International Investment Law And Comparative Public Law
Download International Investment Law And Comparative Public Law full books in PDF, epub, and Kindle. Read online free International Investment Law And Comparative Public Law ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author | : Stephan W. Schill |
Publisher | : Oxford University Press |
Total Pages | : 922 |
Release | : 2010-10-14 |
Genre | : Law |
ISBN | : 0199589100 |
International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.
Author | : Stephan W. Schill |
Publisher | : Cambridge University Press |
Total Pages | : 491 |
Release | : 2009-08-20 |
Genre | : Law |
ISBN | : 0521762367 |
The book argues that international investment law is a structured body of law based on uniform principles of investment protection.
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.
Author | : Zena Prodromou |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 313 |
Release | : 2020-08-12 |
Genre | : Law |
ISBN | : 9403520019 |
In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.
Author | : Jürgen Kurtz |
Publisher | : Cambridge University Press |
Total Pages | : 0 |
Release | : 2018-04-12 |
Genre | : Law |
ISBN | : 9781108458252 |
International law has historically regulated foreign trade and foreign investment differently. Distinct evolutionary pathways have led to variances in treaty form, institutional culture, and dispute settlement. With their inevitable erosion through the late twentieth to early twenty-first centuries, those weak boundaries have become porous and indefensible. Powerful economic, legal and sociological factors are now pushing the two systems together. In this book, Jürgen Kurtz systematically explores the often complex and little-understood dynamics of this convergence phenomenon. Kurtz addresses the growing connections between international trade and investment law, proposing a theoretically grounded and doctrinally tractable framework to understand the deepening relationship between them. The book also offers reform ideas and possibilities, providing treaty negotiators and other government officials with a set of theoretical insights and doctrinal models that can guide actors in building a justifiable and sustainable level of commonality between the two legal systems.
Author | : Pierre-Marie Dupuy |
Publisher | : Oxford University Press |
Total Pages | : 646 |
Release | : 2009 |
Genre | : Law |
ISBN | : 0199578184 |
There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.
Author | : G. Matteo Vaccaro-Incisa |
Publisher | : BRILL |
Total Pages | : 437 |
Release | : 2021-04-26 |
Genre | : Law |
ISBN | : 9004443932 |
With his comparative and analytical review of China's treaty policy and practice in international investment law, Vaccaro-Incisa draws the most detailed, comprehensive, effective, and objective work ever published on this subject.
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.
Author | : Rudolf Dolzer |
Publisher | : Oxford University Press |
Total Pages | : 582 |
Release | : 2022-01-13 |
Genre | : Law |
ISBN | : 019267241X |
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-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, scholars, and practitioners alike.
Author | : Anthea Roberts |
Publisher | : Oxford University Press |
Total Pages | : 641 |
Release | : 2018 |
Genre | : Law |
ISBN | : 0190697571 |
Explains that international law is not a monolith but can encompass on-going contestation, in which states set forth competing interpretations Maps and explains the cross-country differences in international legal norms in various fields of international law and their application and interpretation in different geographic regions Organized into three broad thematic sections of conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas Chapters authored by contributors who include top international law and comparative law scholars all from diverse backgrounds, experience, and perspectives.