Principles Of International Investment Law
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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 | : Rudolf Dolzer |
Publisher | : OUP Oxford |
Total Pages | : 1959 |
Release | : 2008-02-28 |
Genre | : Law |
ISBN | : 0191021644 |
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. The book 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 State vs. State and 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 new to the field.
Author | : Andrea Gattini |
Publisher | : BRILL |
Total Pages | : 475 |
Release | : 2018-05-29 |
Genre | : Law |
ISBN | : 9004368388 |
General Principles of Law in Investment Arbitration surveys the function of general principles in the field of international investment law, particularly in investment arbitration. The authors’ analysis provides a representative case study of how this informal source operates alongside and in the absence of other sources of applicable law. The contributions are divided into two parts, devoted respectively to substantive principles and procedural ones. The principles discussed in the book are selected for their currency in the practice, their contested nature and their relevance.
Author | : Mitchell, Andrew D. |
Publisher | : Edward Elgar Publishing |
Total Pages | : 272 |
Release | : 2021-09-21 |
Genre | : Law |
ISBN | : 1788973674 |
This essential book discusses a wide range of important legal principles such as procedural fairness and reasonableness in the context of international trade and investment law. Using comparative methodology, the authors examine how those principles are reflected in treaties and how they are employed by adjudicators resolving disputes.
Author | : Krista Nadakavukaren Schefer |
Publisher | : |
Total Pages | : 0 |
Release | : 2016 |
Genre | : International commercial arbitration |
ISBN | : 9781785360077 |
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.
Author | : David Collins |
Publisher | : Cambridge University Press |
Total Pages | : 385 |
Release | : 2023-01-31 |
Genre | : Law |
ISBN | : 1009245686 |
Concise introduction to the dynamic field of international investment law which sets out the key legal concepts and engages with current debates.
Author | : Ioana Tudor |
Publisher | : Oxford University Press, USA |
Total Pages | : 348 |
Release | : 2008 |
Genre | : Business & Economics |
ISBN | : 0199235066 |
This text analyses the conventional and customary framework of the fair and equitable treatment clauses commonly found in bilateral investment treaties (BITs) and charts how these clauses have become norms of customary international law.
Author | : Surya P Subedi |
Publisher | : Bloomsbury Publishing |
Total Pages | : 410 |
Release | : 2024-03-21 |
Genre | : Law |
ISBN | : 1509975187 |
'...This book [...] goes beyond stating what the law is and focuses on controversies occurring within this area of the law... an excellent introduction to this complex area of international law for newcomers to the subject' Kate Miles, Australian International Law Journal The updated edition of this acclaimed book offers a critical overview of the law of foreign investment, incorporating a thorough analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives. A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to restrict unduly the right of host governments to implement their public policy on the other, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country. Many of the pioneering ideas that were advanced in the first edition of this book have been taken up by governments and international organisations in their attempts to reform the investor-State dispute settlement mechanism and strike a balance between different competing principles in developing international investment law. Accordingly, this fifth edition captures the essence of the ongoing multiple reform processes – either planned or envisaged – currently underway.
Author | : Zachary Douglas |
Publisher | : Oxford University Press, USA |
Total Pages | : 586 |
Release | : 2014-02 |
Genre | : Law |
ISBN | : 019968538X |
Bringing together conceptual theories of international investment law with the practical application of the law in treaty arbitration, this book investigates the key controversies in the field. It provides a detailed examination of how a different theoretical approach would have led to a different outcome in a number of important arbitral awards.
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.