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| Author | : Martin Jarrett |
| Publisher | : Cambridge University Press |
| Total Pages | : 207 |
| Release | : 2019-07-11 |
| Genre | : Law |
| ISBN | : 110848140X |
Often derided for its asymmetry, this book shows how investors can be held to account in international investment law.
| Author | : C. L. Lim |
| Publisher | : Cambridge University Press |
| Total Pages | : 687 |
| Release | : 2021-03-11 |
| Genre | : Law |
| ISBN | : 1108842992 |
A new edition connecting extracts from arbitral decisions, treaties and scholarly works with concise, up-to-date and reliable commentary.
| Author | : Anna Kozyakova |
| Publisher | : Springer Nature |
| Total Pages | : 266 |
| Release | : 2020-11-12 |
| Genre | : Law |
| ISBN | : 3030548554 |
This book examines the issue of foreign investor misconduct in modern international investment law, focusing on the approach that international investment law as it currently operates has developed towards foreign investor misconduct. The term ‘misconduct’ is not a legal notion, but is used to describe a certain phenomenon, namely, a group/class of actions. This term is convenient since it makes it possible to introduce and describe the phenomenon as such, without a division into concrete types of conduct, like ‘abuse of process’, ‘violation of national law’, ‘corruption’, ‘investment contrary to international norms and standards’, etc. The term ‘misconduct’ is intended to embrace various kinds of conduct on the part of foreign investors that the system of international investment law does not accept – such as that which it regards as illegal, against public policy, or otherwise inappropriate – and triggers legal consequences. Rarely, however, does international investment law clearly articulate what it considers unacceptable investor conduct, and certainly not in any systematic fashion. As such, this book addresses the following questions: What types of investors’ conduct are legally unacceptable? What mechanisms are available to deal with unacceptable investors’ conduct, and what are the legal consequences?
| Author | : Cory H. Kent |
| Publisher | : BRILL |
| Total Pages | : 235 |
| Release | : 2021-03-01 |
| Genre | : Law |
| ISBN | : 9004450165 |
Social License and Dispute Resolution in the Extractive Industries is a broad collection offering insights from both renowned academics and practitioners on the intersection of international dispute resolution and the social license to operate in the extractive industries.
| Author | : Sandy Steel |
| Publisher | : Cambridge University Press |
| Total Pages | : 461 |
| Release | : 2015-09-11 |
| Genre | : Law |
| ISBN | : 1107049105 |
A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.
| Author | : Marc Bungenberg |
| Publisher | : Springer Nature |
| Total Pages | : 449 |
| Release | : 2021-11-05 |
| Genre | : Law |
| ISBN | : 3030590712 |
Volume 11 of the EYIEL focuses on rights and obligations of business entities under international economic law. It deals with the responsibilities of business entities as well as their special status in various subfields of international law, including human rights, corruption, competition law, international investment law, civil liability and international security law. The contributions to this volume thus highlight the significance of international law for the regulation of business entities. In addition, EYIEL 11 addresses recent challenges, developments as well as events in European and international economic law such as the 2019 elections to the European Parliament, Brexit and the EU-Mercosur Free Trade Agreement. A series of essays reviewing new books on international trade and investment law completes the volume.
| Author | : Catharine Titi |
| Publisher | : Oxford University Press |
| Total Pages | : 225 |
| Release | : 2021 |
| Genre | : Law |
| ISBN | : 0198868006 |
Drawing on a large and varied body of judicial and arbitral case law, this book provides a comprehensive, original, and up-to-date account of the role of equity in international law.
| Author | : Maria Elander |
| Publisher | : Routledge |
| Total Pages | : 196 |
| Release | : 2018-06-12 |
| Genre | : Law |
| ISBN | : 0429492057 |
Most discourses on victims in international criminal justice take the subject of victims for granted, as an identity and category existing exogenously to the judicial process. This book takes a different approach. Through a close reading of the institutional practices of one particular court, it demonstrates how court practices produce the subjectivity of the victim, a subjectivity that is profoundly of law and endogenous to the enterprise of international criminal justice. Furthermore, by situating these figurations within the larger aspirations of the court, the book shows how victims have come to constitute and represent the link between international criminal law and the enterprise of transitional justice. The book takes as its primary example the Extraordinary Chambers in the Courts of Cambodia (ECCC), or the Khmer Rouge Tribunal as it is also called. Focusing on the representation of victims in crimes against humanity, victim participation and photographic images, the book engages with a range of debates and scholarship in law, feminist theory and cultural legal theory. Furthermore, by paying attention to a broader range of institutional practices, Figuring Victims makes an innovative scholarly contribution to the debates on the roles and purposes of international criminal justice.
| 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 | : Aloysius P. Llamzon |
| Publisher | : Oxford International Arbitrati |
| Total Pages | : 0 |
| Release | : 2014 |
| Genre | : Law |
| ISBN | : 9780198714262 |
This is the first comprehensive study of corruption in international investment arbitration. The book considers the limited effectiveness of efforts to combat transnational corruption in international law and the emergence of international investment arbitration as a singular means foreffective control of corruption within the international legal order. The case law on corruption by investment tribunals is studied exhaustively, jurisprudential trends are identified, and reforms aimed at enhancing the effectiveness and fairness of investment arbitration as a mechanism to combatcorruption are proposed.Divided into three parts, part I focus on the phenomenon of corruption in foreign investment and attempts at its control through international law. Part II analyses the available case law in international investment arbitration dealing with corruption. Llamzon identifies nine distinct trendsemerging from the case law and provides a table summarizing the key areas of corruption decision-making and each relevant tribunal's approach, which is an invaluable tool for practitioners engaging in "live" issues of corruption within arbitral proceedings. Part III reflects on the implications ofthese trends for both the "supply" and "demand" sides of corruption in international law, and proposes a integrative framework of decision for corruption issues in international investment arbitration.
