Search Results for "damages-in-international-investment-law"

Damages in International Investment Law

Damages in International Investment Law

  • Author: Sergey Ripinsky,Kevin Williams
  • Publisher: BIICL
  • ISBN: 9781905221240
  • Category: Law
  • Page: 561
  • View: 5101
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The past two decades have seen a rising wave of investor-State arbitrations, which pose important questions in international law. This book addresses one of the least understood and most unpredictable areas in that field - the assessment of damages. The book is a result of a two-year research project carried out at the British Institute of International and Comparative Law, and it is the first to examine the subject in a systematic, comprehensive, and detailed manner. Damages in International Investment Law offers a much-needed, balanced assessment of the complicated and controversial issues arising in relation to compensation awards, putting special emphasis on the interpretation and application of international rules on damages by arbitral tribunals. In addition to careful analyses of the most recent investment treaty case law, other relevant practice - both international and national - is reviewed. Thorough, well-organized, and supplemented by analytical annexes, the book will be a valuable reference tool for legal professionals and a practical aide for constructing and resolving damages claims in investment arbitrations.

Die Berechnung von Entschädigung und Schadenersatz in der internationalen Rechtsprechung

Die Berechnung von Entschädigung und Schadenersatz in der internationalen Rechtsprechung

  • Author: Irmgard Marboe
  • Publisher: Peter Lang
  • ISBN: 9783631573259
  • Category: Law
  • Page: 610
  • View: 345
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Originally presented as the author's thesis (habil.)--Univ. Wien, 2006.

Calculation of Compensation and Damages in International Investment Law

Calculation of Compensation and Damages in International Investment Law

  • Author: Irmgard Marboe
  • Publisher: Oxford International Arbitrati
  • ISBN: 9780198749936
  • Category: Law
  • Page: 544
  • View: 7771
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Fully revised and updated from the successful first edition, this title analyses the practice of international courts and tribunals with regard to the valuation of investment claims against states, paying specific attention to the question of interest. This new edition incorporates new jurisprudence, updates existing cases, and includes a new section on immaterial damage. The new edition also contains extensive annexes devoted to ICSID cases and non-ICSID investment cases, as well as a table on methods of valuation in international practice. This issue of valuation represents one of the most important aspects of international investment disputes. The parties involved have an obvious interest in an appropriate solution to the question of the quantum of damages. The sums involved are high and this is particularly true in the context of private foreign investment. With the increase in international investment both in the developing as well as the developed world, there is a growing need for a stable and predictable approach to quantum. This new edition meets the needs of foreign investors and host states by setting the issue of valuation on more solid ground. It provides an analysis of how international courts and tribunals have handled cases until now. The emphasis lies on the correct identification of the legal basis claim to inform the valuation method. The author concludes with suggestions and proposals as to how valuation should be handled by legal councils, experts, judges, and arbitrators in international judicial proceedings.

Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration

Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration

  • Author: Christina L. Beharry
  • Publisher: BRILL
  • ISBN: 9004357793
  • Category: Law
  • Page: 516
  • View: 3389
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Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration, edited by Christina L. Beharry, examines a broad range of damages topics, building on basic principles and surveying current developments to identify trends in the jurisprudence.

Damages in Investor-State Arbitration

Damages in Investor-State Arbitration

Current Issues and Challenges

  • Author: Irmgard Marboe
  • Publisher: Brill Research Perspectives
  • ISBN: 9789004366855
  • Category: Law
  • Page: 86
  • View: 8707
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Damages in Investor-State Arbitration: Current Issues and Challenges addresses specificities of the assessment of damages in investor-state disputes, reflecting the tensions between the sovereignty and self-determination of states and their legal obligations towards foreign investors. These tensions are primarily present in the context of compensation for expropriation, but other commitments of host states undertaken in bilateral investment treaties and contracts with foreign investors may also be in conflict with changing political and economic circumstances. With this background, the calculation of damages becomes a complex endeavor in each case. The lack of valuation principles that are uniformly accepted and implemented leads to uncertainty and unpredictability in practice. The present analysis tries to identify the most important issues and challenges, such as the choice of the valuation date, appropriate valuation methods, moral damages, and the awarding of interest.

Compensation and Restitution in Investor-State Arbitration

Compensation and Restitution in Investor-State Arbitration

Principles and Practice

  • Author: Borzu Sabahi
  • Publisher: Oxford University Press
  • ISBN: 0199601186
  • Category: Business & Economics
  • Page: 256
  • View: 8939
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This is a concise guide for lawyers, valuation experts, academics, and students of the remedies that foreign investors may seek in international investment disputes. It provides an overview of the legal rules applicable in such circumstances and numerous case studies to show how they are used.

Resource Nationalism in International Investment Law

Resource Nationalism in International Investment Law

  • Author: Sangwani Patrick Ng’ambi
  • Publisher: Routledge
  • ISBN: 1317360141
  • Category:
  • Page: 188
  • View: 608
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Foreign direct investment in the natural resource industries is fostered through the signing of concession agreements between the host State and the investor. However, such concessions are susceptible to alteration by the host State, meaning that many investors now require the insertion of stabilization clauses. These are provisions that require the host State to agree that they will not take any administrative or legislative action that would adversely affect the rights of the investor. Arguing that it is necessary to have some form of flexibility in concession agreements while still offering protection of the legitimate expectations of the investor, Resource Nationalism in International Investment Law proposes the insertion of renegotiation clauses in order to foster flexible relationships between the investor and the host State. Such clauses bind the parties to renegotiate the terms of the contract, in good faith, when prevailing circumstances change. However these clauses can also prove problematic for both State and investor due to their rigidity. Using Zambia as a case study, it highlights the limitations of the efficient breach theory to emphasise the need for contractual flexibility.

Yearbook on International Investment Law & Policy 2012-2013

Yearbook on International Investment Law & Policy 2012-2013

  • Author: Andrea Bjorklund
  • Publisher: Oxford University Press
  • ISBN: 0199386331
  • Category: Law
  • Page: 752
  • View: 3478
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Today, international investment law consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network raises a host of issues regarding international investment law and policy, especially in the area of international investment disputes. The Yearbook on International Investment Law & Policy 2012-2013 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment (FDI). With contributions by leading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers. Contributions to the Yearbook on International Investment Law & Policy 2012-2013 cover the 2012-2013 trends in international investment agreements, the Foreign Direct Investment (FDI) trends, and the challenge of investment policies for outward FDI, as well as a review of 2012 international investment law and arbitration. This edition contains essays from the Symposium on Sustainable Development and International Investment Law: Bridging the Divide. Also included are general articles providing an analysis of arbitral tribunal practice regarding the applicable law to state contracts under the ICSID Convention in the Twenty First Century; the role of municipal laws in investment arbitration; the status of state-controlled entities under international investment law, the US and the Trans-Pacific partnership (TPP); new 2012 US Model BITs; and the Regulation of FDI in Bolivia. This volume concludes with the winning memorials from the 2012 FDI International Moot Competition.

Public Policy in International Economic Law

Public Policy in International Economic Law

The ICESCR in Trade, Finance, and Investment

  • Author: Diane Desierto
  • Publisher: OUP Oxford
  • ISBN: 0191026484
  • Category: Law
  • Page: 432
  • View: 5156
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States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.

Internationales Wirtschaftsrecht

Internationales Wirtschaftsrecht

Ein Studienbuch

  • Author: Matthias Herdegen
  • Publisher: N.A
  • ISBN: 9783406647406
  • Category: Commercial law
  • Page: 404
  • View: 8744
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Investment Treaty Law

Investment Treaty Law

Current Issues. Remedies in international investment law emerging jurisprudence of international investment law. III

  • Author: British Institute of International and Comparative Law
  • Publisher: BIICL
  • ISBN: 9781905221127
  • Category: Law
  • Page: 333
  • View: 4948
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The Investment Treaty Forum of the British Institute of International and Comparative Law brings together eminent practitioners, arbitrators, and academics in the dynamic area of international investment law. Members of the Forum, under the British Institute's auspices, examine and debate the legal and policy issues presented by the increasingly complex web of investment treaties and the disputes that arise under them. The Forum held two conferences in 2007: the present volume compiles the papers presented at the conferences as well as a transcript of the round-table discussion on the subject of 'precedent' in international investment arbitration that featured some of the foremost authorities on the subject. Part I of the book is devoted to remedies, compensation and valuation in international investment disputes. This under-theorized area of law is ripe for further exploration by lawyers and economists, and the papers in this volume present a framework for further inquiry. Papers in Part II address the jurisprudence emerging from investment arbitration tribunals on issues such as fair and equitable treatment, 'umbrella' clauses, and nationality of claimants. The overarching question addressed by the papers, and by the concluding roundtable, is the relationship of those decisions with general international law and whether or not there is, or should be, a doctrine of precedent in investment treaty arbitration.

International Investment Law and Comparative Public Law

International Investment Law and Comparative Public Law

  • Author: Stephan W. Schill
  • Publisher: Oxford University Press
  • ISBN: 0199589100
  • Category: Law
  • Page: 836
  • View: 9165
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Investment treaty arbitration has a hybrid nature combining public international law (as regards its substance) with elements of international commercial arbitration (mainly as regards procedure). However, in essence and function it deals with a special, internationalised form of judicial review of governmental conduct that is more akin to the judicial control of governmental action provided for by national administrative and constitutional law than to either classic inter-state dispute resolution or international commercial arbitration. This has been recognised in some academic writing and several awards, where reference to national administrative law concepts and principles of international law-based judicial review of governmental action, such as international trade or human rights law, is used to help specify and apply the open-ended concepts of investment treaties. In-depth conceptualization is however often lacking. The current study is the first, pioneering effort to bring these under-developed ad hoc references to comparative and international administrative law concepts into a deeper theoretic and systematic framework. The book thus intends to develop a 'bridge' between treaty-based international investment arbitration and comparative administrative law on both a theoretical and practical level. The major obligations in investment treaties (indirect expropriation, fair and equitable treatment, national treatment, umbrella/sanctity of contract clause) and major procedural principles will be compared with their counterpart in comparative public law, both on the domestic as well as international level. That 'bridge' will allow international investment law to benefit from the comparative public law experience, which could enhance its legitimacy, its political acceptance, and its ability to develop more finely-tuned interpretations of central treaty obligations.

Beiträge zum Obligationenrecht

Beiträge zum Obligationenrecht

  • Author: Friedrich Mommsen
  • Publisher: N.A
  • ISBN: N.A
  • Category: Contracts (Roman law)
  • Page: N.A
  • View: 4632
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The Oxford Handbook of International Investment Law

The Oxford Handbook of International Investment Law

  • Author: Peter Muchlinski,Federico Ortino,Christoph Schreuer
  • Publisher: Oxford University Press on Demand
  • ISBN: 0199231389
  • Category: Law
  • Page: 1282
  • View: 9509
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This work offers a comprehensive account of the current state and likely future developments of international investment law. Its broad range covers conceptual, substantive and procedural issues. Containing specially commissioned essays by leading experts in the field, this book will be of interest to both scholars and practitioners.

Investment Treaty Arbitration as Public International Law

Investment Treaty Arbitration as Public International Law

  • Author: Eric De Brabandere
  • Publisher: Cambridge University Press
  • ISBN: 1107066875
  • Category: Law
  • Page: 264
  • View: 2147
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This book demonstrates how the public international law character of investment treaty arbitration has impacted on the dispute settlement procedure.

OECD-Leitsätze für multinationale Unternehmen

OECD-Leitsätze für multinationale Unternehmen

  • Author: OECD
  • Publisher: OECD Publishing
  • ISBN: 9264122354
  • Category:
  • Page: 106
  • View: 9573
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Die OECD-Leitsätze für multinationale Unternehmen sind das weltweit wichtigste staatlich geförderte Instrument für verantwortungsvolles unternehmerisches Handeln. Die Ausgabe 2011 enthält neue Empfehlungen zu den Menschenrechten und zur Verantwortung der Unternehmen für ihre Zulieferketten.

The Foundations of International Investment Law

The Foundations of International Investment Law

Bringing Theory into Practice

  • Author: Zachary Douglas,Joost Pauwelyn,Jorge E. Viñuales
  • Publisher: OUP Oxford
  • ISBN: 0191508586
  • Category: Law
  • Page: 586
  • View: 2572
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International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.

An Introduction to International Investment Law

An Introduction to International Investment Law

  • Author: David Collins
  • Publisher: Cambridge University Press
  • ISBN: 1107160456
  • Category: Law
  • Page: 352
  • View: 5762
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A clear and accessible introduction to one of the fastest growing and most highly debated spheres of international law.

International Investment Law

International Investment Law

Text, Cases and Materials, Second Edition

  • Author: Krista Nadakavukaren Schefer
  • Publisher: Edward Elgar Publishing
  • ISBN: 1785360086
  • Category: Law
  • Page: 704
  • View: 8529
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This fully revised and updated edition of International Investment Law remains a complete and concise guide to the law of international investment protection and continues to approach the subject with an easy-to-follow, broad and balanced text. New to this edition: - updates to include numerous new cases - completely reworked sections on standards of treatment - new Q&A section to capture practitioner views. Key Features: • balance of cases and explanatory comment familiarises students with reading opinions and enables them to grasp the core concepts at stake • concise – suitable for one-semester course for non-specialists or as a first text for students who will take further specialised courses in the area • excerpts from the most influential arbitration decisions outline differing interpretations and ensure students don’t learn in a theoretical vacuum • questions throughout encourage readers to come to their own opinions.

Arbitration Under International Investment Agreements

Arbitration Under International Investment Agreements

A Guide to the Key Issues

  • Author: Katia Yannaca-Small
  • Publisher: Oxford University Press on Demand
  • ISBN: 0195340698
  • Category: Law
  • Page: 767
  • View: 7856
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Investor-state arbitration is a relatively new dispute settlement mechanism that allows foreign investors the opportunity to seek redress for damages arising out of breaches of investment-related treaty obligations by the governments of host countries. Claims are submitted to independent, international arbitration tribunals, which are called upon to interpret the treaty at hand. Because of the public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. Thus, it has already generated hundreds of cases and created new legal disciplines, inspiring a continuous string of legal writings. This book provides a comprehensive analysis of the main issues that arise in investor-state arbitration. It accompanies the reader through the phases of such a procedure, starting with an examination of the instruments, which provide, in the overwhelming majority of the cases, the legal basis for the requests for such arbitration. It then continues with the launching of the arbitration procedure, followed by the analysis of the main jurisdictional and substantive issues that the tribunals are confronted with, and the review procedures, when there is a request for setting aside of the award. It finally looks at the post-award phase and concludes with a reflection on the role of precedent in investment arbitration. Arbitration under International Investment Agreements: a Guide to the Key Issues contains in one volume what everybody needs to know on this evolving topic. Calling on the most renowned experts in this field, private practitioners, academics, government and international organization officials, it describes the process in all its phases from A to Z, providing a comprehensive insight in the way investor-state arbitration works from the perspective of the main actors involved. Its analyses of all key aspects of the topic are pragmatic and reliable.