Book Description
A new edition connecting extracts from arbitral decisions, treaties and scholarly works with concise, up-to-date and reliable commentary.
Author : C. L. Lim
Publisher : Cambridge University Press
Page : 687 pages
File Size : 16,11 MB
Release : 2021-03-11
Category : Law
ISBN : 1108842992
A new edition connecting extracts from arbitral decisions, treaties and scholarly works with concise, up-to-date and reliable commentary.
Author : Meg Kinnear
Publisher : Kluwer Law International B.V.
Page : 723 pages
File Size : 28,41 MB
Release : 2015-12-22
Category : Law
ISBN : 9041161414
This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by an expert on the chapter’s particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analyzing what the case held, how it has been applied, and its overall significance to the development of international investment law. These topics include: - applicable law; - res judicata in investor-State arbitration; - notion of investment; - investor nationality; - consent to arbitration; - substantive standards of treatment; - consequences of corruption in investor-State arbitration; - State defenses - counter-claims; - assessment of damages and cost considerations; - ICSID Arbitration Rule 41(5) objections; - mass claims, consolidation and parallel proceedings; - provisional measures; - arbitrator challenges; - transparency and amicus curiae; and - annulment. Because the law of international investment continues to grow in importance in an ever globalizing world, this book is more than a fitting way to mark the past fifty years and to welcome the next fifty years of development. It will prove both educational for practitioners new to the field and informative for seasoned investment lawyers. Moreover, the book itself is a landmark that will be of great value to professionals, scholars and students interested in international investment law.
Author : Yannick Radi
Publisher : Cambridge University Press
Page : 581 pages
File Size : 40,8 MB
Release : 2020-10-29
Category : Law
ISBN : 1107102103
Offers the most comprehensive, detailed and up-to-date analysis of international investment law and arbitration compared to its competitors.
Author : G. Matteo Vaccaro-Incisa
Publisher : BRILL
Page : 437 pages
File Size : 15,28 MB
Release : 2021-04-26
Category : Law
ISBN : 9004443932
With his comparative and analytical review of China's treaty policy and practice in international investment law, Vaccaro-Incisa draws the most detailed, comprehensive, effective, and objective work ever published on this subject.
Author : Michael Waibel
Publisher : Kluwer Law International B.V.
Page : 674 pages
File Size : 17,34 MB
Release : 2010-01-01
Category : Law
ISBN : 9041132023
"This book, the outgrowth of a conference organized by the editors at Harvard Law School on April 19, 2008, aims to uncover the drivers behind the backlash against the current international investment regime."--Library of Congress Online Calalog.
Author : Rudolf Dolzer
Publisher : Oxford University Press
Page : 582 pages
File Size : 30,88 MB
Release : 2022-01-13
Category : Law
ISBN : 019267241X
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-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, scholars, and practitioners alike.
Author : Valentina Vadi
Publisher : Cambridge University Press
Page : 319 pages
File Size : 28,43 MB
Release : 2016
Category : Law
ISBN : 1107093317
In recent years, concerns have arisen in investor-state arbitration with regard to the magnitude of the decision-making power allocated to investment treaty tribunals. This book explores whether the use of analogies can improve the functioning of such arbitration, and how such analogies might be drawn.
Author : Julien Chaisse
Publisher : BRILL
Page : 725 pages
File Size : 13,72 MB
Release : 2017-12-18
Category : Law
ISBN : 9004360107
International Investment Treaties and Arbitration Across Asia brings together leading academics and practitioners to examine whether and how the Asian region has or may become a significant ‘rule maker’ in contemporary international investment law and dispute resolution. The editors introduce FDI trends and regulations, investment treaties and arbitration across Asia. Authors add country studies for the ten member states of the Association of Southeast Asian Nations as well as an overview of ASEAN treaties, or examine other potential ‘middle powers’ (Korea, Australia and New Zealand collectively) and the emerging ‘big players’ (China, Japan and India). Two early chapters present econometric studies of treaty impact on FDI flows, in aggregate as well as for Thailand, while two concluding chapters offer other normative and forward-looking perspectives.
Author : Valentina Vadi
Publisher : Routledge
Page : 250 pages
File Size : 30,2 MB
Release : 2013
Category : Business & Economics
ISBN : 0415507499
As a wide variety of state regulations allegedly aimed at protecting public health may interfere with foreign investments, a tension exists between the public health policies of the host state and investment treaty provisions. Under most investment treaties, States have waived their sovereign immunity, and have agreed to give arbitrators a comprehensive jurisdiction over what are essentially regulatory disputes. Some scholars and practitioners have expressed concern regarding the magnitude of decision-making power allocated to investment treaty tribunals. This book contributes to the current understanding of international investment law and arbitration, addressing the fundamental question of whether public health has and/or should have any relevance in contemporary international investment law and policy.
Author : Valentina Vadi
Publisher : Cambridge University Press
Page : 379 pages
File Size : 50,13 MB
Release : 2014-03-13
Category : Law
ISBN : 1107038480
Valentina Vadi assesses whether cultural heritage has and/or should have any relevance in international investment law and policy.