The Legal Protection Of Foreign Investment
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Author | : M. Sornarajah |
Publisher | : Cambridge University Press |
Total Pages | : 555 |
Release | : 2010-05-06 |
Genre | : Law |
ISBN | : 0521763274 |
This book is a thought-provoking and authoritative text on this fast moving field of international law.
Author | : Aniruddha Rajput |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 280 |
Release | : 2016-04-24 |
Genre | : Law |
ISBN | : 904118614X |
India is one of the fastest growing economies and intends to achieve the desired growth with the help of foreign investment. Recently, India terminated all the existing Bilateral Investment Treaties (BITs) and announced to renegotiate them based on the newly issued Model BIT. This book is the first comprehensive commentary and analyses of international investment law with focus on India. It offers detailed examination of India’s legal position in relation to protection of foreign investment and the impact of investment treaty arbitration and related jurisprudence on the country’s governance structures and regulatory framework. Additionally, it reflects upon the political and economic rationales for the policy on foreign investment. Among the matters discussed are the following: • jurisprudence of investment tribunals, with focus on cases where India was a party (White Industries v. India); • impact of the Make in India campaign and other reforms on foreign investment; • requirement of valid entry and operation of foreign investment; • prominent treatment standards such as expropriation, fair and equitable treatment, full protection and security, most favoured nation, and national treatment; • dispute resolution clauses and enforcement of investment arbitration awards; • interaction of protection of foreign investment and the Indian judiciary; and • reasons for India not joining the ICSID Convention. Given India’s position as a hugely influential player in the cross-border movement of capital, with the willingness to ‘change the rules’ on foreign investment and investment treaty arbitration worldwide, this book will prove of immeasurable value to practitioners, legal academics, interested policy makers, multinational corporations and their counsel and others interested in international investment law and India.
Author | : Eric De Brabandere |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 312 |
Release | : 2014-06-05 |
Genre | : Business & Economics |
ISBN | : 9004244719 |
Foreign investments in the energy sector raise formidable legal questions, often requiring a delicate balance between private and public interests of the various stakeholders. Foreign Investment in the Energy Sector: Balancing Private and Public Interests opens with a discussion of the legal protection of foreign investment in the main segments of the energy sector (namely oil, gas, mining and hydroelectric industry), both in substantive and procedural terms. This second part of the book focuses on the Energy Charter Treaty, by far the most important international legal instrument in the energy sector, and its future after the decision of the Russian Federation not to ratify it. In its third part, the book examines four critical areas that are often negatively concerned by economic activities by multinational in the energy sector, namely compliance with safety and labour standards, protection of the environment, respect of indigenous peoples rights, and protection of public health. Foreign Investment in the Energy Sector: Balancing Private and Public Interests, a comprehensive collection of essays from experts and practitioners, offers an important new resource to the field.
Author | : Daniel de Andrade Levy |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Business & Economics |
ISBN | : 9789041149619 |
"Showing unambiguously that Brazil in fact enjoys a stable legal system which grants foreign direct investment the same material and procedural rights as national direct investment, the contributors to this book provide a truly informative and useful guide for those who work with law and policy in international investment."--Publisher's website
Author | : Jure Zrilic |
Publisher | : |
Total Pages | : 321 |
Release | : 2019 |
Genre | : Business & Economics |
ISBN | : 0198830378 |
Foreign investors often sustain injuries during international armed conflicts. This book sets out to explore how effective investment treaty protections really are. It designs an analytical framework that purports to explain and evaluate how effective and appropriate the application of the investment treaty regime is in times of armed conflict.
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 | : 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 | : Nicolás M. Perrone |
Publisher | : Oxford University Press, USA |
Total Pages | : 273 |
Release | : 2021-02-11 |
Genre | : Law |
ISBN | : 0198862148 |
This book brings a new perspective to the subject of international investment law, by tracing the origins of foreign investor rights. It shows how a group of business leaders, bankers, and lawyers in the mid-twentieth century paved the way for our current system of foreign investment relations, and the investor-state dispute settlement mechanism.
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 | : Giorgio Sacerdoti |
Publisher | : Cambridge University Press |
Total Pages | : 479 |
Release | : 2014-05-29 |
Genre | : Law |
ISBN | : 1107050235 |
Analyses bilateral treaties and regional agreements on foreign investments, focussing particularly on measures taken in the context of economic crises.