Investment Promotion And Protection Treaties
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Author | : United Nations Conference on Trade and Development |
Publisher | : Unctad Series on International |
Total Pages | : 124 |
Release | : 2008 |
Genre | : Business & Economics |
ISBN | : |
Investment promotion covers all activities and measures aimed at creating favourable determinants for foreign investment in the host country. This publication focuses on the international agreements on the promotion and protection of foreign investment. The study provides an overview as to what extent current international investment agreements (IIA) practice explicitly deals with investment promotion and to explore ways on how investment promotions aspect of IIA could be enhanced. It also seeks to fill a gap in research and policy analysis.
Author | : Andrew Paul Newcombe |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 644 |
Release | : 2009-01-01 |
Genre | : Political Science |
ISBN | : 9041123512 |
The book focuses on the substantive protections accorded to investors and investments and on the variations among jurisdictions. Among the many specific issues and topics that arise in the course of the discussion are the following: - problems of transparency and conflict of interest; - the recent growth in IIAs between and among developing nations; - the effect of new model bilateral investment treaties (BITs); - the ability of non-disputing parties to participate in investor-state arbitration; - theories of the interaction of foreign direct investment (FDI) and BITs; - investor-state arbitration as an evasion of public regulatory authority; - the role of investment funds in international investment; - 'fork in the road' provisions; and - institutional versus ad hoc arbitration. 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 development of principles in a quickly growing field of practice that is still plagued with inconsistencies.
Author | : |
Publisher | : |
Total Pages | : 0 |
Release | : 1983 |
Genre | : Investments |
ISBN | : |
Author | : John Anthony VanDuzer |
Publisher | : Commonwealth Secretariat |
Total Pages | : 605 |
Release | : 2013 |
Genre | : Business & Economics |
ISBN | : 1849290865 |
This Guide is designed to assist developing countries to negotiate International Investment Agreements (IIAs) that are more effective in promoting their sustainable development. A useful reference tool for developing country negotiators and interested parties.
Author | : Armand De Mestral |
Publisher | : Routledge |
Total Pages | : 442 |
Release | : 2013-02-11 |
Genre | : Law |
ISBN | : 1136260706 |
This book presents the reflections of a group of researchers interested in assessing whether the law governing the promotion and protection of foreign investment reflects sound public policy. Whether it is the lack of "checks and balances" on investor rights or more broadly the lack of balance between public rights and private interests, the time is ripe for an in-depth discussions of current challenges facing the international investment law regime. Through a survey of the evolution in IIA treaty-making and an evaluation from different perspectives, the authors take stock of developments in international investment law and analyze potential solutions to some of the criticisms that plague IIAs. The book takes a multidisciplinary approach to the subject, with expert analysis from legal, political and economic scholars. The first part of the book traces the evolution of IIA treaty-making whilst the other three parts are organised around the concepts of efficiency, legitimacy and sustainability. Each contributor analyzes one or more issues related to substance, treaty negotiation, or dispute resolution, with the ultimate aim of improving IIA treaty-making in these respects. Improving International Investment Agreements will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.
Author | : Rudolf Dolzer |
Publisher | : BRILL |
Total Pages | : 350 |
Release | : 2023-12-04 |
Genre | : Law |
ISBN | : 9004641904 |
Author | : Jeswald W. Salacuse |
Publisher | : OUP Oxford |
Total Pages | : 529 |
Release | : 2015-06-04 |
Genre | : Law |
ISBN | : 0191009148 |
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.
Author | : Jonathan C. Hamilton |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 646 |
Release | : 2012-05-10 |
Genre | : Law |
ISBN | : 9004218645 |
Latin American Investment Protections provides a unique country-by-country discussion of legal protections and dispute resolution/arbitration relating to foreign investment in Latin America, including applicable national laws, international treaties, stabilization regimes and known investor-State disputes.
Author | : |
Publisher | : |
Total Pages | : 0 |
Release | : 2023-10-13 |
Genre | : |
ISBN | : 9780197675878 |
Author | : Catharine Titi |
Publisher | : Bloomsbury Publishing |
Total Pages | : 463 |
Release | : 2014-12-01 |
Genre | : Law |
ISBN | : 1782253971 |
Since the inception of the international investment law system, investment promotion and protection have been the raison d'ĂȘtre of investment treaties and states have confined their policy space in order to attract foreign investment and protect their investors abroad. Languishing in relative obscurity until recently, the right to regulate has gradually come to the spotlight as a key component of negotiations on new generation investment agreements around the globe. States and regional organisations, including, notably, the European Union and the United States, have started to examine ways in which to safeguard their regulatory power and guide - and delimit - the interpretive power of arbitral tribunals, by reserving their right to pursue specific public policy objectives. The monograph explores the status quo of the right to regulate, in order to offer an appraisal and a reference tool for treatymakers, thus contributing to a better understanding of the concept and the broader discourse on how to enhance the investment law system's legitimacy.