general principles of law and international investment arbitration

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General Principles Of Law And International Investment Arbitration

Author : Andrea Gattini
ISBN : 9789004368385
Genre : Law
File Size : 53. 51 MB
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In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration. The resulting picture is that of a lively source that escapes doctrinal straitjackets and maintains its relevance.

General Principles Of Law And International Investment Arbitration

Author : Andrea Gattini
ISBN : 900436837X
Genre : Law
File Size : 42. 17 MB
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In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration. The resulting picture is that of a lively source that escapes doctrinal straitjackets and maintains its relevance.

General Principles Of Law And International Due Process

Author : Center for International Legal Education University of Pittsburgh School of Law
ISBN : 9780190642709
Genre : Due process of law
File Size : 36. 39 MB
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Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.

International Investment Law The Sources Of Rights And Obligations

Author : Tarcisio Gazzini
ISBN : 9789004214309
Genre : Law
File Size : 86. 4 MB
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Drawing on State practice, arbitral awards and national decisions, this book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction.

Principles Of International Investment Law

Author : Rudolf Dolzer (jurist)
ISBN : 9780199651795
Genre : Business & Economics
File Size : 73. 35 MB
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This book provides an ideal introduction to the fundamentals of international investment law and dispute settlement for students or practitioners. It combines a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals.

General Principles Of Law As Applied By International Courts And Tribunals

Author : Bin Cheng
ISBN : 9780521030007
Genre : Law
File Size : 34. 98 MB
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In this book, Cheng aims to inquire into the practical application of the general principles of law by international courts and tribunals.

International Investment Arbitration

Author : Campbell McLachlan
ISBN : 0199676801
Genre : Law
File Size : 88. 75 MB
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This is the long-awaited second edition of this widely-referenced work on the substantive law principles of investment treaty arbitration. It forms a detailed critical review of the substantive principles of international law applied by investment arbitration tribunals, and a clear and comprehensive description of the present state of the law. The first edition met with immediate success as a result of the authors' achievement in describing and analyzing the volume of law created, applied and analyzed by tribunals. The second edition is fully updated to take account of the arbitration awards rendered in the period since 2007. Written by an internationally recognized author team, it is now the most comprehensive and up to date work in its field and no practitioner or academic can afford to be without it. Key areas of coverage include: the instruments under which investment disputes arise; the legal basis of treaty arbitration; dispute resolution and parallel proceedings; who is a foreign investor, including nationality issues and foreign control; what is an investment; investors' substantive rights, including fair and equitable treatment; expropriation; compensation and remedies. Arbitration of overseas investment disputes is one of the fastest growing areas of international dispute resolution. The exponential growth of international investment in recent years has led to the signature of over two thousand Bilateral Investment Treaties (BITs) between foreign states, in addition to a wealth of multilateral treaties and other forms of concession agreements. The legal principles that have developed in this area are subject to intense debate, and are still in a state of flux. While tribunals routinely state that they are applying principles of public international law to determine disputes, many of the principles applied have only been developed recently in the context of investment treaty arbitrations, and tribunals are often guided more by the approaches taken by other tribunals, than by pre-existing doctrines of public international law. International Investment Arbitration: Substantive Principles is an important contribution to the collection and codification of the current state of practice in this field.

An Introduction To International Investment Law

Author : David Collins
ISBN : 9781107160453
Genre : Law
File Size : 50. 96 MB
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A clear and accessible introduction to one of the fastest growing and most highly debated spheres of international law.

International Investment Law

Author : Surya P Subedi
ISBN : 9781509903023
Genre : Law
File Size : 75. 75 MB
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The third edition of this acclaimed scholarly book offers an up-to-date, critical overview of the law of foreign investment, incorporating a thorough and succinct analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multilayered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives. A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to restrict unduly the right of host governments to implement their public policy, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country, on the other.

Judicial Acts And Investment Treaty Arbitration

Author : Berk Demirkol
ISBN : 9781107198463
Genre : Law
File Size : 70. 27 MB
Format : PDF
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A study of state responsibility for acts committed in the course of different stages of adjudicatory process.

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