Analogies In International Investment Law And Arbitration

Author : Valentina Vadi
Publisher : Cambridge University Press
ISBN 13 : 1107093317
Total Pages : 319 pages
Book Rating : 4.17/5 ( download)

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Download or read book Analogies in International Investment Law and Arbitration written by Valentina Vadi and published by Cambridge University Press. This book was released on 2015-12-11 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, concerns have arisen in investor-state arbitration with regard to the magnitude of the decision-making power allocated to investment treaty tribunals. This book explores whether the use of analogies can improve the functioning of such arbitration, and how such analogies might be drawn.

Author : Hersch Lauterpacht
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584771844
Total Pages : 352 pages
Book Rating : 4.45/5 ( download)

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Download or read book Private Law Sources and Analogies of International Law written by Hersch Lauterpacht and published by The Lawbook Exchange, Ltd.. This book was released on 2002 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lauterpacht, Sir Hersch. Private Law Sources and Analogies of International Law: With Special Reference to International Arbitration. London: Longmans, Green and Co. Ltd., 1927. xxv, 325 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2001041399. ISBN 1-58477-184-4. Cloth. $75. * A scientific look at the practice of the use of private law for the development of international law. Lauterpacht expands upon this subject with a useful discussion of international arbitration and international tribunals, and refers to numerous cases. An English international lawyer of Polish birth, Lauterpacht [1897-1960] offers a conception of his subject shaped by academic research and practical experience. He was Whewell Professor of International Law at Cambridge and a member of the Institute of International Law and the British Academy. He also served as a judge of the International Court of Justice and was a Bencher of Gray's Inn. Walker, The Oxford Companion to Law 716. The Lawbook Exchange has also published a reprint of his other noted work, The Function of Law in the International Community.

Author : Zachary Douglas
Publisher : OUP Oxford
ISBN 13 : 0191508586
Total Pages : 586 pages
Book Rating : 4.85/5 ( download)

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Download or read book The Foundations of International Investment Law written by Zachary Douglas and published by OUP Oxford. This book was released on 2014-05-01 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.

Author : Valentina Vadi
Publisher : Edward Elgar Publishing
ISBN 13 : 1785368583
Total Pages : 352 pages
Book Rating : 4.85/5 ( download)

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Download or read book Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration written by Valentina Vadi and published by Edward Elgar Publishing. This book was released on 2018-04-27 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :
Publisher :
ISBN 13 :
Total Pages : 350 pages
Book Rating : 4.15/5 ( download)

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Download or read book Private Law Sources and Analogies of International Law : with Special Reference to International Arbitration written by and published by . This book was released on 1927 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Catharine Titi
Publisher : Springer Nature
ISBN 13 : 3030589161
Total Pages : 205 pages
Book Rating : 4.65/5 ( download)

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Download or read book Public Actors in International Investment Law written by Catharine Titi and published by Springer Nature. This book was released on 2021 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book focuses on public actors with a role in the settlement of investment disputes. Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.

Author : Jürgen Kurtz
Publisher : Cambridge University Press
ISBN 13 : 1107009707
Total Pages : 327 pages
Book Rating : 4.07/5 ( download)

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Download or read book The WTO and International Investment Law written by Jürgen Kurtz and published by Cambridge University Press. This book was released on 2016-01-25 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jürgen Kurtz provides a theoretically grounded and doctrinally tractable framework to understand the relationship between international trade and investment law.

Author : Borzu Sabahi
Publisher : BRILL
ISBN 13 : 9004363033
Total Pages : 70 pages
Book Rating : 4.38/5 ( download)

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Download or read book International Investment Law and Arbitration written by Borzu Sabahi and published by BRILL. This book was released on 2018-07-17 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution.

Author : British Institute of International and Comparative Law
Publisher : BIICL
ISBN 13 : 9781905221127
Total Pages : 356 pages
Book Rating : 4.26/5 ( download)

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Download or read book Investment Treaty Law written by British Institute of International and Comparative Law and published by BIICL. This book was released on 2009 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Investment Treaty Forum of the British Institute of International and Comparative Law brings together eminent practitioners, arbitrators, and academics in the dynamic area of international investment law. Members of the Forum, under the British Institute's auspices, examine and debate the legal and policy issues presented by the increasingly complex web of investment treaties and the disputes that arise under them. The Forum held two conferences in 2007. This present volume compiles the papers presented at the conferences, as well as a transcript of the round-table discussion on the subject of 'precedent' in international investment. Part I of the book is devoted to remedies, compensation, and valuation in international investment disputes. This under-theorized area of law is ripe for further exploration by lawyers and economists, and the papers in this volume present a framework for further inquiry. Part II addresses the jurisprudence emerging from investment arbitration tribunals on issues such as fair and equitable treatment, 'umbrella' clauses, and nationality of claimants. The overarching question addressed by the papers, and by the concluding roundtable, is the relationship of those decisions with general international law and whether or not there is, or should be, a doctrine of precedent in investment treaty arbitration.

Author : Stephan W. Schill
Publisher : Oxford University Press
ISBN 13 : 0199589100
Total Pages : 922 pages
Book Rating : 4.04/5 ( download)

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Download or read book International Investment Law and Comparative Public Law written by Stephan W. Schill and published by Oxford University Press. This book was released on 2010-10-14 with total page 922 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.