Proportionality Reasonableness And Standards Of Review In International Investment Law And Arbitration
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Author | : Valentina Vadi |
Publisher | : Edward Elgar Publishing |
Total Pages | : 459 |
Release | : 2018-04-27 |
Genre | : Law |
ISBN | : 1785368583 |
International investment law is one of the most dynamic fields of international law, and yet it has been criticised for failing to strike a fair balance between private and public interests. In this valuable contribution to the current debate, Valentina Vadi examines the merits and pitfalls of arbitral tribunals’ use of the concepts of proportionality and reasonableness to review the compatibility of a state’s regulatory actions with its obligations under international investment law.
Author | : United Nations Conference on Trade and Development |
Publisher | : |
Total Pages | : 0 |
Release | : 2012 |
Genre | : Discrimination |
ISBN | : 9789211128277 |
"In recent years, the concept of fair and equitable treatment has assumed prominence in investment relations between States. While the earliest proposals that made reference to this standard of treatment for investment are contained in various multilateral efforts in the period immediately following World War II, the bulk of the State practice incorporating the standard is to be found in bilateral investment treaties which have become a central feature in international investment relations. In essence, the fair and equitable standard provides a yardstick by which relations between foreign direct investors and Governments of capital-importing countries may be assessed. It also acts as a signal from capital-importing countries, for it indicates, at the very least, a State's willingness to accommodate foreign capital on terms that take into account the interests of the investor in fairness and equity."--Provided by publisher.
Author | : Caroline Henckels |
Publisher | : Cambridge University Press |
Total Pages | : 265 |
Release | : 2015-10-15 |
Genre | : Law |
ISBN | : 1107087902 |
Caroline Henckels examines how investment tribunals should balance competing state and investor interests in determining state liability in regulatory disputes.
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 | : Stephan W. Schill |
Publisher | : Cambridge University Press |
Total Pages | : 491 |
Release | : 2009-08-20 |
Genre | : Law |
ISBN | : 0521762367 |
The book argues that international investment law is a structured body of law based on uniform principles of investment protection.
Author | : Yuliya Chernykh |
Publisher | : BRILL |
Total Pages | : 629 |
Release | : 2022-01-17 |
Genre | : Law |
ISBN | : 9004414703 |
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
Author | : Stephan W. Schill |
Publisher | : Oxford University Press |
Total Pages | : 922 |
Release | : 2010-10-14 |
Genre | : Law |
ISBN | : 0199589100 |
International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.
Author | : Ulf Linderfalk |
Publisher | : BRILL |
Total Pages | : 230 |
Release | : 2021-05-12 |
Genre | : Law |
ISBN | : 9004448071 |
In this edited volume, scholars from a wide range of areas of international law consider whose interests are at stake in the application of the principle of proportionality. In so doing, the volume casts new light this important principle.
Author | : Jan Paulsson |
Publisher | : Cambridge University Press |
Total Pages | : 307 |
Release | : 2005-10-06 |
Genre | : Law |
ISBN | : 1139448285 |
Denial of justice is one of the oldest bases of liability in international law and the modern understanding of denial of justice is examined by Paulsson in this book, which was originally published in 2005. The possibilities for prosecuting the offence of denial of justice have evolved in fundamental ways and it is now settled law that States cannot disavow international responsibility by arguing that their courts are independent of the government. Even more importantly, the doors of international tribunals have swung wide open to admit claimants other than states: non-governmental organisations, corporations and individuals, and Paulsson examines several recent cases of great importance in his book.
Author | : Valentina Vadi |
Publisher | : Routledge |
Total Pages | : 250 |
Release | : 2013 |
Genre | : Business & Economics |
ISBN | : 0415507499 |
As a wide variety of state regulations allegedly aimed at protecting public health may interfere with foreign investments, a tension exists between the public health policies of the host state and investment treaty provisions. Under most investment treaties, States have waived their sovereign immunity, and have agreed to give arbitrators a comprehensive jurisdiction over what are essentially regulatory disputes. Some scholars and practitioners have expressed concern regarding the magnitude of decision-making power allocated to investment treaty tribunals. This book contributes to the current understanding of international investment law and arbitration, addressing the fundamental question of whether public health has and/or should have any relevance in contemporary international investment law and policy.