Author : Park, Tae J.
Publisher : Edward Elgar Publishing
Page : 192 pages
File Size : 46,40 MB
Release : 2022-03-15
Category : Law
ISBN : 1802202439
This timely book is a comprehensive analysis of incomplete International Investment Agreements (IIAs), featuring insights from negotiating experiences in a number of bilateral and multilateral investment treaties. It examines problems, causes, and solutions surrounding this phenomenon by employing incomplete contract theory, and opens new avenues in discussing how to correct incomplete IIAs.
Author : Tae J. Park
Publisher : Edward Elgar Publishing
Page : 192 pages
File Size : 32,78 MB
Release : 2022-03-28
Category :
ISBN : 9781802202427
This timely book is a comprehensive analysis of incomplete International Investment Agreements (IIAs), featuring insights from negotiating experiences in a number of bilateral and multilateral investment treaties. It examines problems, causes, and solutions surrounding this phenomenon by employing incomplete contract theory and opens new avenues in discussing how to correct incomplete IIAs. Throughout the book, the author challenges the fundamental assumption that most IIAs are concluded in a complete manner and emphasizes the importance of accounting for the fact that IIAs are often concluded without significant investment protection articles and are subject to renegotiation. Park applies various interdisciplinary approaches, including incomplete contract theory and development theory, to illustrate how countries easily postpone their treaty negotiations and are willing to renegotiate to remedy incomplete IIAs. Furthermore, he depicts the reality of treaty negotiation in recent years, helping readers to understand how countries are failing to negotiate complete IIAs and how utilizing an economics approach could analyse and resolve this issue. Offering a useful and practical contribution to the discussion on the resolution of incomplete IIAs, this book will be key reading for academics and researchers within the fields of commercial law, international economic law, trade law and international investment law. It is also a must-read book for both government officers and investment treaty lawyers in all countries involved with Free Trade Agreements.
Author : Kenneth J. Vandevelde
Publisher : Oxford University Press
Page : 909 pages
File Size : 42,30 MB
Release : 2009
Category : Business & Economics
ISBN : 0195371372
U.S. International Investment Agreements is the definitive interpretative guide to the United States' bilateral investment treaties (BITs) and free trade agreements (FTAs) with investment chapters. Providing an authoritative look at the development of the BIT program, treatment provisions, expropriation, and other provisions, Kenneth J. Vandevelde draws on his years of investment treaty and agreement expertise as both a former practitioner and a scholar. This unique and well-organized book analyzes the development of U.S. international investment agreement language and strategy within their historical context. It also explains the newest changes to the model negotiating text (US Model BIT 2004) and additional treaties.
Author : Tae Jung Park
Publisher :
Page : 402 pages
File Size : 47,24 MB
Release : 2019
Category : Investments, Foreign
ISBN :
Author : Tarcisio Gazzini
Publisher : Bloomsbury Publishing
Page : 423 pages
File Size : 13,25 MB
Release : 2016-11-03
Category : Law
ISBN : 1782255664
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?
Author : Jeswald W. Salacuse
Publisher : OUP Oxford
Page : 560 pages
File Size : 41,43 MB
Release : 2010-01-07
Category : Law
ISBN : 0199206058
Investment treaties grant protection to foreign investors and are increasingly important in planning, executing and managing international investments. This book explains the nature, history, and significance of investment treaties and their impact on international investors and investments, and governments that are parties to them.
Author : Jose E. Alvarez
Publisher :
Page : 307 pages
File Size : 32,78 MB
Release : 2011-06-09
Category : Law
ISBN : 019979362X
Papers from the second Columbia International Investment Conference, held Oct. 30-31, 2007, at Columbia University--Acknowledgements.
Author : M. Sornarajah
Publisher : Cambridge University Press
Page : 473 pages
File Size : 27,26 MB
Release : 2015-04-16
Category : Law
ISBN : 1316300552
Since the 1990s, conflicts within international law on foreign investment have arisen as a result of several competing interests. The neoliberal philosophy ensured inflexible investment protection given by a network of investment treaties interpreted in an expansive manner, which led to states creating regulatory space over foreign investment. However, NGOs committed to single causes such as human rights and the environment protested against inflexible investment protection. The rise to prominence of arguments against the fragmentation of international law also affected the development of investment law as an autonomous regime. These factors have resulted in some states renouncing the system of arbitration and other states creating new treaties which undermine inflexible investment protection. The treaty-based system of investment protection has therefore become tenuous, and change has become inevitable. Emphasising the changes resulting from resistance to a system based on neoliberal foundations, this study looks at recent developments in the area.
Author : Arnaud de Nanteuil
Publisher : Edward Elgar Publishing
Page : 408 pages
File Size : 11,78 MB
Release : 2020-02-28
Category : Law
ISBN : 1788975898
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 : Andreas Kulick
Publisher : Cambridge University Press
Page : 411 pages
File Size : 36,56 MB
Release : 2017
Category : Business & Economics
ISBN : 1107172659
This book identifies a paradigm shift in international investment law and enquires into how states reassert control over investment treaties.
