Incomplete International Investment Agreements

Incomplete International Investment Agreements
Author: Park, Tae J.
Publisher: Edward Elgar Publishing
Total Pages: 192
Release: 2022-03-15
Genre: Law
ISBN: 1802202439

This timely book is a comprehensive analysis of incomplete International Investment Agreements (IIAs), featuring insights from negotiating experiences in a number of bilateral and multilateral investment treaties. It examines problems, causes, and solutions surrounding this phenomenon by employing incomplete contract theory, and opens new avenues in discussing how to correct incomplete IIAs.

Incomplete International Investment Agreements

Incomplete International Investment Agreements
Author: Tae J. Park
Publisher: Edward Elgar Publishing
Total Pages: 192
Release: 2022-03-28
Genre:
ISBN: 9781802202427

This timely book is a comprehensive analysis of incomplete International Investment Agreements (IIAs), featuring insights from negotiating experiences in a number of bilateral and multilateral investment treaties. It examines problems, causes, and solutions surrounding this phenomenon by employing incomplete contract theory and opens new avenues in discussing how to correct incomplete IIAs. Throughout the book, the author challenges the fundamental assumption that most IIAs are concluded in a complete manner and emphasizes the importance of accounting for the fact that IIAs are often concluded without significant investment protection articles and are subject to renegotiation. Park applies various interdisciplinary approaches, including incomplete contract theory and development theory, to illustrate how countries easily postpone their treaty negotiations and are willing to renegotiate to remedy incomplete IIAs. Furthermore, he depicts the reality of treaty negotiation in recent years, helping readers to understand how countries are failing to negotiate complete IIAs and how utilizing an economics approach could analyse and resolve this issue. Offering a useful and practical contribution to the discussion on the resolution of incomplete IIAs, this book will be key reading for academics and researchers within the fields of commercial law, international economic law, trade law and international investment law. It is also a must-read book for both government officers and investment treaty lawyers in all countries involved with Free Trade Agreements.

International Investment Law

International Investment Law
Author: Arnaud de Nanteuil
Publisher: Edward Elgar Publishing
Total Pages: 439
Release: 2020-02-28
Genre: Law
ISBN: 1788975898

This comprehensive book provides a complete overview of the international legal system of foreign investment protection, synthesising material from treaties, general international law, contracts and case law to demonstrate a coherent system of investment protection. Through this systematic approach, the book considers all aspects of the discipline, providing a thorough and accessible analysis.

State Responsibility for Breaches of Investment Contracts

State Responsibility for Breaches of Investment Contracts
Author: Jean Ho
Publisher: Cambridge University Press
Total Pages: 379
Release: 2018-10-25
Genre: Business & Economics
ISBN: 1108415849

This book critically analyses the origins, the creation, and the evolution of an international law on investment contract protection.

The Effect of Treaties on Foreign Direct Investment

The Effect of Treaties on Foreign Direct Investment
Author: Karl P Sauvant
Publisher: Oxford University Press
Total Pages: 795
Release: 2009-03-27
Genre: Law
ISBN: 0199745188

Over the past twenty years, foreign direct investments have spurred widespread liberalization of the foreign direct investment (FDI) regulatory framework. By opening up to foreign investors and encouraging FDI, which could result in increased capital and market access, many countries have improved the operational conditions for foreign affiliates and strengthened standards of treatment and protection. By assuring investors that their investment will be legally protected with closed bilateral investment treaties (BITs) and double taxation treaties (DTTs), this in turn creates greater interest in FDI.

Contractual Renegotiations and International Investment Arbitration

Contractual Renegotiations and International Investment Arbitration
Author: Aikaterini Florou
Publisher: BRILL
Total Pages: 261
Release: 2020-03-02
Genre: Law
ISBN: 9004407472

In Contractual Renegotiations and International Investment Arbitration, Aikaterini Florou explores the sensitive issues of renegotiating state contracts and the relationship between those contracts and the overarching international investment treaties. By introducing novel insights from economics, the author deconstructs the contract-treaty interaction, demonstrating that it is not only treaties that impact the underlying contracts, but also that those contracts have an effect on the way the open-textured treaty standards are interpreted. The originality of the argument is combined with an innovative interpretative methodology based on relational contract theory and transaction cost economics. Departing from the traditional emphasis of international lawyers on the text of investment contracts, Florou shows instead that such contracts are first and foremost “economic animals” and the theory of obsolescing bargaining does not paint a full picture of the contract-treaty interaction.

Transparency in International Law

Transparency in International Law
Author: Andrea Bianchi
Publisher: Cambridge University Press
Total Pages: 641
Release: 2013-11-07
Genre: Law
ISBN: 1107470242

While its importance in domestic law has long been acknowledged, transparency has until now remained largely unexplored in international law. This study of transparency issues in key areas such as international economic law, environmental law, human rights law and humanitarian law brings together new and important insights on this pressing issue. Contributors explore the framing and content of transparency in their respective fields with regard to proceedings, institutions, law-making processes and legal culture, and a selection of cross-cutting essays completes the study by examining transparency in international law-making and adjudication.

International Investment Treaties and Arbitration Across Asia

International Investment Treaties and Arbitration Across Asia
Author: Julien Chaisse
Publisher: BRILL
Total Pages: 725
Release: 2017-12-18
Genre: Law
ISBN: 9004360107

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.

The Origins of International Investment Law

The Origins of International Investment Law
Author: Kate Miles
Publisher: Cambridge University Press
Total Pages: 499
Release: 2013-10-24
Genre: Law
ISBN: 1107039398

An examination of the origins of international investment law and their continued resonance in the twenty-first century.