Search Results for "the-foundations-of-international-investment-law"

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: 0191508578
  • Category: Law
  • Page: 586
  • View: 903
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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.

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: 4032
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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.

The Origins of International Investment Law

The Origins of International Investment Law

Empire, Environment and the Safeguarding of Capital

  • Author: Kate Miles
  • Publisher: Cambridge University Press
  • ISBN: 1107435234
  • Category: Law
  • Page: 560
  • View: 2199
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International investment law is a complex and dynamic field. Yet, the implications of its history are under explored. Kate Miles examines the historical evolution of international investment law, assessing its origins in the commercial and political expansionism of dominant states during the seventeenth to early twentieth centuries and the continued resonance of those origins within modern foreign investment protection law. In particular, the exploration of the activities of the Dutch East India Company, Grotius' treatises, and pre-World War II international investment disputes provides insight into current controversies surrounding the interplay of public and private interests, the systemic design of investor-state arbitration, the substantive focus of principles, and the treatment of environmental issues within international investment law. In adopting such an approach, this book provides a fresh conceptual framework through which contemporary issues can be examined and creates new understandings of those controversies.

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: 8755
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The book argues that international investment law is a structured body of law based on uniform principles of investment protection.

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: 1220
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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.

'Fair and Equitable Treatment' in International Investment Law

'Fair and Equitable Treatment' in International Investment Law

  • Author: Roland Kläger
  • Publisher: Cambridge University Press
  • ISBN: 0521197716
  • Category: Law
  • Page: 361
  • View: 4084
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This book looks at fair and equitable treatment as a key standard of international investment law.

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: 861
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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.

The International Law of Investment Claims

The International Law of Investment Claims

  • Author: Zachary Douglas
  • Publisher: Cambridge University Press
  • ISBN: 0521855675
  • Category: Law
  • Page: 616
  • View: 1638
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This book is a codification of the principles and rules relating to the prosecution of investment claims.

A Guide to State Succession in International Investment Law

A Guide to State Succession in International Investment Law

  • Author: Patrick Dumberry
  • Publisher: Edward Elgar Publishing
  • ISBN: 9781788116602
  • Category:
  • Page: 560
  • View: 8111
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A Guide to State Succession in International Investment Law is the first work of its kind to provide a comprehensive analysis of State succession issues arising in the context of international investment law. The book examines the legal consequences in the field of investor-State arbitration arising from the disappearance or the creation of a State, or from a transfer of territory between States. Specifically, it analyses whether a successor State is bound by the investment treaties (bilateral and multilateral) and the State contracts which had been signed by the predecessor State before the event of succession.Key features include:* Much-needed examination of the practice of States in the context of succession to bilateral, multilateral treaties and State contracts* comprehensive and up-to-date analysis of international arbitration cases involving issues of State succession* practical guidance on the application of the rules of State succession in investment arbitration cases, including when succession occurs during arbitral proceedings * assessment of the theoretical reasoning behind previously unexplored issues in State succession.Actors who are called upon to apply the rules of State succession in investment arbitration cases will find this book a valuable source of practical guidance. Researchers in the field of international investment law will also find this to be a compelling text, with strong theoretical foundations.

Human Dignity and the Foundations of International Law

Human Dignity and the Foundations of International Law

  • Author: Patrick Capps
  • Publisher: Bloomsbury Publishing
  • ISBN: 1847318061
  • Category: Law
  • Page: 306
  • View: 756
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International lawyers have often been interested in the link between their discipline and the foundational issues of jurisprudential method, but little that is systematic has been written on this subject. In this book, an attempt is made to fill this gap by focusing on issues of concept-formation in legal science in general with a view to their application to the specific concerns of international law. In responding to these issues, the author argues that public international law seeks to establish and institutionalise a system of authoritative judgment whereby the conditions by which a community of states can co-exist and co-operate are ensured. A state, in turn, must be understood as ultimately deriving legitimacy from the pursuit of the human dignity of the community it governs, as well as the dignity of those human beings and states affected by its actions in international relations. This argument is in line with a long and now resurgent Kantian tradition in legal and political philosophy. The book shows how this approach is reflected in accepted paradigm cases of international law, such as the United Nations Charter. It then explains how this approach can provide insights into the theoretical foundations of these accepted paradigms, including our understanding of the sources of international law, international legal personality and the design of global institutions.

Resisting Economic Globalization

Resisting Economic Globalization

Critical Theory and International Investment Law

  • Author: David Schneiderman
  • Publisher: Palgrave Macmillan
  • ISBN: 113700407X
  • Category: Political Science
  • Page: 232
  • View: 3349
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There is at present much disenchantment with the rules governing international investment. Conceived as a set of disciplines establishing thresholds of tolerable state behaviour, dissatisfaction has precipitated acts of resistance in various parts of the world. Resisting Economic Globalization explores the magnitude of the legal constraints imposed by these rules and institutions associated with the worldwide spread of neoliberalism. Much contemporary theorizing has given up on national states as a locus for countering the harmful effects of economic globalization. Though states provide critical supports to the construction and ongoing maintenance of transnational legal constraints, David Schneiderman argues that states remain crucial sites for resisting, even rolling back, investment law disciplines. Structured as a series of encounters with selected critical theorists, the book contrasts theoretical diagnoses with recent episodes of resistance impeding investment law edicts. This novel approach tests contemporary hypotheses offered by leading political and legal theorists about the nature of power and the role of states and social movements in facilitating and undoing neoliberalism's legal edifices. As a consequence, the foundations of transnational legality become more apparent and the mechanisms for change more transparent.

EU Foreign Investment Law

EU Foreign Investment Law

  • Author: Angelos Dimopoulos
  • Publisher: Oxford University Press
  • ISBN: 0199698600
  • Category: Business & Economics
  • Page: 375
  • View: 560
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Regulation of foreign investment is one of the most topical and controversial subjects in EU law and international investment law. This book examines the legal foundations upon which EU investment policy is based, addressing the legal, practical, and political concerns created by the establishment of a common investment policy.

The Foundation of Choice of Law

The Foundation of Choice of Law

Choice and Equality

  • Author: Sagi Peari
  • Publisher: Oxford University Press
  • ISBN: 0190622326
  • Category: Law
  • Page: 304
  • View: 8105
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This book focuses on the subject of choice of law as a whole and provides an analysis of its various rules, principles, doctrines and concepts. It offers a conceptual account of choice of law, called "choice equality foundation" (CEF) which aims to flesh out the normative basis of the subject. The author reveals that, despite the multiplicity of titles and labels within the myriad choice of law rules and practices of the U.S., Canadian, European, and other systems, many of them effectively confirm and crystallize CEF's vision of the subject. This alignment signifies the necessarily intimate relationship between theory and practice by which the normative underpinnings of CEF are deeply embedded and reflected in actual practical reality. Among other things, this book provides a justification of the nature and limits of such popular principles as party autonomy, most significant relationship, and closest connection. It also discusses such topics as the actual operation of public policy doctrine in domestic courts, and the relation between the notion of international human rights and international commercial dealings, and makes some suggestions about the ability of traditional rules to cope with the advancing challenges of the digital age.

The Law of Investment Treaties

The Law of Investment Treaties

  • Author: Jeswald W. Salacuse
  • Publisher: OUP Oxford
  • ISBN: 0191009156
  • Category: Law
  • Page: 620
  • View: 7852
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The rapid growth in investment treaties has led to a burgeoning number of international arbitration decisions that have applied and interpreted treaty provisions in disputes between investors and states concerning their respective rights. This flurry of treaties and arbitral decisions has seen the creation of a new branch of international law- the law of investment claims. In this revised edition, Jeswald Salacuse examines the law of international investment treaties, specifically in relation to its origins, structure, content, and effect, as well as their impact on international investors and investments, and the governments that are parties to them. Investment treaty law is a rapidly evolving field and since publication of the first edition, the law of international investment treaties has both experienced considerable growth and generated extensive controversy. 2011 saw the highest number of new treaty-based arbitration filed under international investment agreements to date, and in July 2014, the Yukos Universal Limited (Isle of Man) v The Russian Federation culminated with awards of over US$50 billion; a historic record for any arbitration. Controversy in this field has primarily revolved around the investor-state dispute settlement process, which as thus far involved at least 98 states as respondents. Salacuse captures these developments in this updated edition, examining not only the significant growth in treaties, but the trends that have followed, and their effect on the content and evolution of the law of investment treaties. Specific topics include conditions for the entry of foreign investment and general standards of treatment of foreign investments; monetary transfers; operational conditions; protection against expropriation; dispossession and compensation for losses; dispute settlement, including negotiation, arbitration, and conciliation; and judicial proceedings.

Economic Foundations of International Law

Economic Foundations of International Law

  • Author: Eric A. Posner,A. O Sykes
  • Publisher: Harvard University Press
  • ISBN: 0674067630
  • Category: Law
  • Page: 374
  • View: 2461
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Exchange of goods and ideas among nations, cross-border pollution, global warming, and international crime pose formidable questions for international law. Two respected scholars provide an intellectual framework for assessing these problems from a rational choice perspective and describe conditions under which international law succeeds or fails.

The Foundations of EU Data Protection Law

The Foundations of EU Data Protection Law

  • Author: Orla Lynskey
  • Publisher: Oxford University Press
  • ISBN: 0191028061
  • Category: Law
  • Page: 264
  • View: 1481
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Nearly two decades after the EU first enacted data protection rules, key questions about the nature and scope of this EU policy, and the harms it seeks to prevent, remain unanswered. The inclusion of a Right to Data Protection in the EU Charter has increased the salience of these questions, which must be addressed in order to ensure the legitimacy, effectiveness and development of this Charter right and the EU data protection regime more generally. The Foundations of EU Data Protection Law is a timely and important work which sheds new light on this neglected area of law, challenging the widespread assumption that data protection is merely a subset of the right to privacy. By positioning EU data protection law within a comprehensive conceptual framework, it argues that data protection has evolved from a regulatory instrument into a fundamental right in the EU legal order and that this right grants individuals more control over more forms of data than the right to privacy. It suggests that this dimension of the right to data protection should be explicitly recognised, while identifying the practical and conceptual limits of individual control over personal data. At a time when EU data protection law is sitting firmly in the international spotlight, this book offers academics, policy-makers, and practitioners a coherent vision for the future of this key policy and fundamental right in the EU legal order, and how best to realise it.

Principles of International Investment Law

Principles of International Investment Law

  • Author: Rudolf Dolzer,Christoph Schreuer
  • Publisher: OUP Oxford
  • ISBN: 0191632139
  • Category: Law
  • Page: 456
  • View: 1395
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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 vs 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 or practitioners alike.

Humanity at Sea

Humanity at Sea

Maritime Migration and the Foundations of International Law

  • Author: Itamar Mann
  • Publisher: Cambridge University Press
  • ISBN: 1316785297
  • Category: Political Science
  • Page: N.A
  • View: 6180
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This interdisciplinary study engages law, history, and political theory in a first attempt to crystallize the lessons the global 'refugee crisis' can teach us about the nature of international law. It connects the dots between the actions of Jewish migrants to Palestine after WWII, Vietnamese 'boatpeople', Haitian refugees seeking to reach Florida, Middle Eastern migrants and refugees bound to Australia, and Syrian refugees currently crossing the Mediterranean, and then legal responses by states and international organizations to these movements. Through its account of maritime migration, the book proposes a theory of human rights modelled around an encounter between individuals in which one of the parties is at great risk. It weaves together primary sources, insights from the work of twentieth-century thinkers such as Hannah Arendt and Emmanuel Levinas, and other legal materials to form a rich account of an issue of increasing global concern.

The Right to Development and International Economic Law

The Right to Development and International Economic Law

Legal and Moral Dimensions

  • Author: Isabella D Bunn
  • Publisher: Bloomsbury Publishing
  • ISBN: 1847319106
  • Category: Law
  • Page: 368
  • View: 1980
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The United Nations is commemorating the 25th anniversary of the 1986 Declaration on the Right to Development, which proclaimed the right to be: 'an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be realized'. The UN now aims to mainstream the right into its policies and operational activities, and is reviewing prospects for an internationally-binding legal instrument. The evolution of the right to development, however, has been dominated by debates about its conceptual validity and practical ramifications. It has been hailed as the cornerstone of the entire human rights system and criticized as a distracting ideological initiative. Questions also persist about the role of the right in reforming the international economic order. This book examines the legal and moral foundations of the right to development, addressing the major issues. It then considers the right to development in the global economy, noting the challenges of globalization and identifying key principles such as differential treatment of developing countries, participation and accountability. It relates the right to broad objectives such as the Millennium Development Goals, the human rights-based approach to development, and environmental sustainability. Implications for international economic law and policy in the areas of trade, development finance and corporate responsibility are assessed. The conclusion looks to the legal and ethical contributions - and limitations - of the right to development in this new context. With an academic and professional background in international law, human rights and moral theology, the author brings a unique interdisciplinary focus to this timely project.

The Political Economy of the Investment Treaty Regime

The Political Economy of the Investment Treaty Regime

  • Author: Jonathan Bonnitcha,Lauge N. Skovgaard Poulsen,Michael Waibel
  • Publisher: Oxford University Press
  • ISBN: 0192529838
  • Category: Business & Economics
  • Page: 336
  • View: 7186
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Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in international investment arbitration is growing and some developed and developing countries are beginning to revisit their investment treaty policies. The Political Economy of the Investment Treaty Regime synthesises and advances the growing literature on this subject by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, it asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment? Through a concise, but comprehensive, analysis, this book fills in some of the many "blind spots" of academics from different disciplines, and is the first port of call for lawyers, investors, policy-makers, and stakeholders trying to make sense of these critical instruments governing investor-state relations.