Author : Panos Merkouris
Publisher : Cambridge University Press
Page : 647 pages
File Size : 50,28 MB
Release : 2022-05-26
Category : Law
ISBN : 131651689X
Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.
Author : Patrick Dumberry
Publisher : Cambridge University Press
Page : 535 pages
File Size : 34,26 MB
Release : 2018-12-13
Category : Law
ISBN : 1316503070
Patrick Dumberry provides a comprehensive analysis of the rules of customary international law in the field of international investment law.
Author : Jörg Kammerhofer
Publisher : Cambridge University Press
Page : 391 pages
File Size : 35,12 MB
Release : 2021-05-06
Category : Law
ISBN : 1108839177
A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.
Author : Ioana Tudor
Publisher : Oxford University Press, USA
Page : 348 pages
File Size : 40,16 MB
Release : 2008
Category : Business & Economics
ISBN : 0199235066
This text analyses the conventional and customary framework of the fair and equitable treatment clauses commonly found in bilateral investment treaties (BITs) and charts how these clauses have become norms of customary international law.
Author : Rudolf Dolzer
Publisher : Oxford University Press
Page : 582 pages
File Size : 15,80 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 : René Provost
Publisher : Routledge
Page : 589 pages
File Size : 22,58 MB
Release : 2017-03-02
Category : Law
ISBN : 1351898035
In the wake of the adoption by the International Law Commission of a complete set of articles on state responsibility in international law in 2001, this collection assembles a number of essays tracing key debates which have marked the evolution of this field over the last fifty years. These include explorations of the general theory of state responsibility (link between ’primary’ and ’secondary’ rules, the place of due diligence, the link between liability and wrongfulness), the consequences of an internationally wrongful act (nature of remedies, suitability of countermeasures, third states and the shift from bilateralism to community interests in the law of state responsibility), the debate over criminalizing state responsibility, and the continuing relevance of the law of injuries to aliens. The collection also contains a series of essays offering critical perspectives on state responsibility, including feminist and developing world perspectives. It is completed by an extensive and up-to-date bibliography.
Author : Panos Merkouris
Publisher :
Page : 434 pages
File Size : 26,94 MB
Release : 2024-01-10
Category : Law
ISBN : 1009255436
At first glance, one may think of international investment law as a response to custom (or lack thereof), instead of a field of its application. However, in fact, the opposite is the case. The interpretation and application of customary rules and principles are the bread and butter of international investment law and arbitration. With a diverse range of expert contributors, this collection traces how customary international law is practised in international investment law. It considers how custom should be interpreted and how its rules and principles should be understood and applied by investor-state arbitral tribunals. Raising and addressing vital questions surrounding custom and international law, this collection is a necessary contribution to the scholarship of the theory and history of customary international law and international investment law. This title is also available as Open Access on Cambridge Core.
Author : Sebastián Mantilla Blanco
Publisher : Springer Nature
Page : 698 pages
File Size : 44,16 MB
Release : 2019-10-24
Category : Law
ISBN : 3030248380
This book provides a comprehensive study of the standard of ‘full protection and security’ (FPS) in international investment law. Ever since the Germany-Pakistan BIT of 1959, almost every investment agreement has included an FPS clause. FPS claims refer to the most diverse factual settings, from terrorist attacks to measures concerning concession contracts. Still, the FPS standard has received far less scholarly attention than other obligations under international investment law. Filling that gap, this study examines the evolution of FPS from its medieval roots to the modern age, delimits the scope of FPS in customary international law, and analyzes the relationship between FPS and the concept of due diligence in the law of state responsibility. It additionally explores the interpretation and application of FPS clauses, drawing particular attention to the diverse wording used in investment treaties, the role ascribed to custom, and the interplay between FPS and other treaty-based standards. Besides delivering a detailed analysis of the FPS standard, this book also serves as a guide to the relevant sources, providing an overview of numerous legal instruments, examples of state practice, arbitral decisions, and related academic publications about the standard.
Author : Patrick Dumberry
Publisher : BRILL
Page : 88 pages
File Size : 17,13 MB
Release : 2018-07-17
Category : Law
ISBN : 9004366121
The fair and equitable treatment (‘FET’) standard is a type of protection found in BITs which has become in the last decades one of the most controversial provisions examined by arbitral tribunals. This book first examines the interaction between the ‘minimum standard of treatment’ (MST) and the FET standard and the question why States started referring to the former in their BITs. It also addresses the question whether the FET should be considered as an autonomous standard of protection under BITs. This book also examines the controversial proposition that the FET standard should now be considered as a rule of customary international law. I will show that while the practice of States to include FET clauses in their BITs can be considered as general, widespread and representative, it remains that it is not uniform and consistent enough for the standard to have crystallised into a customary rule. States also lack the necessary opinio juris when including the clause in their BITs.
Author : Malgosia Fitzmaurice
Publisher : BRILL
Page : 396 pages
File Size : 25,60 MB
Release : 2010-05-31
Category : Law
ISBN : 9004182934
Interpretation has always had a prominent place in international adjudication, yet its role has been further enhanced during the last few decades with the expansion of the regulatory range of international law and the proliferation of international judicial bodies. In such a diverse new world and celebrating the 30 years since the entry into force of the VCLT, this Volume on Treaty Interpretation attempts a much needed re-examination of the issues of treaty interpretation. In the first part of this Volume the authors focus on the VCLT itself and examine the nature of interpretation and the normative content of the relevant provisions. In the second and third parts of the Volume the analysis turns to the characteristics of treaty interpretation as applied within two of the most important sectors of international law i.e. that of trade and investment law on the one hand and of human rights on the other. Such a two-tiered approach allows for a more comprehensive understanding of the content and function of the principles of interpretation as enshrined in Articles 31-33 of the VCLT.
