Czech Yearbook Of International Law Rights Of Host States Within The System Of International Investment Protection 2011

Author : Alexander J. Bělohlávek
Publisher : Juris Publishing, Inc.
ISBN 13 : 1578233054
Total Pages : 432 pages
Book Rating : 4.52/5 ( download)

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Download or read book Czech Yearbook of International Law - Rights of Host States within the System of International Investment Protection - 2011 written by Alexander J. Bělohlávek and published by Juris Publishing, Inc.. This book was released on 2011-03-01 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the successful introduction in 2010 of the Czech Yearbook of International Law, Professor Alexander J. Bělohlávek and Professor Naděžda Rozehnalová, the editors, present the 2011 volume of this ambitious project. The second volume focuses on the admittedly controversial topics relating to a shift from the investors’ viewpoints on investment protection to the contrasting viewpoints of the host states, which are facing growing numbers of alleged claims by investors. Volume II has set as its objective to plot the shift in the paradigm towards a new balance between investors and host states in the investment protection system. Such a shift can be observed in the rising number of counterclaims brought by host states against investors, by the introduction of new standards for evaluation of investments in light of the good faith of the investor at the time of an investment, and by the choice of an absolute means of protection of a host state's interest against investor claims by termination of an existing investment treaty. These topics represent pieces of the whole mosaic of this problem, to which the second volume of the Czech Yearbook of International Law is dedicated to a wide professional audience. The Czech Yearbook of International Law (CYIL) is a collective effort by the following persons and institutions

Author : Alexander J. Bělohlávek
Publisher : Juris Publishing, Inc.
ISBN 13 : 1578233569
Total Pages : 344 pages
Book Rating : 4.64/5 ( download)

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Download or read book Czech Yearbook of International Law - Public Policy and Ordre Public - 2012 written by Alexander J. Bělohlávek and published by Juris Publishing, Inc.. This book was released on 2012-04-01 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are proud to present to our readers Czech Yearbook of International Law 2012, Volume 3. The overarching topic of this volume, Public Policy and Ordre Public turns its focus to the doctrine which is inherently connected with private international law, which is true only at first glance. The problem of Public Policy and Ordre Public is intertwined more deeply in the national legal orders than virtually any legal branch. However, the platform of private international law through which these doctrines emerge and find its strongest application is in the cross-border traffic of the court and extra-court decisions. In these relationships, the most important differences in understanding the extent and nature of these terms take shape. The third volume of the Czech Yearbook of International Law focuses on the uncovering of national differences and the comparison of such doctrines in a global perspective. CYIL 2012 takes into account the completely different connotations given to both doctrines in the United States and the Common Law countries in continental Europe. Institutions participating in the CYIL Project: Academic institutions within Czech Republic: - Masaryk University (Brno), Faculty of Law, Department of International and European Law. - University of West Bohemia in Pilsen, Faculty of Law, Department of Constitutional Law & Department of International Law. - VŠB-TU Ostrava, Faculty of Economics, Department of Law. - Department of European Law, Department of Commercial Law & Centre for Comparative Law of the Faculty of Law, Charles University. - University College of International and Public Relations Prague. - Institute of State and Law of the Academy of Sciences of the Czech Republic, v.v.i. Non-academic institutions in the Czech Republic - Office of the Government of the Czech Republic, Department of Legislation, Prague. - Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic, Prague. - ICC National Committee Czech Republic, Commission on Arbitration, Prague. Institutions outside Czech Republic participating in the CYIL Project: Austria University of Vienna, Department of European, International and Comparative Law, Section for International Law and International Relations. Poland Jagiellonian University in Krakow, Faculty of Law and Administration, Department of Private International Law. Slovak Republic Slovak Academy of Sciences, Institute of State and Law, Bratislava. University of Matej Bel in Banská Bystrica, Faculty of Political Sciences and International Relations, Department of International Affairs and Diplomacy. Trnava University in Trnava, Faculty of Law, Department of Labour Law and Social Security Law.

Author : Karl P. Sauvant
Publisher :
ISBN 13 : 019998302X
Total Pages : 836 pages
Book Rating : 4.25/5 ( download)

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Download or read book Yearbook on International Investment Law & Policy 2011-2012 written by Karl P. Sauvant and published by . This book was released on 2013-03-21 with total page 836 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook on International Investment Law & Policy 2011-2012 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment (FDI). This edition also discusses regulatory and policy developments regarding FDIs in extractive industries.

Author : Albert Jan Van Den Berg
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142991
Total Pages : 597 pages
Book Rating : 4.93/5 ( download)

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Download or read book Yearbook Commercial Arbitration Volume XXXV - 2011 written by Albert Jan Van Den Berg and published by Kluwer Law International B.V.. This book was released on 2011-12-15 with total page 597 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community with reporting on arbitral awards and court decisions applying the leading arbitration conventions, as well as on arbitration legislation and rules.

Author : Andrea K. Bjorklund
Publisher : Oxford University Press
ISBN 13 : 0190265779
Total Pages : 736 pages
Book Rating : 4.79/5 ( download)

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Download or read book Yearbook on International Investment Law and Policy, 2013-2014 written by Andrea K. Bjorklund and published by Oxford University Press. This book was released on 2015-08-14 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law today consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network raises a host of issues regarding international investment law and policy, especially in the area of international investment disputes.The Yearbook on International Investment Law & Policy 2013-2014 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment (FDI). With contributions by leading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers. The 2013-2014 Yearbook begins with trends in international investment and the activities of multinational enterprises, a review of trends and new approaches in international investment agreements for 2013-2014, and a review of international investment law and arbitration for 2013. This edition contains a sample of the research and ideas generated by the Investment Treaty Forum at the British Institute of International and Comparative Law--The Investment Treaty Forum brings together experts in international investment law to engage in high-level debate about salient topics in investment law. This edition covers many important topics, such as the principle of proportionality and the problem of indeterminacy in international investment treaties; proportionality, reasonableness and standards of review in investment treaty arbitration; and the role of investors' legitimate expectations in defense of investment treaty claims. The general articles included in this volume provide analysis of balancing investor protection and regulatory freedom in international investment law. The jurisprudential interaction between ICSID tribunals and the International Court of Justice are also discussed, along with inconsistencies in investor-state awards, the role of state interpretations; old and new ways for host states to defend against investment arbitrations, and approaches and analogies in the countermeasures defense in investor-state disputes. This volume explores the political economy of crises and the international law of necessity after the great recession. In addition to this are articles on minilateral treaty-making and bilateral investment treaties; investment promotion, agencies; the trend toward open contracting; and new regulations on foreign acquisitions of land in Brazil and Argentina. This volume concludes with the winning memorials from the 2013 FDI International Moot Competition.

Author : United Nations Commission on International Trade Law
Publisher : United Nations
ISBN 13 : 9210574842
Total Pages : 1282 pages
Book Rating : 4.46/5 ( download)

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Download or read book United Nations Commission on International Trade Law (UNCITRAL) Yearbook 2012 written by United Nations Commission on International Trade Law and published by United Nations. This book was released on 2015-12-16 with total page 1282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication reproduces the substantive documents prepared each year for the Commission and its working groups. It includes the annual report of the Commission, meeting records, General Assembly resolutions and Sixth Committee reports related to UNCITRAL's work, and a bibliography of recent scholarly writings examining the legal texts prepared by UNCITRAL. The Yearbook is divided into three parts. Part One deals with the Commission's report. Part Two covers studies and reports on specific subjects. Part Three contains meeting records, the bibliography and checklists of UNCITRAL documents prepared in the current and previous years.

Author : Karl P. Sauvant
Publisher : Oxford University Press, USA
ISBN 13 : 0199812357
Total Pages : 1082 pages
Book Rating : 4.56/5 ( download)

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Download or read book Yearbook on International Investment Law & Policy 2010-2011 written by Karl P. Sauvant and published by Oxford University Press, USA. This book was released on 2012-02-16 with total page 1082 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook on International Investment Law & Policy 2010-2011 monitors current developments in international investment law and policy, focusing (in Part One) on recent trends and issues in foreign direct investment (FDI). Part Two then addresses the fundamental developments in European Union policy toward bilateral investment treaties, and annexes the key official European Union documents.

Author : Marc Bungenberg
Publisher : Springer Science & Business Media
ISBN 13 : 3642148557
Total Pages : 207 pages
Book Rating : 4.52/5 ( download)

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Download or read book International Investment Law and EU Law written by Marc Bungenberg and published by Springer Science & Business Media. This book was released on 2011-01-18 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: The entry into force of the Lisbon Treaty entails sweeping changes with respect to foreign investment regulation. Most prominently, the Treaty on the Functioning of the European Union (TFEU) now contains in its Article 207 an explicit competence for the regulation of foreign direct investment as part of the Common Commercial Policy (CCP) chapter. With this new competence, the EU will become an important actor in the field of international investment politics and law. The new empowerment in the field of international investment law prompts a multitude of questions. This volume analyzes in depth the new “post-Lisbon situation” in the area of investment policy, provokes further discussion and offers new approaches.

Author : Flavia Marisi
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403517301
Total Pages : 297 pages
Book Rating : 4.08/5 ( download)

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Download or read book Environmental Interests in Investment Arbitration written by Flavia Marisi and published by Kluwer Law International B.V.. This book was released on 2020-01-24 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental Interests in Investment Arbitration Challenges and Directions Flavia Marisi Economic growth, social inclusion, and environmental protection stand at the core of sustainable development, which aims to deliver long-term growth for current and future generations. Foreign Direct Investment (FDI) can play a key role in sustainable development. Host states’ benefits descending from FDI inflows include tax revenues, technology transfer, specialised training of local human resources, network with satellite activities, better availability of quality products and customer-centric services. These downstream effects jointly stimulate economic growth and social inclusion. This thoroughly researched book explores the relationship between environmental protection – the third component of sustainable development – and FDI. In practice, the intersection between environmental protection and foreign investment not only has generated remarkable success stories such as cross-sectoral green investment but has also in some instances led to severe cases of environmental degradation. Certain foreign investments resulted in open-pit mines leaking harmful substances into the soil, excessive deforestation, improper treatment of water, pollution of groundwater and contamination of mud pits following oil exploitation, leaving the host state with significant environmental damage. Some other cases have witnessed the host state withdrawing or infringing its own environmental policies, which could, in principle, lead to a decrease in the value of the foreign investment as a result of natural resources deterioration. In recent years, an increasing number of investment arbitration cases have seen a clash between the states’ commitments towards their citizens, which include the duty to protect the environment, their health and well-being, and the commitment towards foreign investors to protect their investments. In this book, the author focuses on investor-state cases in which environmental protection measures have been contested and discusses substantive mechanisms in treaty drafting, rules of Customary International Law, and interpretation doctrines, which are aimed at taking environmental concerns into consideration. The topics covered include the following: statistical analysis of investor-state cases where environmental protection measures have been contested; the role of environmental principles in investor-state arbitration; treaty mechanisms addressing environmental concerns; legal tools available under Customary International Law to address environmental interests; the application of the doctrines of proportionality, police powers, and margin of appreciation; and environmental counterclaims as an instrument to claim compensation for environmental damage. The author provides a detailed framework on the normative architecture, offers an extensive analysis of the relevant case law, and proposes concrete solutions to the identified clashes, aimed at refining the balance between environmental and investment protection. With its in-depth analysis and careful documentation, this book aptly captures the inherent fragmentation of international law and undoubtedly represents an invaluable resource for both international law practitioners and scholars. The solution-oriented approach adopted in the book will be welcomed by legal counsel, law firms, investment treaty negotiators, and decision makers at the different stages of investment lawmaking and practice, as well as by international institutions and academics.

Author : Giorgio Sacerdoti
Publisher : Cambridge University Press
ISBN 13 : 1139952668
Total Pages : 479 pages
Book Rating : 4.68/5 ( download)

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Download or read book General Interests of Host States in International Investment Law written by Giorgio Sacerdoti and published by Cambridge University Press. This book was released on 2014-05-29 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Signatory States have the right to take action in order to maintain their financial stability, stimulate economic development or further their non-economic interests (such as health, the environment and food security). However, such measures can potentially conflict with the rights of foreign investors. Regulators and policy makers must take States' international commitments toward foreign investors into account when making decisions. They must also avoid resorting to protectionism in drafting new treaties. With this tension in mind, this book offers a balanced reappraisal of bilateral treaties and regional agreements on foreign investments. The sensitive issues are examined in the light of the case law of arbitral investment tribunals and other international courts, and the analysis highlights how cross-fertilisation between trade and investment can assist in resolving conflicts.