International Investment Political Risk And Dispute Resolution
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Author | : Noah Rubins |
Publisher | : Oxford University Press, USA |
Total Pages | : 656 |
Release | : 2020 |
Genre | : Law |
ISBN | : 9780198808053 |
A vital text for practitioners and academics this book integrates the international law of political risk with the domestic, political, and economic considerations central to assessing risk. It offers a detailed analysis of pre-investment decisions that can reduce political risk, treaties protecting investment, and international dispute resolution.
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 | : Catharine Titi |
Publisher | : Springer Nature |
Total Pages | : 205 |
Release | : 2021 |
Genre | : Conflict management |
ISBN | : 3030589161 |
This open access book focuses on public actors with a role in the settlement of investment disputes. Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.
Author | : Catharine Titi |
Publisher | : Oxford University Press, USA |
Total Pages | : 417 |
Release | : 2019 |
Genre | : Law |
ISBN | : 0198827954 |
Until now, the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration. But that is changing. Whilst they may be complementary mechanisms, international mediation and conciliation are now coming to the fore. Mediation rules that were in disuse gather momentum, and dispute settlement centres are introducing new mediation rules. The European Union is encouraging international mediation in both the commercial and investment spheres. The 2019 Singapore Mediation Convention of the United Nations Commission on International Trade Law (UNCITRAL) is aiming to ensure enforcement of international commercial settlement agreements resulting from mediation. The first investor-State disputes are mediated under the International Bar Association (IBA) rules. The International Centre for Settlement of Investment Disputes (ICSID)'s conciliation mechanism is resorted to more often than in the past. The International Chamber of Commerce (ICC) has recently administered its first mediation case based on a bilateral investment treaty, and a new training market on mediation is flourishing. Mediation in Commercial and Investment Disputes brings together a line-up of outstanding, highly-qualified experts from academia, mediation and arbitration institutions, and international legal practice, to address this highly topical, complex subject from a variety of angles.
Author | : Borzu Sabahi |
Publisher | : BRILL |
Total Pages | : 70 |
Release | : 2018-07-17 |
Genre | : Law |
ISBN | : 9004363033 |
International Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution. Particularly, this paper presents a roadmap over the historical context within which investor-State arbitration developed. It provides an overview of the main actors, the protections afforded to foreign investors, the content of modern BITs, and the challenges facing the system today.
Author | : Peter Muchlinski |
Publisher | : OUP Oxford |
Total Pages | : 1352 |
Release | : 2008-06-26 |
Genre | : Law |
ISBN | : 0191552364 |
The Oxford Handbooks series is a major new initiative in academic publishing. Each volume offers an authoritative and state-of-the-art survey of current thinking and research in a particular subject area. Specially commissioned essays from leading international figures in the discipline give critical examinations of the progress and direction of debates. Oxford Handbooks provide scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social sciences. The Oxford Handbook of International Investment Law aims to provide the first truly exhaustive account of the current state and future development of this important and topical field of international law. The Handbook is divided into three main parts. Part One deals with fundamental conceptual issues, Part Two deals with the main substantive areas of law, and Part Three deals with the major procedural issues arising out of the settlement of international investment disputes. The book has a policy-oriented introduction, setting the more technical chapters that follow in their policy environment within which contemporary norms for international foreign investment law are evolving. The Handbook concludes with a chapter written by the editors to highlight the major conclusions of the collection, to identify trends in the existing law, and to look forward to the future development of this field.
Author | : Arnaud de Nanteuil |
Publisher | : Edward Elgar Publishing |
Total Pages | : 408 |
Release | : 2020-02-28 |
Genre | : Law |
ISBN | : 1788975898 |
This comprehensive book provides a complete overview of the international legal system of foreign investment protection, synthesising material from treaties, general international law, contracts and case law to demonstrate a coherent system of investment protection. Through this systematic approach, the book considers all aspects of the discipline, providing a thorough and accessible analysis.
Author | : Noah Rubins |
Publisher | : |
Total Pages | : 840 |
Release | : 2005 |
Genre | : Business & Economics |
ISBN | : |
An ideal practitioner's tool, this book clearly examines international law and provides practical steps that can be taken to minimize political risk and to deal with expropriation when it occurs. A systematic format covers relevant international law; defines political risk in general and in its most common forms; discusses available investment treaties and related mechanisms and institutions that might make a given developing country more attractive than another; considers pre-investment decisions that can reduce political risk, from ways to structure transactions to procuring investment insurance; and details the options open to an investor after an investment is affected. International Investment, Political Risk, and Dispute Resolution provides a practical, sophisticated, and comprehensive discussion of all the relevant issues related to political risk: - The political risk of expropriation, both direct and indirect - Subtle yet nefarious forms of "indirect" and "creeping" expropriation that can be more difficult to prove, identify, quantify, and protect against - Protections available under international law to minimize such political risks - The role of bilateral investment treaties, government-sponsored and private investment insurance, and various provisions that may be utilized in investment agreements between the investor and the host state - Measures and steps that can be taken to reduce or respond to political risk, including the proper application of international arbitration
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 | : World Bank Group |
Publisher | : World Bank Publications |
Total Pages | : 321 |
Release | : 2020-07-06 |
Genre | : Business & Economics |
ISBN | : 1464815437 |
The Global Investment Competitiveness Report 2019-2020 provides novel analytical insights, empirical evidence, and actionable recommendations for governments seeking to enhance investor confidence in times of uncertainty. The report's findings and policy recommendations are organized around "3 ICs" - they provide guidance to governments on how to increase investments' contributions to their country's development, enhance investor confidence, and foster their economies' investment competitiveness. The report presents results of a new survey of more than 2,400 business executives representing FDI in 10 large developing countries: Brazil, China, India, Indonesia, Malaysia, Mexico, Nigeria, Thailand, Turkey, and Vietnam. The results show that over half of surveyed foreign businesses have already been adversely affected by policy uncertainty, experiencing a decrease in employment, firm productivity, or investment. Foreign investors report that supporting political environments, stable macroeconomic conditions, and conducive regulatory regimes are their top three investment decision factors. Moreover, the report's new global database of regulatory risk shows that predictability and transparency increase investor confidence and FDI flows. The report also assesses the impact of FD! on poverty, inequality, employment, and firm performance using evidence from various countries. It shows that FDI in developing countries yields benefits to their firms and citizens-including more and better-paid jobs-but governments need to be vigilant about possible adverse consequences on income distribution. The report is organized in S chapters: Chapter 1 presents the results of the foreign investor survey. Chapter 2 explores the differential performance and development impact of greenfield FDI, local firms acquired by multinational corporations {i.e. brownfield FDI), and domestically-owned firms using evidence from six countries. Chapter 3 assesses the impact of FDI on poverty, inequality, employment and wages, using case study evidence from Ethiopia, Turkey and Vietnam. Chapter 4 presents a new framework to measure FDI regulatory risk that is linked to specific legal and regulatory measures. Chapter S focuses on factors for increasing the effectiveness of investment promotion agencies.