this survey shows that, while the United States has carefully maintained its sovereign right to control and limit the immigration of aliens, it has been very generous to those within its gates. Originally published in 1940. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Author : Richard B. Lillich
Publisher : Manchester University Press
Page : 200 pages
File Size : 42,9 Mb
Release : 1984
Category : Aliens
ISBN : 0719009146
Parts of this volume were originally delivered as the Melland Schill lectures at the University of Manchester, Nov. 19-20, 1981.
Author : United Nations Conference on Trade and Development
Publisher : Unknown
Page : 0 pages
File Size : 47,7 Mb
Release : 2012
Category : Discrimination
ISBN : 9211128277
"In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher.
Author : Jan Paulsson
Publisher : Cambridge University Press
Page : 307 pages
File Size : 53,6 Mb
Release : 2005-10-06
Category : Law
ISBN : 9781139448284
Denial of justice is one of the oldest bases of liability in international law and the modern understanding of denial of justice is examined by Paulsson in this book, which was originally published in 2005. The possibilities for prosecuting the offence of denial of justice have evolved in fundamental ways and it is now settled law that States cannot disavow international responsibility by arguing that their courts are independent of the government. Even more importantly, the doors of international tribunals have swung wide open to admit claimants other than states: non-governmental organisations, corporations and individuals, and Paulsson examines several recent cases of great importance in his book.
Author : Todd Weiler
Publisher : Martinus Nijhoff Publishers
Page : 572 pages
File Size : 42,9 Mb
Release : 2013-05-02
Category : Business & Economics
ISBN : 9789004232235
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.
Author : OECD
Publisher : OECD Publishing
Page : 166 pages
File Size : 53,6 Mb
Release : 2005-09-06
Category : Electronic
ISBN : 9789264011656
Presents four studies on international investment law: one on transparency, one on the fair and equitable treatment standard, one on indirect expropriation and the right to regulate, and one on most favoured nation treatment.
Author : Richard B. Lillich
Publisher : University of Virginia Press
Page : 440 pages
File Size : 41,8 Mb
Release : 1983
Category : Law
ISBN : STANFORD:36105043801229
Author : Andrew Paul Newcombe,Lluís Paradell
Publisher : Kluwer Law International B.V.
Page : 644 pages
File Size : 43,9 Mb
Release : 2009-01-01
Category : Political Science
ISBN : 9789041123510
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.
Author : Catharine Titi
Publisher : Oxford University Press
Page : 224 pages
File Size : 55,5 Mb
Release : 2021-06-11
Category : Law
ISBN : 9780192638274
This book provides a systematic and comprehensive study of the legal concept of equity as it operates in contemporary international law. A principle with a long pedigree, equity has been present in legal thought and in municipal legal systems since antiquity. Introduced in international legal decisions through claims commissions and arbitral tribunals, equity became progressively part and parcel of the international law mainstream. From international cultural heritage law to the law on climate change, from maritime boundary delimitations to decisions on security for costs in investment arbitration, the relevance of equity is more far-reaching than has previously been acknowledged. In contrast with earlier studies on the topic, this book is informed by a body of judicial and arbitral case law that has never been so substantial and varied. It also draws extensively on the prolific case law of investment tribunals, gaining insights from a valuable source that is typically overlooked in public international law scholarship. As the importance of international law increases, covering continuously new domains, the value of equity increases with it. It is this new equity in the international law of the 21st century that this book explores.
Author : Arnaud de Nanteuil
Publisher : Edward Elgar Publishing
Page : 408 pages
File Size : 46,5 Mb
Release : 2020-02-28
Category : Law
ISBN : 9781788975896
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.
Author : Borzu Sabahi,Ian A. Laird,Giovanna E. Gismondi
Publisher : BRILL
Page : 70 pages
File Size : 51,5 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.