international investment arbitration lessons from developments in the mena region

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International Investment Arbitration

Author : Mohamed A.M. Ismail
ISBN : 9781317114079
Genre : Law
File Size : 35. 80 MB
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Arbitration is the most common mechanism for disputes' settlement in developing countries. Following the move to free market economies, arbitration will play an increasingly fundamental role in order to protect foreign investors in the Middle East and North African Region (MENA). This book examines the pulse and dynamics of international investment arbitration and the new era of mediation in state contracts in the region. The author explores the harmonization of international arbitration and the sensitive issue of le Contrat Administratif in Middle East civil law countries. The volume also discusses the pivotal role of international organizations such as UNCTAD and ICSID in codifying fair and prompt mechanisms for dispute settlement. Using Latin American countries as a prime example of how international legislative instruments serve international investment law principles and comparing Latin American experiences where appropriate, the book demonstrates how lessons can be learned in respect of alternative dispute resolution, international commercial arbitration and investor-states arbitration. It provides suggestions and recommendations for the future and includes useful appendices detailing recent worldwide trends, regional and international instruments in the arbitration world.

International Investment Law And Policy In Africa

Author : Fola Adeleke
ISBN : 9781351998819
Genre : Law
File Size : 42. 77 MB
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This book studies the international investment law regime in Africa and provides a comprehensive analysis of the current treaty practices in Africa from global, regional and domestic perspectives. It develops a public interest regulation theory to highlight the role of investment regulation in sustainable development and the protection of human rights. In doing so, the book identifies seven factors that should be considered by arbitrators in resolving international investment disputes that affect the public interest. It considers how corporations can be held accountable through investment treaties in the absence of a global treaty on business and human rights while protecting the rights of investors and their investments. Furthermore, the book explores the current objectives and features of investor-state dispute settlement (ISDS) as well as the deficiencies and its intersection with the rule of law. It identifies alternatives for ISDS and the extent to which these alternatives address the objectives of attracting investment, depoliticise investment disputes, promote the rule of law and offer remedies to investors. These solutions are offered in relation to the protection of human rights, the promotion of sustainable development and the right of states to introduce domestic public interest regulation. Finally, the book takes a prospective stance and discusses future trends for dispute settlement and investment rulemaking in Africa.

International Investment Treaties And Arbitration Across Asia

Author : Julien Chaisse
ISBN : 9789004360105
Genre : Law
File Size : 65. 33 MB
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International Investment Treaties and Arbitration Across Asia examines whether and how the Asian region has or may become a significant ‘rule maker’ in contemporary international investment law and dispute resolution, focusing on the ‘ASEAN+6’ economies.

The Structure Of Investment Arbitration

Author : Tony Cole
ISBN : 9781135017583
Genre : Law
File Size : 59. 33 MB
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Although a State’s treatment of foreign investors has long been regulated by international law, it is only recently that international investment law has emerged as an independent discipline in its own right. In recent decades the practical success of investment arbitration has allowed international investment law to develop both its own cadre of academic and professional specialists and its own legal doctrines. This book analyses the structure of international investment law, as it has developed through the practice of investment arbitration in order to see how a variety of international investment law doctrines should be understood and applied. The book demonstrates how a structural analysis can shed light on several major controversies within investment law and also examines what an "investment" actually is. The book offers an original interpretative approach to the resolution of problems in international investment law, and so is one of the few books within the field to attempt to give investment law a solid theoretical basis. It also focuses on only a select number of problems, rather than attempting to deliver the universal coverage currently popular for investment law books. As a result, those issues that are addressed get a detailed discussion rarely available in competing texts.

Improving International Investment Agreements

Author : Armand De Mestral
ISBN : 9781136260704
Genre : Law
File Size : 41. 43 MB
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This book presents the reflections of a group of researchers interested in assessing whether the law governing the promotion and protection of foreign investment reflects sound public policy. Whether it is the lack of "checks and balances" on investor rights or more broadly the lack of balance between public rights and private interests, the time is ripe for an in-depth discussions of current challenges facing the international investment law regime. Through a survey of the evolution in IIA treaty-making and an evaluation from different perspectives, the authors take stock of developments in international investment law and analyze potential solutions to some of the criticisms that plague IIAs. The book takes a multidisciplinary approach to the subject, with expert analysis from legal, political and economic scholars. The first part of the book traces the evolution of IIA treaty-making whilst the other three parts are organised around the concepts of efficiency, legitimacy and sustainability. Each contributor analyzes one or more issues related to substance, treaty negotiation, or dispute resolution, with the ultimate aim of improving IIA treaty-making in these respects. Improving International Investment Agreements will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

Public Health In International Investment Law And Arbitration

Author : Valentina Vadi
ISBN : 9780415507493
Genre : Business & Economics
File Size : 30. 74 MB
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Is a State free to adopt measures to protect the public health of its citizens? If so, what are the limits, if any, to such regulatory powers? This book addresses these questions by focusing on the clash between the regulatory autonomy of the state and international investment governance. 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. With a focus on the 'clash of cultures' between international investment law and public health, the author critically analyses the emerging case law of investment treaty arbitration and considers the theoretical interplay between public health and investor rights in international investment law. The book also explores the interplay between investment law and public health in practice, focusing on specific sectors such as pharmaceutical patents, tobacco regulation and environmental health. It then goes on to analyze the available means for promoting consideration of public health in international investment law and suggests new methods and approaches to better reconcile public health and investor rights.

Knowledge Economies In The Middle East And North Africa

Author : Jean-Eric Aubert
ISBN : 0821357018
Genre : Business & Economics
File Size : 61. 22 MB
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The Middle East and North Africa (MENA) region has been facing considerable economic challenges. Left behind by the industrial revolution, overly dependent on oil resources, and on the fringes of the globalization process, a number of MENA countries have embarked on structural reforms to overcome economic stagnation, mounting unemployment, and increasing poverty. At the same time, there is growing awareness worldwide that the knowledge revolution offers new opportunities for growth resulting from the availability of information and communication technologies and from the advent of a new form of global economic development rooted in the concept of the knowledge economy, which is based on the creation, acquisition, distribution, and use of knowledge. This book, developed from papers prepared for a World Bank sponsored conference, assesses the challenges confronting the regionA's countries and analyzes their readiness for the knowledge economy based on a set of indicators. It provides quantitative analysis to help benchmark the countries against worldwide knowledge economy trends, identifies key implementation issues, and presents relevant policy experiences. The basic policy elements that underpin a strategy to prepare for a knowledge-based economy are discussed, including: the renovation of education systems, the creation of a climate conducive to innovation, and the development of an efficient telecommunications infrastructure as the foundation of a new era. The formulation of national visions and strategies is also discussed. Examples from the region and other parts of the world illustrate the chapters. A set of data that makes it possible to benchmark and position countriesA' readiness for the knowledge economy is presented in an appendix.

Reshaping The Investor State Dispute Settlement System

Author : Jean E. Kalicki
ISBN : 9789004291102
Genre : Law
File Size : 42. 8 MB
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In Reshaping the Investor-State Dispute Settlement System, Jean E. Kalicki and Anna Joubin-Bret offer a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes through arbitration.

International Investment Law And The Right To Regulate

Author : Lone Wandahl Mouyal
ISBN : 9781317408024
Genre : Business & Economics
File Size : 34. 39 MB
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The book considers the ways in which the international investment law regime intersects with the human rights regime, and the potential for clashes between the two legal orders. Within the human rights regime states may be obligated to regulate, including a duty to adopt regulation aiming at improving social standards and conditions of living for their population. Yet, states are increasingly confronted with the consequences of such regulation in investment disputes, where investors seek to challenge regulatory interferences for example in expropriation claims. Regulatory measures may for instance interfere with the investment by imposing conditions on investors or negatively affecting the value of the investment. As a consequence, investors increasingly seek to challenge regulatory measures in international investment arbitration on the basis of a bilateral investment treaty. This book sets out the nature and the scope of the right to regulate in current international investment law. The book examines bilateral investment treaties and ICSID arbitrations looking at the indicative parameters that are granted weight in practice in expropriation claims delimiting compensable from non-compensable regulation. The book places the potential clash between the right to regulate and international investment law within a theoretical framework which describes the stability-flexibility dilemma currently inherent within international law. Lone Wandahl Mouyal goes on to set out methods which could be employed by both BIT-negotiators and adjudicators of investment disputes, allowing states to exercise their right to regulate while at the same time providing investors with legal certainty. The book serves as a valuable tool, an added perspective, for academics as well as for practitioners dealing with aspects of international investment law.

Foreign Investment In The Energy Sector

Author : Eric De Brabandere
ISBN : 9789004244719
Genre : Business & Economics
File Size : 86. 89 MB
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Foreign Investment in the Energy Sector: Balancing Private and Public Interests, a comprehensive collection of essays from experts and practitioners, offers an important new resource to the field.

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