Principles of International Investment Law

Author: Rudolf Dolzer,Christoph Schreuer

Publisher: OUP Oxford

ISBN: 0191632139

Category: Law

Page: 456

View: 5322

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 vs 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 or practitioners alike.
Posted in Law

Principles of International Investment Law

Author: Rudolf Dolzer (jurist),Christoph Schreuer

Publisher: Oxford University Press

ISBN: 0199651795

Category: Business & Economics

Page: 417

View: 7646

This book provides an ideal introduction to the fundamentals of international investment law and dispute settlement for students or practitioners. It combines a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals.
Posted in Business & Economics

Principles of International Investment Law

Author: Rudolf Dolzer,Christoph Schreuer

Publisher: OUP Oxford

ISBN: 0191021644

Category: Law

Page: 480

View: 1646

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. The book 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 State vs. State and Investor vs. 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 or practitioners new to the field.
Posted in Law

International Investment Law

Reconciling Policy and Principle

Author: Surya P. Subedi

Publisher: N.A

ISBN: 9781509903016

Category: Investments, Foreign (International law)

Page: 344

View: 4235

The third edition of this acclaimed textbook offers an up-to-date, scholarly overview of the law of foreign investment, incorporating a thorough and succinct 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 unduly restrict the right of host governments to implement their public policy, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country, on the other. Since the first edition was published a number of landmark decisions have been produced by various international investment tribunals, calling for an update in what is a fast growing and rapidly changing investment environment. In addition, scholars and other actors, both non-governmental and inter-governmental, have responded to the agenda set by the first edition of this book; thus the second edition also reflects on the work of some of these major actors in the field. This is perhaps the first book of its type authored by an international lawyer who has taught, researched and advised in both the developed and developing world over the past 25 years. The wealth of experience he brings to the task enables him to develop unique insights into the interplay between the law, economics and politics of foreign investment, making this book essential reading for students, scholars, practitioners and diplomats interested in the contemporary law of foreign investment. [Subject: Private Law, International Law, Trade Law]
Posted in Investments, Foreign (International law)

General Principles of Law and International Investment Arbitration

Author: Andrea Gattini,Attila Tanzi,Filippo Fontanelli

Publisher: BRILL

ISBN: 9004368388

Category: Law

Page: 476

View: 3932

In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration. The resulting picture is that of a lively source that escapes doctrinal straitjackets and maintains its relevance.
Posted in Law

The Multilateralization of International Investment Law

Author: Stephan W. Schill

Publisher: Cambridge University Press

ISBN: 0521762367

Category: Law

Page: 451

View: 7066

The book argues that international investment law is a structured body of law based on uniform principles of investment protection.
Posted in Law

The Foundations of International Investment Law

Bringing Theory Into Practice

Author: Zachary Douglas,Joost Pauwelyn,Jorge E. Viñuales

Publisher: Oxford University Press

ISBN: 019968538X

Category: Law

Page: 541

View: 9760

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.
Posted in Law

Human Rights in International Investment Law and Arbitration

Author: Pierre-Marie Dupuy,Francesco Francioni,Ernst-Ulrich Petersmann

Publisher: Oxford University Press

ISBN: 0199578184

Category: Law

Page: 597

View: 8238

There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.
Posted in Law

An Introduction to International Investment Law

Author: David Collins

Publisher: Cambridge University Press

ISBN: 1107160456

Category: Law

Page: 352

View: 1639

A clear and accessible introduction to one of the fastest growing and most highly debated spheres of international law.
Posted in Law

International Investment Law

Text, Cases and Materials, Second Edition

Author: Krista Nadakavukaren Schefer

Publisher: Edward Elgar Publishing

ISBN: 1785360086

Category: Law

Page: 704

View: 3738

This fully revised and updated edition of International Investment Law remains a complete and concise guide to the law of international investment protection and continues to approach the subject with an easy-to-follow, broad and balanced text. New to this edition: - updates to include numerous new cases - completely reworked sections on standards of treatment - new Q&A section to capture practitioner views. Key Features: • balance of cases and explanatory comment familiarises students with reading opinions and enables them to grasp the core concepts at stake • concise – suitable for one-semester course for non-specialists or as a first text for students who will take further specialised courses in the area • excerpts from the most influential arbitration decisions outline differing interpretations and ensure students don’t learn in a theoretical vacuum • questions throughout encourage readers to come to their own opinions.
Posted in Law

International Investment Law and Comparative Public Law

Author: Stephan W. Schill

Publisher: Oxford University Press

ISBN: 0199589100

Category: Law

Page: 836

View: 6395

Investment treaty arbitration has a hybrid nature combining public international law (as regards its substance) with elements of international commercial arbitration (mainly as regards procedure). However, in essence and function it deals with a special, internationalised form of judicial review of governmental conduct that is more akin to the judicial control of governmental action provided for by national administrative and constitutional law than to either classic inter-state dispute resolution or international commercial arbitration. This has been recognised in some academic writing and several awards, where reference to national administrative law concepts and principles of international law-based judicial review of governmental action, such as international trade or human rights law, is used to help specify and apply the open-ended concepts of investment treaties. In-depth conceptualization is however often lacking. The current study is the first, pioneering effort to bring these under-developed ad hoc references to comparative and international administrative law concepts into a deeper theoretic and systematic framework. The book thus intends to develop a 'bridge' between treaty-based international investment arbitration and comparative administrative law on both a theoretical and practical level. The major obligations in investment treaties (indirect expropriation, fair and equitable treatment, national treatment, umbrella/sanctity of contract clause) and major procedural principles will be compared with their counterpart in comparative public law, both on the domestic as well as international level. That 'bridge' will allow international investment law to benefit from the comparative public law experience, which could enhance its legitimacy, its political acceptance, and its ability to develop more finely-tuned interpretations of central treaty obligations.
Posted in Law

The Three Laws of International Investment

National, Contractual, and International Frameworks for Foreign Capital

Author: Jeswald W. Salacuse

Publisher: Oxford University Press

ISBN: 0199654565

Category: Business & Economics

Page: 440

View: 8932

There are three legal frameworks applicable to international investments: the laws of the host state and the investor's country, the contract between the host state and the investor, and the rules of international investment law. This book assesses how these three bodies of law interact in investment agreements and dispute arbitration.
Posted in Business & Economics

International Investment Law. The Sources of Rights and Obligations

Author: Tarcisio Gazzini,Eric De Brabandere

Publisher: Martinus Nijhoff Publishers

ISBN: 9004214305

Category: Law

Page: 337

View: 2591

Drawing on State practice, arbitral awards and national decisions, this book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction.
Posted in Law

International Investment Law and Arbitration

Author: Chin Leng Lim,Jean Ho,Martins Paparinskis

Publisher: Cambridge University Press

ISBN: 1107180333

Category: Law

Page: 566

View: 3389

This book covers substance and procedure, including key awards and materials with commentary on past, current and potential developments.
Posted in Law

China and International Investment Law

Twenty Years of ICSID Membership

Author: Wenhua Shan,Jinyuan Su

Publisher: Martinus Nijhoff Publishers

ISBN: 9004279636

Category: Business & Economics

Page: 450

View: 8589

The first volume in the Silk Road Studies in International Economic Law Series, China and International Investment Law: Twenty Years of ICSID Membership examines cutting-edge issues of international investment law and arbitration in interaction with China, the second largest economy of the world.
Posted in Business & Economics

International Investment Arbitration

Substantive Principles

Author: Campbell McLachlan,Laurence Shore,Matthew Weiniger

Publisher: Oxford University Press, USA

ISBN: 9780199676804

Category: Law

Page: 520

View: 1248

This is the long-awaited second edition of this widely-referenced work on the substantive law principles of investment treaty arbitration. It forms a detailed critical review of the substantive principles of international law applied by investment arbitration tribunals, and a clear and comprehensive description of the present state of the law. The first edition met with immediate success as a result of the authors' achievement in describing and analyzing the volume of law created, applied and analyzed by tribunals. The second edition is fully updated to take account of the arbitration awards rendered in the period since 2007. Written by an internationally recognized author team, it is now the most comprehensive and up to date work in its field and no practitioner or academic can afford to be without it. Key areas of coverage include: the instruments under which investment disputes arise; the legal basis of treaty arbitration; dispute resolution and parallel proceedings; who is a foreign investor, including nationality issues and foreign control; what is an investment; investors' substantive rights, including fair and equitable treatment; expropriation; compensation and remedies. Arbitration of overseas investment disputes is one of the fastest growing areas of international dispute resolution. The exponential growth of international investment in recent years has led to the signature of over two thousand Bilateral Investment Treaties (BITs) between foreign states, in addition to a wealth of multilateral treaties and other forms of concession agreements. The legal principles that have developed in this area are subject to intense debate, and are still in a state of flux. While tribunals routinely state that they are applying principles of public international law to determine disputes, many of the principles applied have only been developed recently in the context of investment treaty arbitrations, and tribunals are often guided more by the approaches taken by other tribunals, than by pre-existing doctrines of public international law. International Investment Arbitration: Substantive Principles is an important contribution to the collection and codification of the current state of practice in this field.
Posted in Law

The Interpretation of International Investment Law

Equality, Discrimination and Minimum Standards of Treatment in Historical Context

Author: Todd Weiler

Publisher: Martinus Nijhoff Publishers

ISBN: 9004232230

Category: Law

Page: 572

View: 2286

In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historiographical 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.
Posted in Law

The Oxford Handbook of International Investment Law

Author: Peter Muchlinski,Federico Ortino,Christoph Schreuer

Publisher: Oxford University Press on Demand

ISBN: 0199231389

Category: Law

Page: 1282

View: 2510

This work offers a comprehensive account of the current state and likely future developments of international investment law. Its broad range covers conceptual, substantive and procedural issues. Containing specially commissioned essays by leading experts in the field, this book will be of interest to both scholars and practitioners.
Posted in Law

The Origins of International Investment Law

Empire, Environment and the Safeguarding of Capital

Author: Kate Miles

Publisher: Cambridge University Press

ISBN: 1107039398

Category: Law

Page: 500

View: 4707

Examination of the origins of international investment law and their continued resonance in the twenty-first century.
Posted in Law

International Investment Law and the Environment

Author: Saverio Di Benedetto

Publisher: Edward Elgar Publishing

ISBN: 0857936654

Category: Law

Page: 264

View: 3808

This book is essential reading for academics of international investment law and related matters, with useful research material for both practitioners and policy-makers. Moreover, the innovative approach of this book makes it appropriate for adoption i
Posted in Law