Author : Stephan W. Schill
Publisher : Edward Elgar Publishing
Page : 393 pages
File Size : 37,1 MB
Release : 2022-11-25
Category : Law
ISBN : 1839100427
This book develops a conceptual framework that captures not only the tensions between constitutional values that are common to liberal democracies – human rights, democracy, and the rule of law – and the investment treaty regime, but also the potential for co-existence and complementarity.
Author : Roland Kläger
Publisher : Cambridge University Press
Page : 411 pages
File Size : 29,92 MB
Release : 2011-06-23
Category : Law
ISBN : 0521197716
This book looks at fair and equitable treatment as a key standard of international investment law.
Author : Stephan W. Schill
Publisher : Edward Elgar Publishing
Page : 397 pages
File Size : 37,78 MB
Release : 2018-02-23
Category : Law
ISBN : 1786439964
Historiographical approaches in international investment law scholarship are becoming ever more important. This insightful book combines perspectives from a range of expert international law scholars who explore ways in which using a broad variety of methods in historical research can lead to a better understanding of international investment law.
Author : Andreas Kulick
Publisher : Cambridge University Press
Page : 412 pages
File Size : 32,42 MB
Release : 2012-07-12
Category : Law
ISBN : 1139510886
The strengths of international investment law - above all, a strong focus on investor interests and an effective adjudication and enforcement system - also entail its weaknesses: it runs the danger of impeding or even sanctioning the host states' legitimate regulatory interests and ignoring other fields of public international law. How does it cope with public interest concerns such as human rights, the environment or the fight against corruption? At the heart of this book lies a fresh approach towards a general theory of such global public interest considerations in the investment realm. Delineating how and why those considerations matter, and why the current system does not accommodate them properly, Andreas Kulick fleshes out general principles and customary international law as defences the host state may raise against alleged investor rights infringements and promotes proportionality as the appropriate balancing mechanism.
Author : Charles Leben
Publisher : Bloomsbury Publishing
Page : 346 pages
File Size : 14,64 MB
Release : 2010-10-15
Category : Law
ISBN : 1847316034
Any talk of the advancement of international law presupposes that two objections are met. The first is the 'realist' objection which, observing the state of international relations today, claims that when it comes down to the important things in international life-war and peace, and more generally power politics among states-no real advancement has been made: international society remains a society of sovereign states deciding matters with regard solely to their own best interests and with international law all too often being no more than a thin cloak cast over the precept that 'might is right'. Against this excessive scepticism stands excessive optimism: international law is supposedly making giant strides forward thanks especially to the tremendous mass of soft law generated by international organisations over the past sixty years and more. By incautiously mixing all manner of customs, treaties, resolutions and recommendations, a picture of international law is painted that has little to do with the 'real world'. This book is arranged into three sections. The first purports to show from the specific example of international investment law that the past half-century has seen the invention of two genuinely new techniques in positive law: state contracts and transnational arbitration without privity. This is 'advancement' in international law not because the techniques are 'good' in themselves (one may well think them 'bad') but because they have introduced legal possibilities into international law that did not exist heretofore. The second section examines the theoretical consequences of those new legal techniques and especially the way they affect the theory of the state. The third widens the field of view and asks whether European law has surpassed international law in a move towards federalism or whether it represents a step forward for international law. These reflections make for a clearer theoretical understanding of what constitutes true advancement in international law. Such an understanding should give pause both to those who argue that hardly any progress has been made, and to those who are overly fanciful about progress.
Author : Giacinto della Cananea
Publisher : Oxford University Press
Page : 382 pages
File Size : 28,16 MB
Release : 2016-09-22
Category : Law
ISBN : 0191092622
Traditionally the issues concerning the exercise of administrative powers by public authorities were considered a type of national enclave. It was the responsibility of the state to ensure that adequate procedural safeguards were in place to prevent the government from interfering with the rights of its citizens. During the last few decades, however, a variety of sets of rules regarding procedural due process has developed to govern the conduct of those public authorities who operate on a regional or world regulatory footing, such as the European Union and the World Trade Organization. Analysing the procedural due process requirements applicable to administrative procedure beyond the borders of the States, this volume demonstrates how regional and global regulatory regimes impose requirements that are strikingly similar to those set out by the most developed legal systems of the world. The book argues that such requirements of administrative procedure are justified not only by the traditional concerns for the protection of individual interests against the misuse of power by public authorities, but also by other values, such as good governance and cooperation between public authorities. Finally, the book conceptualizes such rules as legal requirements which arbitral tribunals and other agencies should respect when interpreting standards of justice.
Author : Stephan W. Schill
Publisher : Cambridge University Press
Page : 491 pages
File Size : 34,17 MB
Release : 2009-08-20
Category : Law
ISBN : 0521762367
The book argues that international investment law is a structured body of law based on uniform principles of investment protection.
Author : Tomoko Ishikawa
Publisher : Cambridge University Press
Page : 343 pages
File Size : 50,50 MB
Release : 2022-12-08
Category : Law
ISBN : 1009084534
This book explores the potential of the current investor-state dispute settlement (ISDS) mechanism to materialise the responsibility of foreign investors through the states' counterclaims and defences at the jurisdictional, merits, and quantum phases. In doing so, it seeks to incorporate the recent developments of ISDS in both international and domestic laws of certain jurisdictions on corporate responsibility, including the parent company's due diligence and legal effects of corporations' voluntary commitments. The book also reflects the interests and perspectives of the victims who suffered loss and injury due to investors' conduct. The author demonstrates that the current system does have the inherent potential to advance responsible investment, even though reforms are needed to overcome its limitations. Fully utilising this potential to reflect investor responsibility in IIA-based dispute settlement mechanisms will help to develop practices based on greater due diligence and responsible business conduct.
Author : Andrew D. Mitchell
Publisher : Edward Elgar Publishing
Page : 192 pages
File Size : 39,5 MB
Release : 2016-12-30
Category : Business & Economics
ISBN : 1785368095
Central to this book is an analysis of the obligation upon states to ensure non-discrimination in the form of adherence to the principles of national treatment and most-favoured nation treatment. These are critical principles for both international trade law and international investment law, yet the case-law in both fields reveals significant inconsistencies regarding key elements of non-discrimination. Tribunals have invoked ‘regulatory purpose’ to assist in identifying relevant discrimination, but have done so without offering a definition of regulatory purpose and in significantly differing ways. This book explains these inconsistencies and offers a new definition of regulatory purpose.
Author : Karl P. Sauvant
Publisher : Oxford University Press, USA
Page : 1082 pages
File Size : 29,68 MB
Release : 2012-02-16
Category : Business & Economics
ISBN : 0199812357
The Yearbook on International Investment Law & Policy 2010-2011 monitors current developments in international investment law and policy, focusing (in Part One) on recent trends and issues in foreign direct investment (FDI). Part Two then addresses the fundamental developments in European Union policy toward bilateral investment treaties, and annexes the key official European Union documents.
