Legal treatment standards for international investments. Heuristic aspects

Legal treatment standards for international investments. Heuristic aspects
Author: Cristina-Elena Popa Tache
Publisher: ADJURIS – International Academic Publisher
Total Pages: 123
Release: 2021-06-18
Genre: Law
ISBN: 6069497872

Discussing the standards of legal treatment for international investment, means subjecting the law branch in its entirety to research. Representing the most comprehensive part, of particular importance for international investment law, treatment standards continue to generate a series of differentiations whose understanding and approach often require the analysis of the starting points that led to the emergence, by division, of this branch of law. International investment treatment standards represent or should represent the direct effect of the principles of international investment law, thus being their expression, with a pronounced logical affinity between them. Specifically, they are not confused with the principles, but they are the practical reflection at the level of rights and obligations, applicable to the performers in this field, in the highlight of the theoretical-practical aspect, having a customary origin, as well as the principles underlying their development. Following this logic and analyzing the situation of the latest investment treaties, it turns out that there is an insufficiency in the preponderance of treatment standards, compared to the principles, much more numerous and constantly expanding, of this field of law. The specificity of this branch of law consists in the emphasis on its fundamental concepts, essentializing what determines the whole, being considered as a science of essentialization and, ultimately, the role of any method of scientific research is to analyze, discover and highlight what this branch of law represents, as a whole, what determines it, the connections of this ensemble with other sciences, the composition and structuring of the system and the substantiation of the connections between its components. The standards of legal treatment of international investments settled with the individualization of international investment law. Their appearance took place gradually, depending on the path marked by the stages of emergence and evolution of the legal regime of foreign investment, from the legal phenomenon to the branch of law, from trade in general to foreign investment in particular. In all of this, legal scientific research plays a key role because any codification activity must be scientifically substantiated. Any codification policy must ensure a balance between the diachrony and the synchrony of international investment law (between the dynamics and the statics of this law). A complete analysis of the treatment standards of international investments can be performed only by a close correlation because the singular existence of a standard specific to this field is excluded from the start. The importance of establishing and existence of eloquent and integrated treatment standards is a condition for survival under international economic crises. The main feature of this monograph is to present the subject in a way that is as easy to understand as possible to study and apply such rules, being a very useful and valuable material for students, masters, doctoral students, theoreticians and practitioners.

Looking for New Paths in Comparative and International Law

Looking for New Paths in Comparative and International Law
Author: Dalvinder Singh
Publisher: ADJURIS – International Academic Publisher
Total Pages: 241
Release: 2021-09-10
Genre: Law
ISBN: 6069535103

This volume contains the scientific papers presented at the Conference on Comparative and International Law that was held on 25 June 2021 online on Zoom. This is an international conference. The conference is organized every year by the Society of Juridical and Administrative Sciences together with the Faculty of Law of the Bucharest University of Economic Studies. More information about the conference can be found on the official website: www.comparativelawconference.eu . The scientific studies included in this volume are grouped into two chapters: Inspirational analyzes in comparative law, Seeking the brilliance of international law. This volume is aimed at practitioners, researchers, students and PhD. candidates in juridical sciences, who are interested in recent developments and prospects for development in the field of comparative and international law.

Building an Adapted Business Law

Building an Adapted Business Law
Author: Sónia de Carvalho
Publisher: ADJURIS – International Academic Publisher
Total Pages: 336
Release: 2022-02-10
Genre: Business & Economics
ISBN: 606953512X

This volume contains the scientific papers presented at the Eleventh International Conference „Perspectives of Business Law in the Third Millennium” that was held on 19 November 2021 in online format on Zoom. The conference is organized each year by the Faculty of Law of the Bucharest University of Economic Studies together with the Society of Juridical and Administrative Sciences. The scientific studies included in this volume are grouped into five chapters: Stop or go back to business as unusual — legal issues impacting businesses during this time; Changes in the legal landscape, regulatory challenges and more; In-depth look at business law topics; European overview of the legal and business considerations. The present volume is addressed to practitioners, researchers, students and PhD candidates in juridical sciences, who are interested in recent developments and prospects for development in the field of business law at international and national level.

Experientiam et Progressionem in Comparative and International Law

Experientiam et Progressionem in Comparative and International Law
Author: Banggui Jin
Publisher: ADJURIS – International Academic Publisher
Total Pages: 185
Release: 2022-08-19
Genre: Law
ISBN: 6069535146

This volume contains the scientific papers presented at the 2nd Conference on Comparative and International Law that was held on 24 June 2022 online on Zoom. This is an international conference. The conference is organized every year by the Society of Juridical and Administrative Sciences together with the Faculty of Law of the Bucharest University of Economic Studies. More information about the conference can be found on the official website: www.comparativelawconference.eu . The scientific studies included in this volume are grouped into three chapters: Contemporary Applicability Presentations in Comparative Law, International Law and Its Modern Regulatory Powers and Some aspects regarding criminal challenges. This volume is aimed at practitioners, researchers, students and PhD. candidates in juridical sciences, who are interested in recent developments and prospects for development in the field of comparative and international law.

International Protection of Investments

International Protection of Investments
Author: August Reinisch
Publisher: Cambridge University Press
Total Pages: 1633
Release: 2020-07-16
Genre: Law
ISBN: 1108882706

This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.

The International Minimum Standard and Fair and Equitable Treatment

The International Minimum Standard and Fair and Equitable Treatment
Author: Martins Paparinskis
Publisher: Oxford University Press
Total Pages: 318
Release: 2013-01-31
Genre: Business & Economics
ISBN: 0199694508

Investment protection treaties generally include, in one form or another, the obligation to treat investments fairly and equitably. This book examines the relationship between this obligation and the minimum standard that can be found in customary international law, tracing the history of both concepts, their differences and similarities.

The Interpretation of International Investment Law

The Interpretation of International Investment Law
Author: Todd Weiler
Publisher: Martinus Nijhoff Publishers
Total Pages: 572
Release: 2013-05-02
Genre: Business & Economics
ISBN: 9004232230

In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historical analysis should be adopted in the interpretation of international investment law obligations. Weiler subjects some of the most commonly held beliefs about the nature and development of international investment law to a critical re-appraisal, based upon meticulously assembled historical record. In the process, the book provides readers with a fresh perspective on some of the oldest obligations in international law.

Host State Circumstances and Absolute Standards of Protection in International Investment Law

Host State Circumstances and Absolute Standards of Protection in International Investment Law
Author: Johanna Braun
Publisher: Nomos Verlag
Total Pages: 250
Release: 2022-10-28
Genre: Law
ISBN: 3748932790

Dieses Werk beschäftigt sich mit den sogenannten "absoluten" Schutzstandards im internationalen Investitionsschutzrecht: dem Fair and Equitable Treatment (FET) und dem Full Protection and Security (FPS) Standard. Es bearbeitet die Frage, ob außergewöhnliche Umstände im Gaststaat einen Einfluss auf die Auslegung dieser Standards haben. Zu diesem Zweck untersucht die Autorin die normativen Grundlagen beider Standards, einschließlich des jeweiligen Wortlauts, Systematik und Zweck, bevor die bestehende Schiedsgerichtspraxis analysiert wird. .

Investment Protection Standards and the Rule of Law

Investment Protection Standards and the Rule of Law
Author: August Reinisch
Publisher: Oxford University Press
Total Pages: 417
Release: 2023-02-03
Genre: Law
ISBN: 0192864580

This thoughtfully edited volume brings together leading scholars in the field to explore the relationship between the substantive standards of treatment contained in international investment agreements and the rule of law, which is developing into one of the key principles which both supporters and critics use to evaluate the investment treaty regime. Investment Protection Standards and the Rule of Law explores two perspectives. Firstly, it examines to what extent the substantive standards of treatment can be understood as expressions of the rule of law. Secondly, it addresses the rule-of-law problems, or rule-of-law lacunae, that exist in, or are created by, the application of these standards. The subject matter is advanced by combining doctrinal analysis of the core substantive treatment standards, as well as normative assessment of those standards from the perspective of the rule of law. This book also offers a critical discussion of the potential the rule of law has as a guidepost for structuring international investment relations, as well as its blind spots.

The Right of States to Regulate in International Investment Law

The Right of States to Regulate in International Investment Law
Author: Yulia Levashova
Publisher: Kluwer Law International B.V.
Total Pages: 278
Release: 2019-07-18
Genre: Law
ISBN: 9403510153

Due to the ongoing recent expansion of public interest issues worldwide, the state’s right to regulate has been recaptured as a prominent concept in international investment law. The fair and equitable treatment (FET) standard provision in the text of an international investment agreement (IIA) has become a detailed clause clarifying the specific obligations of a state towards an investor under the FET standard. However, striking the right balance between the interests of host states and investors in these new treaty formulations has proved to be challenging. This book greatly clarifies the field by offering the in-depth analysis of the application of the state’s right to regulate in relation to FET standard provisions in IIAs and to decisions by arbitral tribunals in FET cases. Recognising that the role of tribunals is to balance the state’s public interests and the interests of the investor when interpreting and applying the FET standard, the author pursues such seminal issues and topics as the following: the legitimacy of the objective of the state’s measure; obligations and responsibilities of investors towards a host state; the nature and impact of a change to a national regulatory framework; special economic and sociopolitical circumstances in a host state; and due diligence and risk assessment as a condition for the protection of an investor’s legitimate expectations. Multiple IIAs concluded by the OECD Member States, as well by Russia and China between the developing countries, and the prominent investment law cases on the FET standard are examined in detail. The analysis pays particular attention to how investment jurisprudence in FET cases has been reflected in such new IIAs as the Comprehensive Economic and Trade Agreement between the European Union (EU) and Canada (CETA), the EU-Vietnam FTA and the EU-Singapore FTA. These case studies demonstrate the evolution of the IIAs’ FET standard provisions and how they balance the application of the FET standard and the state’s right to regulate. Suggestions are provided for drafting formulations of the FET standard that can contribute to achieving such a balance. In the clear light it sheds on the legal conditions under which states may regulate in the public interest and its contribution to the reforms that are currently taking place in the field of international investment law, this book constitutes an exemplary framework to evaluate investment decisions on the FET standard and the right to regulate. It is sure to prove extremely useful for practitioners who work on investment cases, policymakers involved in negotiating and drafting of IIAs, policy advisors of governmental and non-governmental organisations and academics in international investment law.