international investment law text cases and materials second edition

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International Investment Law

Author : Krista Nadakavukaren Schefer
ISBN : 9781785360084
Genre : Law
File Size : 53. 94 MB
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This fully revised and updated edition of International Investment Law remains a complete and concise guide to the law of international investment protection and continues to approach the subject with an easy-to-follow, broad and balanced text. New to this edition: - updates to include numerous new cases - completely reworked sections on standards of treatment - new Q&A section to capture practitioner views. Key Features: • balance of cases and explanatory comment familiarises students with reading opinions and enables them to grasp the core concepts at stake • concise – suitable for one-semester course for non-specialists or as a first text for students who will take further specialised courses in the area • excerpts from the most influential arbitration decisions outline differing interpretations and ensure students don’t learn in a theoretical vacuum • questions throughout encourage readers to come to their own opinions.

International Investment Law

Author : Krista Nadakavukaren Schefer
ISBN : 9781781003114
Genre : Law
File Size : 23. 56 MB
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'The book is an excellent introduction to the law of international investment protection. It covers all the essential aspects of this area of international law and presents the relevant issues and problems in a balanced and practical way.' Kaj Hobér, Partner, Mannheimer Swartling, Sweden 'International Investment Law presents an original approach to the subject of investment protection and dispute resolution. The author offers breadth and depth simultaneously, covering the full sweep of investment treaty arbitration (procedural, jurisdictional, substantive) in all its complexity, combining clear and up-to-date explanations with case-book style excerpts from central texts (treaties, commentaries, arbitral decisions). Perhaps most unusual is the interspersing between lengthy chapters of short thought-pieces penned by leading practitioners in the field, treating such controversial topics as expropriation, discrimination, and the definition of "investment". These essays prepare the reader for the denser text to follow, and create a frame within which the reader can keep a solid point of reference. This volume is sure to find its place among the leading international law desk references.' Noah Rubins, Freshfields Bruckhaus Deringer LLP 'This accessible text with its innovative format and breadth of perspectives is an important and much-needed resource for all of those new to investment law, whether they be law students or practitioners seeking an introduction to the field.' Andrea K. Bjorklund, University of California, Davis, US This detailed yet concise textbook is a complete introduction to the law of international investment protection. With chapters on the sources of investment law, expropriation, treaty-based principles of protection, dispute settlement, and investment insurance, the text offers instructors a tool to use in its entirety or selectively, on its own or combined with other materials. Written principally for law students, the book contains numerous excerpts from many of the most influential arbitration decisions. This case-book style allows the readers to become familiar with reading opinions, whilst at the same time, the explanations accompanying the case materials eases the task of grasping the core reasoning contained in the decisions. It also makes the book suitable for non-legal readers interested in the processes and implications of mandatory state protection of alien property. The author's balanced handling of differing interpretations of investment treaty provisions leaves room for the reader to question majority approaches and form an informed opinion. The reader's understanding is reinforced by probing questions throughout the book, and 'Thoughts from an Expert' sections by renowned practitioners and scholars provide an interesting additional insight into the fast-growing area of investment law and investor-state arbitrations. Key features include: Balance of cases and explanatory comment familiarises students with reading opinions and enables them to grasp the core concepts at stake. Concise suitable for one-semester course for non-specialists or as a first text for students who will take further specialised courses in the area. Excerpts from the most influential arbitration decisions outline differing interpretations and ensure students don't learn in a theoretical vacuum. Questions throughout encourage the reader to come to their own opinions. 'Thoughts from an Expert' pieces from renowned practitioners and scholars provide additional insight into the way things operate in practice.

Principles Of International Investment Law

Author : Rudolf Dolzer
ISBN : 9780191632136
Genre : Law
File Size : 42. 53 MB
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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 vs 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 or practitioners alike.

Investment Treaty Arbitration

Author : Kaj Hobér
ISBN : 9781786433626
Genre :
File Size : 73. 67 MB
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Investment Treaty Arbitration is an excellent teaching tool for lecturers and readers of international investment arbitration. This casebook includes over 40 exercises based on real-life disputes, helping readers evaluate and analyse all aspects of the topic.

The Decision Making Process Of Investor State Arbitration Tribunals

Author : Mary Mitsi
ISBN : 9789041196576
Genre : Law
File Size : 80. 63 MB
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In the course of a single investor-state dispute, an arbitrator may make numerous decisions, from interpreting the treaty or national laws to taking into account case law, customs and policies. In practice, this process raises important issues regarding the consistency of decisions and the predictability and legitimacy of the decision-making process in general. Investment arbitration tribunals have developed a specialised process of legal decision making adapted to the interpretational needs that arise in the context of an investor-state dispute and to the transnational characteristics of the investment arbitration framework. This is the first book to offer an in-depth analysis of the transnational characteristics of investment arbitration and to analyse the interpretive arguments of investment tribunals and the way they use treaties, precedent, policies, general principles of law and customary law in their decision-making process. Drawing on publicly available arbitral case law supplemented with personal interviews with investment arbitrators, the author touches on such concepts and practices as the following: - an overview of various decision-making genres of arbitral tribunals: attitudinal, economic, strategic and legal; - the legal argumentation triptych of language–rhetoric–dialogue; - the specific language arbitrators have developed when interpreting the law; - how arbitrators use the concepts 'standards', 'rules', 'principles' and 'rights'; - the importance of the legal reasoning of arbitral awards and the role of rhetoric therein; - concepts of 'acceptability', 'audience' and 'legitimacy'; - limitations of the public international law interpretive methodology enshrined in the Vienna Convention; - interpretation of precedents, customary law, general principles of law and policies; - the way national and international legal orders interact in the context of interpretation; and - how decision-making is connected to the issues of predictability, consistency and the rule of law. The core of the book proposes a novel, full- edged dialogical network theory for analysing the interpretation process. As an exemplary demonstration of developing theory to keep up with practice, this unique book provides a deeply engaged means for enhancing the practice of international arbitration. Its introduction of a new field of interdisciplinary analysis employing legal argumentation theories is sure to provide inestimable guidance for institutions and policymakers, especially in light of recent proposals for the creation of a permanent investment arbitration court. Given that unveiling the legal decision-making process is critical for the well-being of the whole dispute resolution procedure, and that being aware of how arbitrators interpret the law can constitute a roadmap for counsel's arguments and approaches when dealing with cross-border disputes, the topic of this book is relevant for both academics and practitioners, and its signifcance can only grow as recourse to investor-state arbitration continues to expand.

Reconceptualizing Sovereignty In The Post National State Statehood Attributes In The International Order

Author : Flavio G. I. Inocencio
ISBN : 9781496978189
Genre : Law
File Size : 78. 40 MB
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• This book offers a multidisciplinary approach to the study of the concept of sovereignty. • This book outlines the origins, context and evolution of the concept of sovereignty as an essential attribute of the modern territorial State since the Peace of Westphalia in 1648. • The book identifies two competing traditions of the concept of sovereignty; the tradition inaugurated by Jean Bodin in 1576 in his work “The Six Books of the Commonwealth” and another that started with Johannes Althusius in 1603, considered the ‘father’ of federal theory, in his less known work “Politica”. • In order to understand the concept of sovereignty, it is necessary to understand the ‘constitutional rules’ of each international system and the fact that the States are the primary polities in the international arena. • The rise of International Organizations and the increasing ‘institutionalization’ of the international system challenges this state-centric world, considering their exercise of sovereign powers. • Following authors such as Daniel Elazar, the book discusses the importance of federalism as political theory, which offers a different understanding of the concept of sovereignty. • The book discusses the European Union as a paradigmatic case of a ‘postmodern confederation’, which challenges the notion of sovereignty as an absolute and exclusive statehood attribute. • Furthermore, the reconceptualization of sovereignty in International Law should consider the rise of regional and functional legal orders, the different understandings of sovereignty offered by the federalist tradition and the processes of ‘deterritorialization’ and disaggregation of authority. • The book concludes with the idea that concept of sovereignty in International Law should be seen as a flexible concept which is not an exclusive attribute of the modern territorial state. This book is required reading for all interested in the history and the evolution of the concept of sovereignty.

Second Thoughts

Author : Armand de Mestral
ISBN : 9781928096399
Genre : Political Science
File Size : 48. 78 MB
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Criticism. Doubts. Second thoughts. Although investor-state arbitration (ISA) has been included in investment agreements between developed and developing countries since the 1960s, and provided foreign investors with a kind of private justice against developing world host states, it became increasingly controversial in developed countries when it was included in NAFTA in 1993, creating the possibility of ISA claims between and against two developed countries (the United States or Canada), as well as claims against and by a developing state (Mexico). A few years later, the OECD’s attempt to finalize the Multilateral Agreement on Investment was stymied by concerted civil society protest and opposition to ISA, and in recent years each new proposed agreement has sparked fresh rounds of protest. What engenders the controversy about ISA? While ISA’s advantage is that it prevents escalation of international conflict by relieving states from feeling obliged to espouse claims of injured investors against foreign governments, it is criticized for creating regulatory chill whereby states are reluctant to make necessary public policy reforms for fear that changes to the investment environment will lead to expensive investor claims. Are fears of litigation and expensive payouts well founded? Can key modifications to the ISA system, such as those added to the Comprehensive Economic and Trade Agreement satisfy critics and redeem this system of private justice? Is ISA really necessary between developed democracies where an independent and professional judiciary can generally be trusted to decide without fear or favour? In Second Thoughts: Investor-State Arbitration between Developed Democracies, 16 international investment legal experts have undertaken in-depth analyses of ISA’s economic, political, and social impacts when included in agreements between developed democracies. This timely volume appears at a critical moment, seeking answers to the crucial questions that will determine the next generation of international investment agreements.

Protection Of Foreign Investment In Context

Author : Khrushchev Ekwueme
ISBN : STANFORD:36105122438604
Genre : Business & Economics
File Size : 67. 37 MB
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This book represents an unprecedented effort to explore Nigeria's principal investment laws in the context of international law and practice. It employs decisions of international tribunals, especially the International Centre for the Settlement of Investment Disputes (ICSID), to facilitate an understanding of how Nigeria's investment laws, investment treaties, and petroleum agreements protect foreign investment. It also foregrounds specific constitutional and administrative law issues intimately related to the protection of foreign investment in Nigeria, and discusses them with the aid of comparative analysis. Furthermore, the book critically analyzes regulating foreign investment by means of a multilateral agreement on investment (MAI) and offers policy suggestions that should inspire negotiations on a MAI from the perspective of a developing country like Nigeria. The central themes of this book are that the liberalization of the legal landscape for foreign investment is not by itsel

Legal Aspects Of Alien Acquisition Of Real Property

Author : Dennis Campbell
ISBN : 9789401744218
Genre : Law
File Size : 86. 24 MB
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The concept of the nation-state has as an essential element the control of territory, legal and political authority over the acquisition, ownership, use and disposition of land. The rapid increase during the 1970s in the pace of foreign 1 investment -with the acquisition of real property as a centerpiece-has stirred new concern for the ability and disability of aliens to invest in and acquire title 2 to the physical territory of a given state. With a variety of factors now stimulating 3 foreign investment in land, increased attention has been given in many countries to the role of the state in controlling, inhibiting or prohibiting investment in real property by aliens. English law long ago established that the alien would be subject to significant 4 disabilities in connection with the ownership of land. The imposition of similar 5 restrictions on aliens is found in the early law of most nation-states. Such disabilities have their roots in the feudal period, and it was not until the eighteenth century that the countries of Continental Europe abandoned the absolute 6 prohibition on succession to real property by aliens. The prohibition was replaced by a tax imposed on aliens who withdrew the property of the state of which the decedent was a citizen. Common Law rules restricting alien succession developed in the thirteenth century.

International Trade Law

Author : Daniel C.K. Chow
ISBN : 9781454818861
Genre : Law
File Size : 34. 90 MB
Format : PDF, Kindle
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Thanks to its manageable size, problem-based presentation, and accessible writing style, International Trade Law is one of the most comprehensive and student-friendly trade law texts on the market. It is the only international trade casebook that systematically covers all GATT articles and WTO side agreements, and offers clear explanations of how WTO obligations are implemented in the U.S. and the EU. The Second Edition has been reorganized for more systematic coverage of GATT. Trade in goods is now thoroughly covered before other types of trade, such as services and intellectual property, are presented. In addition, treatment of GATS, trade involving China, and trade and civil society has been updated to include current issues. Features: Manageable size and accessible style make this one of the most student-friendly trade law texts available. Complete coverage of the GATT--the only book to systematically cover all GATT articles together with all WTO side agreements. Coverage focused on trade of goods. Additional coverage of trade in services, technology, and foreign direct investment. An emphasis on civil society issues such as the environment, human rights, and development as they relate to international trade. Clear explanations of WTO obligations and their implementation in the U.S. and EU. Effective problems and hypotheticals. Compelling, up-to-date cases. Thoroughly updated, the revised Second Edition offers: Reorganized chapters to more systematically cover the General Agreement on Tariffs and Trade. Complete coverage of trade in goods before other types of trade are examined in the final chapters (e.g., trade in services, trade in intellectual property). Expanded coverage of trade issues involving China. Expanded coverage of trade and civil society issues. Expanded coverage of GATS. Updated cases and problems.

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