International Investment Law: Understanding Concepts and Tracking Innovations A Companion Volume to International Investment Perspectives

International Investment Law: Understanding Concepts and Tracking Innovations A Companion Volume to International Investment Perspectives
Author: OECD
Publisher: OECD Publishing
Total Pages: 344
Release: 2008-03-14
Genre:
ISBN: 9264042032

A comprehensive source of information on four key issues: the definition of investor and investment; the interpretation of umbrella clauses in investment agreements; coverage of environmental, labour and anti-corruption issues; and the interaction between investment and services chapters in RTAs.

Custom and its Interpretation in International Investment Law: Volume 2

Custom and its Interpretation in International Investment Law: Volume 2
Author: Panos Merkouris
Publisher: Cambridge University Press
Total Pages: 433
Release: 2023-11-30
Genre: Law
ISBN: 1009255452

At first glance, one may think of international investment law as a response to custom (or lack thereof), instead of a field of its application. However, in fact, the opposite is the case. The interpretation and application of customary rules and principles are the bread and butter of international investment law and arbitration. With a diverse range of expert contributors, this collection traces how customary international law is practised in international investment law. It considers how custom should be interpreted and how its rules and principles should be understood and applied by investor-state arbitral tribunals. Raising and addressing vital questions surrounding custom and international law, this collection is a necessary contribution to the scholarship of the theory and history of customary international law and international investment law. This title is also available as Open Access on Cambridge Core.

International Investment Perspectives 2006

International Investment Perspectives 2006
Author: OECD
Publisher: OECD Publishing
Total Pages: 264
Release: 2006-09-18
Genre:
ISBN: 9264026908

Reviews recent developments in foreign direct investment, with a special focus on international investment agreements.

Application of Most-Favoured-Nation Clauses by Investor-State Arbitral Tribunals

Application of Most-Favoured-Nation Clauses by Investor-State Arbitral Tribunals
Author: Tanjina Sharmin
Publisher: Springer Nature
Total Pages: 314
Release: 2020-04-01
Genre: Law
ISBN: 9811537305

This book comprehensively examines various issues regarding the scope of Most-Favoured Nation (MFN) Clauses in International Investment Agreements (IIAs), and addresses the reform, interpretation, and enforcement of IIAs with a specific focus on the MFN clause. The book begins with a study of the history and evolution of the MFN. It then presents a substantive analysis focusing on the drafting style and how it affects the scope of the MFN; rules of interpretation and arbitral case law on the scope of the MFN, procedural prerequisites to arbitration and jurisdiction of arbitral tribunals, and the implications of adopting an expansive approach to the MFN clause. The book’s argument centres on the need for arbitral tribunals to interpret the MFN in a manner that reflects the expressed intent of the parties. This requires taking into consideration the text of the MFN, its purpose, and the overall context of the IIA, rather than relying on values and assumptions that have nothing to do with the original intent of the parties. In making this argument, the book draws on Articles 31 and 32 of the Vienna Convention on the Law of Treaties and other interpretative rules. What sets the book apart is its comprehensive coverage of issues concerning the interpretation and application of the MFN in IIAs. At the same time, it addresses issues in connection with an expansive interpretation of MFN clauses, as well as concerns regarding the legitimacy crisis in investor-state arbitration. Accordingly, it contributes to future Investor-State Dispute Settlement (ISDS) reform, while also offering a wealth of theoretical and practical insights for future treaty drafters, arbitrators, and policymakers.

International Investment Law and Legal Theory

International Investment Law and Legal Theory
Author: Jörg Kammerhofer
Publisher: Cambridge University Press
Total Pages: 391
Release: 2021-05-06
Genre: Law
ISBN: 1108839177

A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.

International Investment Law and Soft Law

International Investment Law and Soft Law
Author: Andrea K. Bjorklund
Publisher: Edward Elgar Publishing
Total Pages: 345
Release: 2012-01-01
Genre: Law
ISBN: 178100322X

This important book examines the development of soft law instruments in international investment law and the feasibility of a 'codification' of the present state of this field of international economic law. It draws together the views of international experts on the use of soft law in international law generally and in discrete fields such as WTO, commercial, and environmental law. The book assesses whether investment law has sufficiently coalesced over the last 50 years to be 'codified' and focuses particularly on topical issues such as most-favoured-nation treatment and expropriation. This timely book will appeal to academics interested in the development of international law and legal theory, to those working in investment law, Government investment treaty negotiators and arbitration practitioners.

Standards of Investment Protection

Standards of Investment Protection
Author: August Reinisch
Publisher: Oxford University Press
Total Pages: 301
Release: 2008
Genre: Law
ISBN: 0199547432

This volume examines the standards of treatment, demanded from host states, that form the basis of contemporary international investment protection. Practitioners and academics analyse the interpretation of core standards in arbitration proceedings, and present the emerging judicial consensus shaping their practical application.

Connected Accountabilities: Environmental Justice and Global Citizenship

Connected Accountabilities: Environmental Justice and Global Citizenship
Author: Sivaram Vemuri
Publisher: BRILL
Total Pages: 255
Release: 2020-05-18
Genre: Political Science
ISBN: 1848880146

These chapters are all based on earlier versions presented and discussed at the Ecological Justice and Global citizenship conference in Mansfield College, Oxford in 2008. They provide an indication of the breadth of research and debate on environmental issues and provide a number of interesting perspectives.