Reassertion Of Control Over The Investment Treaty Regime
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| Author | : Andreas Kulick |
| Publisher | : Cambridge University Press |
| Total Pages | : 411 |
| Release | : 2016-12-15 |
| Genre | : Law |
| ISBN | : 131678116X |
Driven by public opinion in host states, contracting parties to investment agreements are pursuing many avenues in order to curb a system that is being perceived - correctly or not - as having run out of control. Reassertion of Control over the Investment Treaty Regime is the first book of its kind to examine the many issues of procedure, substantive law, and policy which arise from this trend. From procedural aspects such as frivolous claims mechanisms, the establishment of appeals mechanism or state-state arbitration, to substantive issues such as joint interpretations, treaty termination or detailed definitions of standards of protection, the book identifies and discusses the main means by which states do or may reassert their control over the interpretation and application of investment treaties. Each chapter tackles one of these avenues and evaluates its potential to serve as an instrument in states' reassertion of control.
| Author | : Andreas Kulick |
| Publisher | : Cambridge University Press |
| Total Pages | : 411 |
| Release | : 2017 |
| Genre | : Business & Economics |
| ISBN | : 1107172659 |
This book identifies a paradigm shift in international investment law and enquires into how states reassert control over investment treaties.
| Author | : Andreas Kulick |
| Publisher | : |
| Total Pages | : |
| Release | : 2016 |
| Genre | : International commercial arbitration |
| ISBN | : 9781316783009 |
This book identifies a paradigm shift in international investment law and enquires into how states reassert control over investment treaties.
| Author | : Patrick Dumberry |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 515 |
| Release | : 2018-07-27 |
| Genre | : Law |
| ISBN | : 1788116615 |
A Guide to State Succession in International Investment Law provides a comprehensive analysis of State succession issues arising in the context of international investment law. The author examines whether a successor State is bound by the investment treaties and State contracts which the predecessor State had signed with other States and foreign investors before the date of succession. Actors who are called upon to apply rules of State succession in investment arbitration cases will find this book a valuable source of practical guidance with strong theoretical foundations.
| Author | : Dimitrij Euler |
| Publisher | : Cambridge University Press |
| Total Pages | : 413 |
| Release | : 2015-08-10 |
| Genre | : Education |
| ISBN | : 1107077931 |
This in-depth commentary analyses the new UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration.
| Author | : Tarcisio Gazzini |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 363 |
| Release | : 2012-08-22 |
| Genre | : Law |
| ISBN | : 9004214534 |
Transnational investment involves a variety of actors (States, public and private legal entities, and natural persons) whose relationships are governed by rules and legal instruments belonging to different legal systems. This book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction. It focuses primarily on the network of over 3,000 Bilateral Investment Treaties, international investment contracts, customary international law, the main multilateral treaties, national legislation, international case law and general principles of law. The book, firmly based on State practice, arbitral awards and national decisions, is indispensable to fully appraise the nature and content of the claims of private investors as well as to identify the law applicable in investment arbitration.
| Author | : Roberto Echandi |
| Publisher | : Cambridge University Press |
| Total Pages | : 495 |
| Release | : 2013-04-18 |
| Genre | : Law |
| ISBN | : 1107035864 |
Addresses the most central debates in contemporary investment law and policy.
| Author | : Rodrigo Polanco |
| Publisher | : Cambridge University Press |
| Total Pages | : 373 |
| Release | : 2019-01-10 |
| Genre | : Law |
| ISBN | : 1108473385 |
This book examines the role of home states to investment disputes and questions whether it represents a return to diplomatic protection.
| Author | : Tanja Aalberts |
| Publisher | : Cambridge University Press |
| Total Pages | : 273 |
| Release | : 2018-04-05 |
| Genre | : Law |
| ISBN | : 1108425976 |
Countering mainstream theories, this book focuses on the expanding institutionalisation of international law.
| Author | : Andreas Kulick |
| Publisher | : Cambridge University Press |
| Total Pages | : 412 |
| Release | : 2012-07-12 |
| Genre | : Law |
| ISBN | : 1139510886 |
The strengths of international investment law - above all, a strong focus on investor interests and an effective adjudication and enforcement system - also entail its weaknesses: it runs the danger of impeding or even sanctioning the host states' legitimate regulatory interests and ignoring other fields of public international law. How does it cope with public interest concerns such as human rights, the environment or the fight against corruption? At the heart of this book lies a fresh approach towards a general theory of such global public interest considerations in the investment realm. Delineating how and why those considerations matter, and why the current system does not accommodate them properly, Andreas Kulick fleshes out general principles and customary international law as defences the host state may raise against alleged investor rights infringements and promotes proportionality as the appropriate balancing mechanism.
