› › International Investment

International Investment Protection of Global Banking and Finance

Author : Arif H. Ali

Publisher : Kluwer Law International B.V.

Page : 616 pages

File Size : 30,39 MB

Release : 2021-09-14

Category : Law

ISBN : 9403535628

Get eBook

Book Description

Global banking and finance is a complex and specialized field with sector-specific investment forms, subject to distinctive legal and regulatory frameworks and unique types of political risk. This comprehensive guide to international investment protection in the finance and banking sector, written by acknowledged experts in the field of investor-State arbitration, provides the first in-depth discussion of how international investment law applies to investors and investments in the sector. Featuring expert guidance on the key legal protections for cross-border banking and finance investments, with complete and up-to-date coverage of investor-State cases, the analysis crystallizes a set of field-specific legal principles for the sector. In particular, the authors address the following practical aspects of investment protection in the banking and finance sector: how sector-specific forms of investment, such as loans and derivatives, impact the dispute resolution process; types of political risk that cross-border investments in the sector are likely to encounter; distinctive adverse sovereign measures that underlie disputes in the sector, including those from sovereign debt defaults and banking sector bailouts; specific treaty provisions, such as jurisdictional carve-outs and targeted exclusions; remedies available for violations of international investment protections; how monetary damages may be assessed for injury to banking and finance sector investments; the scope of financial services chapters included in certain free trade agreements; the protections available under domestic foreign investment laws; and alternative sources of protection such as political risk insurance and investment contracts. International disputes practitioners and academics, in-house counsel in the finance and banking industries, and arbitrators addressing banking and finance disputes will welcome this book for its practical guidance. With strategies for investors as well as for sovereign States to navigate the intricacies of the investment protection system, the authors’ comprehensive analysis will help ensure appropriate international protection for banking and finance sector investments, both when establishing investments and when resolving disputes. The book lays the groundwork for the future consolidation of international investment protection as a critical tool to manage the political risk confronting global banking and finance.



The International Law on Foreign Investment

Author : M. Sornarajah

Publisher : Cambridge University Press

Page : 555 pages

File Size : 30,70 MB

Release : 2010-05-06

Category : Law

ISBN : 0521763274

Get eBook

Book Description

This book is a thought-provoking and authoritative text on this fast moving field of international law.



Foreign Investment in the Energy Sector

Author : Eric De Brabandere

Publisher : Martinus Nijhoff Publishers

Page : 312 pages

File Size : 38,72 MB

Release : 2014-06-05

Category : Business & Economics

ISBN : 9004244719

Get eBook

Book Description

Foreign investments in the energy sector raise formidable legal questions, often requiring a delicate balance between private and public interests of the various stakeholders. Foreign Investment in the Energy Sector: Balancing Private and Public Interests opens with a discussion of the legal protection of foreign investment in the main segments of the energy sector (namely oil, gas, mining and hydroelectric industry), both in substantive and procedural terms. This second part of the book focuses on the Energy Charter Treaty, by far the most important international legal instrument in the energy sector, and its future after the decision of the Russian Federation not to ratify it. In its third part, the book examines four critical areas that are often negatively concerned by economic activities by multinational in the energy sector, namely compliance with safety and labour standards, protection of the environment, respect of indigenous peoples rights, and protection of public health. Foreign Investment in the Energy Sector: Balancing Private and Public Interests, a comprehensive collection of essays from experts and practitioners, offers an important new resource to the field.



International Investments

Author : Bruno H. Solnik

Publisher : Addison Wesley Publishing Company

Page : 420 pages

File Size : 15,28 MB

Release : 1991

Category : Business & Economics

ISBN :

Get eBook

Book Description

Text/reference addresses challenges and hazards, the international environment, the case for international diversification, the foreign exchange, equity, bonds, futures and options, currency risk management, and the practical implementation of global investment strategy, organization, and control. I



Improving International Investment Agreements

Author : Armand De Mestral

Publisher : Routledge

Page : 442 pages

File Size : 11,79 MB

Release : 2013-02-11

Category : Law

ISBN : 1136260706

Get eBook

Book Description

This book presents the reflections of a group of researchers interested in assessing whether the law governing the promotion and protection of foreign investment reflects sound public policy. Whether it is the lack of "checks and balances" on investor rights or more broadly the lack of balance between public rights and private interests, the time is ripe for an in-depth discussions of current challenges facing the international investment law regime. Through a survey of the evolution in IIA treaty-making and an evaluation from different perspectives, the authors take stock of developments in international investment law and analyze potential solutions to some of the criticisms that plague IIAs. The book takes a multidisciplinary approach to the subject, with expert analysis from legal, political and economic scholars. The first part of the book traces the evolution of IIA treaty-making whilst the other three parts are organised around the concepts of efficiency, legitimacy and sustainability. Each contributor analyzes one or more issues related to substance, treaty negotiation, or dispute resolution, with the ultimate aim of improving IIA treaty-making in these respects. Improving International Investment Agreements will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.



Reconceptualizing International Investment Law from the Global South

Author : Fabio Morosini

Publisher : Cambridge University Press

Page : 321 pages

File Size : 27,53 MB

Release : 2017-10-26

Category : Business & Economics

ISBN : 1107190037

Get eBook

Book Description

This book shows how the reform in investment regulation contributes to a broader attempt to transform the international economic order.



The International Law on Foreign Investment

Author : M. Sornarajah

Publisher : Cambridge University Press

Page : 562 pages

File Size : 47,8 MB

Release : 2004-08-26

Category : Law

ISBN : 9780521545563

Get eBook

Book Description

This new edition of Sornarajah's book, available for the first time in paperback, surveys the international law developed to protect foreign investment by multinational corporations. The area has always been one of controversy due to the different political and economic conflicts that exist in the field. The book assesses the role of multinational corporations in making foreign investments, and considers the ways in which misconduct on the part of such corporations in host states could be controlled. Sornarajah focuses on the protection of foreign investment and the problems associated with such protection. He explores treaty-based methods, and examines several bilateral and regional investment treaties. The failure to agree on a multilateral treaty system and the inability to incorporate a discipline on investment within the WTO are also considered. He takes account not only of the law, but also of the relevant literature in economics, political science and other associated disciplines.



Building International Investment Law

Author : Meg Kinnear

Publisher : Kluwer Law International B.V.

Page : 778 pages

File Size : 21,71 MB

Release : 2015-12-22

Category : Law

ISBN : 9041161414

Get eBook

Book Description

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.



Principles of International Investment Law

Author : Rudolf Dolzer

Publisher : Oxford University Press

Page : 582 pages

File Size : 38,40 MB

Release : 2022-01-13

Category : Law

ISBN : 019267241X

Get eBook

Book Description

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.



International Investment Treaties and Arbitration Across Asia

Author : Julien Chaisse

Publisher : BRILL

Page : 725 pages

File Size : 26,11 MB

Release : 2017-12-18

Category : Law

ISBN : 9004360107

Get eBook

Book Description

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.