Search Results for "interpretation-of-international-investment-treaties"

Interpretation of International Investment Treaties

Interpretation of International Investment Treaties

  • Author: Tarcisio Gazzini
  • Publisher: Bloomsbury Publishing
  • ISBN: 1782255656
  • Category: Law
  • Page: 424
  • View: 6973
DOWNLOAD NOW »
This book offers a systematic study of the interpretation of investment-related treaties – primarily bilateral investment treaties, the Energy Charter Treaty, Chapter XI NAFTA as well as relevant parts of Free Trade Agreements. The importance of interpretation in international law cannot be overstated and, indeed, most treaty claims adjudicated before investment arbitral tribunals have raised and continue to raise crucial and often complex issues of interpretation. The interpretation of investment treaties is governed by the Vienna Convention on the Law of Treaties (VCLT). The disputes relating to these treaties, however, are rather peculiar as they place multinational companies (or natural person) in opposition to sovereign governments. Fundamental questions dealt with in the study include: Are investment treaties a special category of treaty for the purpose of interpretation? How have the rules on interpretation contained in the VCLT been applied in investment disputes? What are the main problems encountered in investment-related disputes? To what extent are the VCLT rules suited to the interpretation of investment treaties? Have tribunals developed new techniques concerning treaty interpretation? Are these techniques consistent with the VCLT? How can problems relating to interpretation be solved or minimised? How creative have arbitral tribunals been in interpreting investment treaties? Are States capable of keeping effective control over interpretation?

The Interpretation of Investment Treaties

The Interpretation of Investment Treaties

  • Author: Trinh Hai Yen
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9004274545
  • Category: Law
  • Page: 408
  • View: 5937
DOWNLOAD NOW »
In The Interpretation of Investment Treaties, Trinh Hai Yen analyzes arbitral neglect or misapplication of international rules on treaty interpretation in investor-state arbitrations and proposes both adjudicative and legislative solutions.

Bilateral Investment Treaties

Bilateral Investment Treaties

History, Policy, and Interpretation

  • Author: Kenneth J. Vandevelde
  • Publisher: Oxford University Press, USA
  • ISBN: N.A
  • Category: Law
  • Page: 562
  • View: 9954
DOWNLOAD NOW »
Bilateral Investment Treaties: History, Policy, and Interpretation organizes, summarizes and comments upon the arbitral awards interpreting and applying BIT provisions. Policymakers and practitioners will find a thorough introduction to the operation of the BITs, including the principal arguments and case authorities on both sides of the major issues in international investment law. The book is intended to be a single-volume reference covering every important development in the 50 years of BIT programs worldwide, from 1959 until 2009. Author Kenneth Vandevelde argues that the primary purpose of the BITs is to promote the application of the rule of law to foreign investment, while a secondary purpose is to create a liberal investment regime. He further argues that BITs are based on six core principles: reasonableness, security, nondiscrimination, access, transparency and due process. The book explains each of these principles and analyzes the major BIT provisions based on them. Vandevelde addresses the host of complex questions that BITs engender: Do bilateral investment treaties attract foreign investment or otherwise contribute to economic development? Do BITs limit host state regulatory discretion too much? Why should countries continue to conclude BITs? What is meant by BIT guarantees of "fair and equitable treatment" and "full protection and security"? What is the scope of the BIT provision for most-favored-nation treatment? The book's expert analysis of these questions makes it useful to policy makers in the area of international economic relations, attorneys representing multinational companies, and anyone interested in the process of economic globalization.

Arbitral Awards As Investments

Arbitral Awards As Investments

Treaty Interpretation and the Dynamics of International Investment Law

  • Author: Maximilian Clasmeier
  • Publisher: Kluwer Law International
  • ISBN: 9789041183576
  • Category:
  • Page: 288
  • View: 4662
DOWNLOAD NOW »
This book presents the analysis of the existing tribunals' approaches to date. The book addresses the following questions: What is the foundation of interpretation in public international law and when is it adequately carried out? / Can arbitral awards constitute investments, offering relief from frustrated enforcement attempts? / Is there a trend of convergence to commercial and investment arbitration? / Do respective interpretative outcomes stem from adequate interpretation? / What are the ramifications, if interpretation is not fully adequate? / What are the feasible routes to greater interpretive discipline? This treatise on arbitral awards' qualification as investments within international investment law gives a detailed analysis of the interpretive approaches, their foundation and consequences. It will, from a theoretic point of view, provide value to international tribunals, counsel and sovereign entities.

The Interpretation of International Investment Law

The Interpretation of International Investment Law

Equality, Discrimination and Minimum Standards of Treatment in Historical Context

  • Author: Todd Weiler
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9004232230
  • Category: Law
  • Page: 572
  • View: 8197
DOWNLOAD NOW »
In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historiographical analysis should be adopted in the interpretation of international investment law obligations. Weiler subjects some of the most commonly held beliefs about the nature and development of international investment law to a critical re-appraisal, based upon meticulously assembled historical record. In the process, the book provides readers with a fresh perspective on some of the oldest obligations in international law.

The Law of Investment Treaties

The Law of Investment Treaties

  • Author: Jeswald W. Salacuse
  • Publisher: Oxford University Press on Demand
  • ISBN: 0199206058
  • Category: Business & Economics
  • Page: 517
  • View: 6377
DOWNLOAD NOW »
Investment treaties grant protection to foreign investors and are increasingly important in planning, executing and managing international investments. This book explains the nature, history, and significance of investment treaties and their impact on international investors and investments, and governments that are parties to them.

Treaty Interpretation in Investment Arbitration

Treaty Interpretation in Investment Arbitration

  • Author: J Romesh Weeramantry
  • Publisher: OUP Oxford
  • ISBN: 019163817X
  • Category: Law
  • Page: 312
  • View: 3671
DOWNLOAD NOW »
The rise of investment arbitration in the last decade has generated an unprecedented body of arbitral case law. The work of these arbitral tribunals has provided scholars and practitioners with public international law jurisprudence, including materials on treaty interpretation which has not yet been thoroughly analysed. This book evaluates the contribution of investment arbitration treaty interpretation jurisprudence to international law, covering all key aspects of treaty interpretation. Included in the book's coverage are awards which feature in prominent discussions or in applications of treaty interpretation rules. Among the significant portion of arbitral awards analysed, which deal with investment treaties, are ICSID awards, ad hoc investment arbitration awards, NAFTA awards, and Energy Charter Treaty awards. The extensive analysis of investment arbitration awards and decisions has also been used to create a table highlighting both the references to principles of treaty interpretation and instances in which they were rejected. This invaluable insight into the practice of investment tribunals will be of interest to both practitioners and academics alike. Foreword by by Professor Michael Reisman, Yale Law School _

Law and Practice of Investment Treaties

Law and Practice of Investment Treaties

Standards of Treatment

  • Author: Andrew Paul Newcombe,Lluís Paradell
  • Publisher: Kluwer Law International
  • ISBN: 9041123512
  • Category: Law
  • Page: 614
  • View: 3535
DOWNLOAD NOW »
Foreign investors enjoy the protection of a vast network of international investment agreements (IIAs) supplemented by the general rules of international law. Under IIAs, states must accord foreign investors substantive standards of promotion and protection. In addition, IIAs provide an investor-state arbitration mechanism that allows foreign investors to enforce these standards against host states. In response to disputes arising under the IIA regime, since the early 1990s a significant body of arbitral jurisprudence has developed. This book provides a comprehensive and systematic explanation of these standards of treatment, taking into account developments in treaty practice and arbitral jurisprudence. Where possible, the authors critically examine the applicable principles emerging from treaty practice and jurisprudence. The book focuses on the substantive protections accorded to foreign investors and investments. Among the many specific issues and topics that arise in the course of the analysis are the following: the origins and evolution of the international investment treaty framework; the interaction between international and national law in the resolution of IIA disputes and the interpretation of IIAs; the role IIAs play in investment liberalization and their interaction with other areas of international economic law; the relationship between treaty and customary international law standards; the development of norms of non-discrimination and minimum standards of treatment, including fair and equitable treatment; the meaning of expropriation and conditions for lawful expropriations; the rules relating to transfer of funds, performance requirements and transparency; and exceptions and defences to investment treaty obligations. International business and other investors will greatly appreciate the in-depth information and insightful guidance in this solidly useful book. It will also be welcomed by jurists and students as a significant milestone in the articulation of principles in a quickly growing field of international law.

Commentaries on Selected Model Investment Treaties

Commentaries on Selected Model Investment Treaties

  • Author: Chester Brown
  • Publisher: Oxford University Press
  • ISBN: 0199645191
  • Category: Law
  • Page: 895
  • View: 1809
DOWNLOAD NOW »
Model Bilateral Investment Treaties (BITs) are a state's blueprint for the investment treaties it negotiates with other states. This book compiles commentaries on the Model BITs of 19 key jurisdictions. It analyses state practice on international investment law, detailing each state's legislative regime on foreign investment and their BIT programme

The Impact of Investment Treaties on Contracts Between Host States and Foreign Investors

The Impact of Investment Treaties on Contracts Between Host States and Foreign Investors

  • Author: Jan Ole Voss
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9004192239
  • Category: Law
  • Page: 363
  • View: 6723
DOWNLOAD NOW »
In the field of investment treaty arbitration, the co-existence of contracts and treaties has generated an increasingly divided jurisprudence on central aspects of treaty interpretation. This book comprehensively examines the legal problems surrounding the relationship of these two instruments. ?????

Principles of International Investment Law

Principles of International Investment Law

  • Author: Rudolf Dolzer (jurist),Christoph Schreuer
  • Publisher: Oxford University Press
  • ISBN: 0199651795
  • Category: Business & Economics
  • Page: 417
  • View: 5459
DOWNLOAD NOW »
This book provides an ideal introduction to the fundamentals of international investment law and dispute settlement for students or practitioners. It combines a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals.

Investment Law within International Law

Investment Law within International Law

Integrationist Perspectives

  • Author: Freya Baetens
  • Publisher: Cambridge University Press
  • ISBN: 1107434912
  • Category: Law
  • Page: 556
  • View: 3575
DOWNLOAD NOW »
Developments within various sub-fields of international law influence international investment law, but changes in investment law also have an impact on the evolution of other fields within international law. Through contributions from leading scholars and practitioners, this book analyses specific links between investment law and other sub-fields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and EU law. In particular, this book scrutinises how concepts, principles and rules developed in the context of such sub-fields could inform the content of investment law. Solutions aimed at resolving problems in other settings may provide instructive examples for addressing current problems in the field of investment law, and vice versa. The underlying question is whether key sub-fields of public international law, notably international investment law, are open to cross-fertilisation, or, whether they are evolving further into self-contained regimes.

Reassertion of Control over the Investment Treaty Regime

Reassertion of Control over the Investment Treaty Regime

  • Author: Andreas Kulick
  • Publisher: Cambridge University Press
  • ISBN: 131678116X
  • Category: Law
  • Page: N.A
  • View: 6008
DOWNLOAD NOW »
Driven by public opinion in host states, contracting parties to investment agreements are pursuing many avenues in order to curb a system that is being perceived - correctly or not - as having run out of control. Reassertion of Control over the Investment Treaty Regime is the first book of its kind to examine the many issues of procedure, substantive law, and policy which arise from this trend. From procedural aspects such as frivolous claims mechanisms, the establishment of appeals mechanism or state-state arbitration, to substantive issues such as joint interpretations, treaty termination or detailed definitions of standards of protection, the book identifies and discusses the main means by which states do or may reassert their control over the interpretation and application of investment treaties. Each chapter tackles one of these avenues and evaluates its potential to serve as an instrument in states' reassertion of control.

International Investment Law for the 21st Century

International Investment Law for the 21st Century

Essays in Honour of Christoph Schreuer

  • Author: Christina Binder
  • Publisher: Oxford University Press on Demand
  • ISBN: 9780199571345
  • Category: Law
  • Page: 970
  • View: 6078
DOWNLOAD NOW »
International investment law has become increasingly prominent in the international legal order, spurred on by the explosion of Bilateral Investment Treaties between States and a sharp rise in international investment disputes. This rise to prominence has however not always been matched by academic reflection on the content of procedure of international investment law and its role within general international law. This volume seeks to remedy this situation by providing careful analysis of every area of international investment law and its relationship with other legal fields. It is written in honor of one of the leading experts in the field of investment arbitration, Christoph Schreuer. The book explores specific and topical problems of international investment law and practice in a focused way. It also provides a forum for broader theoretical reflections on international investment law and its relation to general international law. The book includes chapters on jurisdictional questions, issues of procedure in investment proceedings, the relationship between investment arbitration and other forms of investment protection, problems of substantive investment law, regional aspects, interfaces between investment law and other areas of law as well as the future of the law of investment protection. Featuring contributions by many of the most prominent scholars and practitioners of investment arbitration, this work should become an indispensable tool for practitioners and academics working in the field.

The Multilateralization of International Investment Law

The Multilateralization of International Investment Law

  • Author: Stephan W. Schill
  • Publisher: Cambridge University Press
  • ISBN: 0521762367
  • Category: Law
  • Page: 451
  • View: 3873
DOWNLOAD NOW »
The book argues that international investment law is a structured body of law based on uniform principles of investment protection.

State Liability in Investment Treaty Arbitration

State Liability in Investment Treaty Arbitration

Global Constitutional and Administrative Law in the BIT Generation

  • Author: Santiago Montt
  • Publisher: Bloomsbury Publishing
  • ISBN: 1847315488
  • Category: Law
  • Page: 460
  • View: 9812
DOWNLOAD NOW »
Today there are more than 2,500 bilateral investment treaties (BITs) around the world. Most of these investment protection treaties offer foreign investors a direct cause of action to claim damages against host-states before international arbitral tribunals. This procedure, together with the requirement of compensation in indirect expropriations and the fair and equitable treatment standard, have transformed the way we think about state liability in international law. We live in the BIT generation, a world where BITs define the scope and conditions according to which states are economically accountable for the consequences of regulatory change and administrative action. Investment arbitration in the BIT generation carries new functions which pose unprecedented normative challenges, such as the arbitral bodies established to resolve investor/state disputes defining the relationship between property rights and the public interest. They also review state action for arbitrariness, and define the proper tests under which that review should proceed. State Liability in Investment Treaty Arbitration is an interdisciplinary work, aimed at academics and practitioners, which focuses on five key dimensions of BIT arbitration. First, it analyses the past practice of state responsibility for injuries to aliens, placing the BIT generation in historical perspective. Second, it develops a descriptive law-and-economics model that explains the proliferation of BITs, and why they are all worded so similarly. Third, it addresses the legitimacy deficits of this new form of dispute settlement, weighing its potential advantages and democratic shortfalls. Fourth, it gives a comparative overview of the universal tension between property rights and the public interest, and the problems and challenges associated with liability grounded in illegal and arbitrary state action. Finally, it presents a detailed legal study of the current state of BIT jurisprudence regarding indirect expropriations and the fair and equitable treatment clause.

International Investment Law

International Investment Law

Reconciling Policy and Principle

  • Author: Surya P Subedi
  • Publisher: Bloomsbury Publishing
  • ISBN: 150990302X
  • Category: Law
  • Page: 344
  • View: 8625
DOWNLOAD NOW »
The third edition of this acclaimed scholarly book offers an up-to-date, critical overview of the law of foreign investment, incorporating a thorough and succinct analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multilayered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives. A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to restrict unduly the right of host governments to implement their public policy, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country, on the other.

The First Bilateral Investment Treaties

The First Bilateral Investment Treaties

U.S. Postwar Friendship, Commerce, and Navigation Treaties

  • Author: Kenneth J. Vandevelde
  • Publisher: Oxford University Press
  • ISBN: 019067959X
  • Category: Law
  • Page: 624
  • View: 3381
DOWNLOAD NOW »
The First Bilateral Investment Treaties is the first and only history of the U.S. postwar Friendship, Commerce, and Navigation (FCN) treaty program, and focuses on the investment-related provisions of those treaties. The 22 U.S. postwar FCN treaties were the first bilateral investment treaties ever concluded, and nearly all of the core provisions in the modern network of more than 3000 international investment agreements worldwide trace their origin to these FCN treaties. This book explains the original understanding of the language of this vast network of agreements which have been and continue to be the subject of hundreds of international arbitrations and billions of dollars in claims. It is based on a review of some 32,000 pages of negotiating history housed in the National Archives. This book demonstrates that the investment provisions were founded on the New Deal liberalism of the Roosevelt-Truman administrations and were intended to acquire for U.S. companies investing abroad the same protections that foreign investors already received in the United States under the U.S. Constitution. It chronicles the failed U.S. attempt to obtain protection for investment through the proposed International Trade Organization (ITO), providing the first and only history of the investment-related provisions in the ITO Charter. It then shows how the FCN treaties, which dated back to 1776 and originally concerned with establishing trade and maritime relations, were re-conceptualized as investment treaties to provide investment protection bilaterally. This book is also a work of diplomatic history, offering an account of the negotiating history of each of the 22 treaties and describing U.S. negotiating policy and strategy.

The Future of ICSID and the Place of Investment Treaties in International Law

The Future of ICSID and the Place of Investment Treaties in International Law

  • Author: N. Jansen Calamita,David Earnest,Markus Burgstaller
  • Publisher: British Institute for International & Comparative Law
  • ISBN: 9781905221509
  • Category: Law
  • Page: 364
  • View: 9084
DOWNLOAD NOW »
The International Center for the Settlement of Investment Disputes (ICSID) system and the international investment treaties that have come to rely upon it face a host of challenges, some new and some persistent. Increasingly, arbitral tribunals charged with the interpretation and application of international investment treaties are being asked to address the critical relationship between those treaties and other regimes of international law, such as the international law of human rights, trade law, and the law of the European Union. These questions raise fundamental issues about the scope of investment treaty obligations and the resolution of investment treaty disputes through arbitration. At the same time as arbitral tribunals are being presented with these fundamental issues regarding the interpretation and application of investment treaties, the ICSID system, upon which thousands of international investment treaties rely, faces its own ongoing challenge of meeting the goals set for it by its States Parties. Whether the task is addressing the efficient resolution of disputes through the use of ICSID's new summary procedures mechanism, or establishing a consistent jurisprudence on annulment, a wide array of new and perennial questions require answers. The chapters in this book bring together papers of the Investment Treaty Forum at the British Institute of International and Comparative Law and represent contributions by some of the leading practitioners and scholars in the field. The issues that are raised and discussed will be as important for practitioners as they are for policy-makers and academics.

The WTO and International Investment Law

The WTO and International Investment Law

Converging Systems

  • Author: Jürgen Kurtz
  • Publisher: Cambridge University Press
  • ISBN: 1107009707
  • Category: Law
  • Page: 326
  • View: 3496
DOWNLOAD NOW »
Jürgen Kurtz provides a theoretically grounded and doctrinally tractable framework to understand the relationship between international trade and investment law.