A Guide To State Succession In International Investment Law

Author : Patrick Dumberry
Publisher : Edward Elgar Publishing
ISBN 13 : 1788116615
Total Pages : 552 pages
Book Rating : 4.19/5 ( download)

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Download or read book A Guide to State Succession in International Investment Law written by Patrick Dumberry and published by Edward Elgar Publishing. This book was released on 2018-07-27 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Guide to State Succession in International Investment Law provides a comprehensive analysis of State succession issues arising in the context of international investment law. The author examines whether a successor State is bound by the investment treaties and State contracts which the predecessor State had signed with other States and foreign investors before the date of succession. Actors who are called upon to apply rules of State succession in investment arbitration cases will find this book a valuable source of practical guidance with strong theoretical foundations.

Author : Marcelo G. Kohen
Publisher : Cambridge University Press
ISBN 13 : 1108751385
Total Pages : 191 pages
Book Rating : 4.84/5 ( download)

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Download or read book The Institute of International Law's Resolution on State Succession and State Responsibility written by Marcelo G. Kohen and published by Cambridge University Press. This book was released on 2019-02-14 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marcelo Kohen and Patrick Dumberry explore in an article-by-article commentary the Resolution adopted in 2015 by the Institute of International Law, on state succession in matters of state responsibility. They analyse the content and scope of application of each provision based on a comprehensive survey of existing state practice and judicial decisions (both domestic and international), as well as taking into account the works of scholars and that of the ILC Special Rapporteur in his proposed Draft Articles on the same topic. This book explains the rationale and the reasons behind why the Institute adopted specific solutions to address particular problems of succession to responsibility for each provision, including the need to achieve a fair outcome given the specific circumstances and relevant factors for each case.

Author : Patrick Dumberry
Publisher : Cambridge University Press
ISBN 13 : 1316503070
Total Pages : 535 pages
Book Rating : 4.72/5 ( download)

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Download or read book The Formation and Identification of Rules of Customary International Law in International Investment Law written by Patrick Dumberry and published by Cambridge University Press. This book was released on 2018-12-13 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patrick Dumberry provides a comprehensive analysis of the rules of customary international law in the field of international investment law.

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Publisher : Oxford University Press
ISBN 13 : 0192666916
Total Pages : 737 pages
Book Rating : 4.18/5 ( download)

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Download or read book General International Law in International Investment Law written by and published by Oxford University Press. This book was released on 2024-02-22 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: General international law is part and parcel of investor-state arbitration. This is the case not only regarding treaty law and state responsibility, but also with respect to matters such as state succession, the international minimum standard, and state immunity, all of which feature regularly in investor-state arbitration. Yet, although general international law issues arise in almost every investment case and often require extensive research, no systematic exploration of the relationship between the two exists. This Commentary is the first to fill this gap, providing a comprehensive treatment of the role of general international law in international investment law. It engages in detail with central matters of general international law, including in the practice of investment arbitration tribunals, moving beyond existing works which focus solely on procedural and institutional provisions. The Commentary's forty-six chapters do not focus on a single source or subject. Instead, each concentrates on a specific, relevant article from a particular source of public law - such as the Vienna Convention on the Law of Treaties (1969) or the International Law Commission's Articles on the Responsibility of States for Internationally Wrongful Acts (2001), among others. The entries combine detailed analysis with an examination of procedural and substantive aspects - such as nationality and unjust enrichment - and respond to the following questions: how have investment tribunals interpreted and applied the specific rule of general international law? To what extent and why does such interpretation and application align with or deviate from the practice by other international courts or tribunals? How could and should investment tribunals interpret and apply rules that have yet to feature in investment arbitration? This unique format means this commentary will serve as a central guide for all relevant case law and scholarship on international investment law.

Author : Tarcisio Gazzini
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004214534
Total Pages : 363 pages
Book Rating : 4.38/5 ( download)

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Download or read book International Investment Law written by Tarcisio Gazzini and published by Martinus Nijhoff Publishers. This book was released on 2012-08-22 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Duncan B. Hollis
Publisher : Oxford University Press
ISBN 13 : 019960181X
Total Pages : 873 pages
Book Rating : 4.13/5 ( download)

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Download or read book The Oxford Guide to Treaties written by Duncan B. Hollis and published by Oxford University Press. This book was released on 2012-08-09 with total page 873 pages. Available in PDF, EPUB and Kindle. Book excerpt: Giving an overview of the current state of the law and practice in relation to treaties, this edited work is an essential reference for practitioners and legal advisers involved in treaty negotiations or the interpretation of treaties. It also reflects on the current areas of disagreement or ambiguity.

Author : Tobias Ackermann
Publisher : Nijhoff International Investme
ISBN 13 : 9789004442801
Total Pages : 491 pages
Book Rating : 4.04/5 ( download)

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Download or read book Investments in Conflict Zones written by Tobias Ackermann and published by Nijhoff International Investme. This book was released on 2020-12-17 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investments in Conflict Zones' addresses the topical and underexplored role of international investment law in armed conflicts, disputed territories, and 'frozen' conflicts. The edited collection explores how these different conflict situations impact the application and interpretation of international investment law and how the protection of investors can be reconciled with the politically charged circumstances and state interests involved. Written by a selected group of experts from different fields of international law, the volume moves beyond the confines of investment law, offering novel insights on its intersection with the law of armed conflict, human rights law, the law of the sea, general international law and national laws, including those adopted by de facto regimes which lack recognition as states.

Author : Patrick Dumberry
Publisher : Oxford International Arbitrati
ISBN 13 : 9780198857075
Total Pages : 416 pages
Book Rating : 4.71/5 ( download)

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Download or read book A Guide to General Principles of Law in International Investment Arbitration written by Patrick Dumberry and published by Oxford International Arbitrati. This book was released on 2020 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the actors involved in investor-State arbitration with a set of comprehensive guidelines to better understand the nature, meaning, and function of general principles of law in the field of international investment law.

Author : D. P. O' Connell
Publisher : Cambridge University Press
ISBN 13 : 1107594693
Total Pages : 467 pages
Book Rating : 4.92/5 ( download)

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Download or read book The Law of State Succession written by D. P. O' Connell and published by Cambridge University Press. This book was released on 2015-12-03 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1956, this book presents an account regarding the legal principles governing the consequences of changes of sovereignty, focusing particularly on British practice during the preceding 150 years. The legal principles governing British practice are compared with those of other states in order to record the main points of doctrinal agreement or divergence.

Author : Patrick Dumberry
Publisher : BRILL
ISBN 13 : 9047420667
Total Pages : 540 pages
Book Rating : 4.68/5 ( download)

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Download or read book State Succession to International Responsibility written by Patrick Dumberry and published by BRILL. This book was released on 2007-07-30 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: The break-up of the Soviet Union, Yugoslavia and Czechoslovakia and the unification of Germany in the 1990s marked the dramatic return to center stage in international law of the issue of State succession. This book deals with one particularly controversial aspect of State succession that until now has not received much attention: the question of State succession to international responsibility. In State Succession to International Responsibility the international lawyer and scholar Patrick Dumberry addresses the question, critical for our times, whether or not a new State may be held responsible for wrongful acts committed before its independence by the predecessor State. He also considers the reverse situation: whether or not a new State may claim reparations for wrongful acts committed before its independence by third parties and which affected the predecessor State or one of its nationals. State Succession to International Responsibility contains the most comprehensive analysis ever published of doctrine and State practice related to these questions. It is the first attempt to examine systematically State conduct, both historical and modern, with a view to identifying the factors and circumstances under which rights and obligations of a predecessor State may be transferred to a new State. Winner 2008 ASIL Certificate of Merit for High Technical Craftsmanship And Utility To Practicing Lawyers And Scholars.