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Author : Junji Nakagawa
Publisher : Routledge
Page : 242 pages
File Size : 55,6 Mb
Release : 2013
Category : Business & Economics
ISBN : 9780415528733
First Published in 2013. Routledge is an imprint of Taylor & Francis, an informa company.
Author : Dimitrij Euler,Markus Gehring,Maxi Scherer,Meagan Wong,Rebecca Hadgett
Publisher : Cambridge University Press
Page : 413 pages
File Size : 55,5 Mb
Release : 2015-08-10
Category : Law
ISBN : 9781107077935
This in-depth commentary analyses the new UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration.
Author : Martín Molinuevo
Publisher : Kluwer Law International B.V.
Page : 336 pages
File Size : 48,8 Mb
Release : 2011-12-05
Category : Law
ISBN : 9789041142924
This is the first book to tackle investment law and trade law jointly, and to compare the principles, rules, and dispute-settlement mechanisms of investment agreements with the multilateral framework of the WTO/GATS. Among the many invaluable questions the book addresses are the following: What are the substantive rules that apply to investment in services under investment agreements and the GATS? How do these disciplines differ? Which offers the best protection for investors in services and do they affect the governments’ policymaking capacity? Who can gain access to investor-State arbitration and WTO dispute settlement? The in-depth analysis, supported by an extensive review of existent jurisprudence, provides a thorough explanation of treaty standards like most favoured nation, national treatment, fair and equitable treatment, domestic regulation, and transparency, as well as procedural rules on access to the dispute-settlement mechanisms and enforcement procedures.
Author : Steffen Hindelang,Markus Krajewski
Publisher : Oxford University Press
Page : 430 pages
File Size : 49,9 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 : Anonim
Publisher : Unctad Issues in International Investme
Page : 120 pages
File Size : 43,5 Mb
Release : 2012
Category : Law
ISBN : MINN:31951D03613954H
Section I of the book contains an explanation of the concept of transparency as it is understood in the context of international investment agreements. Section II provides a review of current treaty and arbitral practice with respect to transparency issues. Section III analyses the interaction of transparency obligations with other related issues. The final section of this paper contains a series of policy options available to IIA negotiators and those involved in revising arbitral rules. In this final section, the paper also briefly discusses the implications of those options for host State development considerations so as to assist with negotiator decision-making on whether or not to include transparency provisions in IIAs, and, if so, which formulation to insert into new agreements.
Author : Andrea Bianchi,Anne Peters
Publisher : Cambridge University Press
Page : 641 pages
File Size : 46,9 Mb
Release : 2013-11-07
Category : Law
ISBN : 9781107470248
While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.
Author : Yuwen Li,Tong Qi,Cheng Bian
Publisher : Routledge
Page : 206 pages
File Size : 52,5 Mb
Release : 2019-11-11
Category : Business & Economics
ISBN : 9781000704891
This book provides an original and critical analysis of the most contentious subjects being negotiated in the China–EU Comprehensive Agreement on Investment (CAI). It focuses on the pathway of reforming investor-state dispute settlement (ISDS) from both Chinese and European perspectives in the context of the China–EU CAI and beyond. The book is divided into three parts. Part I examines key and controversial issues of the China–EU CAI negotiations, including market access, sustainable development and human rights, as well as comparing distinct features between the China–EU CAI and the China–US BIT. Part II concentrates on the institutional reform of investor-state arbitration with an extensive analysis of the EU’s approach to replacing the private nature of investment arbitration with the public nature of an investment court. Part III addresses the core substantive and procedural issues concerning ISDS, such as the role of domestic courts in investment dispute settlement, the status of state-owned enterprises (SOEs) as investors, transparency and the protection of victims in investment dispute resolution. This book will be of interest to scholars and practitioners in the field of international investment and trade law, particularly investment dispute settlement.
Author : Marc Bungenberg,August Reinisch
Publisher : Springer Nature
Page : 222 pages
File Size : 46,5 Mb
Release : 2019-09-11
Category : Law
ISBN : 9783662597323
This open access book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The “feasibility study” presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.
Author : Thomas Cottier,Krista Nadakavukaren Schefer
Publisher : Unknown
Page : 0 pages
File Size : 55,5 Mb
Release : 2017
Category : Foreign trade regulation
ISBN : 1784713538
"Organized thematically rather than alphabetically, the subject is split into four principal sections: the foundations and architecture of international economic law, its principles, its main regulatory areas, and the future challenges that it faces. Comprising over 250 entries..., traditional international economic law subject matter is supplemented by coverage of newly developing areas. Thus, the concepts and rules of trade, investment, finance and international tax law are found alongside entries discussing the relationship of international economic law with environmental protection, social standards, development, and human rights."--
Author : Catharine Titi,Katia Fach Gomez
Publisher : Oxford University Press, USA
Page : 417 pages
File Size : 50,7 Mb
Release : 2019
Category : Law
ISBN : 9780198827955
Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.
Author : Marc Bungenberg,August Reinisch
Publisher : Springer
Page : 206 pages
File Size : 48,9 Mb
Release : 2018-10-22
Category : Law
ISBN : 9783030011895
This book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The “feasibility study” presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.
Author : Ana Ubilava
Publisher : BRILL
Page : 271 pages
File Size : 55,7 Mb
Release : 2022-11-21
Category : Business & Economics
ISBN : 9789004532540
Mediation as a Mandatory Pre-condition to Arbitration debunks common arguments against the compatibility of mandatory investor-state mediation with the ISDS regime. Ana Ubilava pioneers an empirical analysis of over 600 investor-state arbitration cases and a doctrinal study of ISDS clauses in dozens of treaties.
Author : Mariel Dimsey
Publisher : Eleven International Publishing
Page : 305 pages
File Size : 40,8 Mb
Release : 2008
Category : Arbitration and award, International
ISBN : 9789077596524
This work deals with the current state of investment dispute resolution and analyzes the problems associated with investor-state arbitration. The author examines developments in the existing legal framework and looks at the mechanisms under existing domestic and international systems - such as judicial review and class actions - to see if these can be applied to investment dispute resolution. The author concludes that the features of traditional arbitration are not flexible enough to meet the needs of this modern form of international dispute resolution. Investment arbitration is now entering a new phase of its development. The traditional, typically arbitration-related issues of consent, privity, and confidentiality are making room for the now more important questions of disclosure, transparency, legal certainty, and consistency. The author calls for setting up a "model procedure," specifically created for international investment disputes as this would enable the establishment of a "tailor-made" process for this ever-growing area of law.
Author : Marianna B. Karttunen
Publisher : Cambridge University Press
Page : 359 pages
File Size : 46,5 Mb
Release : 2020-04-23
Category : Business & Economics
ISBN : 9781108486453
Presents transparency as a key tool for managing trade disputes on regulatory barriers between WTO Members.
Author : United Nations Conference on Trade and Development
Publisher : United Nations Publications
Page : 128 pages
File Size : 49,6 Mb
Release : 2007
Category : Business & Economics
ISBN : UOM:39015069035858
The aim of this study is to take stock of and to analyse the major developments in the interpretation of procedural and substantive international investment agreement (IIA) provisions as contained in bilateral investment treaties and economic integration agreements with investment provisions. It addresses the implications of those developments for countries, emphasizing the particular needs of developing countries. It presents some conclusions and reflections on possible next steps that countries could take to implement the lessons learned from the investor-State dispute settlement experience.