Investment Treaties And The Legal Imagination

Author : Nicolás M. Perrone
Publisher : Oxford University Press
ISBN 13 : 0192606743
Total Pages : 256 pages
Book Rating : 4.47/5 ( download)

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Download or read book Investment Treaties and the Legal Imagination written by Nicolás M. Perrone and published by Oxford University Press. This book was released on 2021-01-14 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign investors have a privileged position under investment treaties. They enjoy strong rights, have no obligations, and can rely on a highly efficient enforcement mechanism: investor-state dispute settlement (ISDS). Unsurprisingly, this extraordinary status has made international investment law one of the most controversial areas of the global economic order. This book sheds new light on the topic, by showing that foreign investor rights are not the result of unpredicted arbitral interpretations, but rather the outcome of a world-making project realized by a coalition of business leaders, bankers, and their lawyers in the 1950s and 1960s. Some initiatives that these figures planned for did not emerge, such as a multilateral investment convention, but they were successful in developing a legal imagination that gradually occupied the space of international investment law. They sought not only to set up a dispute settlement mechanism but also to create a platform to ground their vision of foreign investment relations. Tracing their normative project from the post-World War II period, this book shows that the legal imagination of these business leaders, bankers, and lawyers is remarkably similar to present ISDS practice. Common to both is what they protect, such as foreign investors' legitimate expectations, as well as what they silence or make invisible. Ultimate, this book argues that our canon of imagination, of adjustment and potential reform, remains closely associated with this world-making project of the 1950s and 1960s.

Author : Nicolás M. Perrone
Publisher : Oxford University Press
ISBN 13 : 0192606751
Total Pages : 273 pages
Book Rating : 4.54/5 ( download)

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Download or read book Investment Treaties and the Legal Imagination written by Nicolás M. Perrone and published by Oxford University Press. This book was released on 2021-01-14 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign investors have a privileged position under investment treaties. They enjoy strong rights, have no obligations, and can rely on a highly efficient enforcement mechanism: investor-state dispute settlement (ISDS). Unsurprisingly, this extraordinary status has made international investment law one of the most controversial areas of the global economic order. This book sheds new light on the topic, by showing that foreign investor rights are not the result of unpredicted arbitral interpretations, but rather the outcome of a world-making project realized by a coalition of business leaders, bankers, and their lawyers in the 1950s and 1960s. Some initiatives that these figures planned for did not emerge, such as a multilateral investment convention, but they were successful in developing a legal imagination that gradually occupied the space of international investment law. They sought not only to set up a dispute settlement mechanism but also to create a platform to ground their vision of foreign investment relations. Tracing their normative project from the post-World War II period, this book shows that the legal imagination of these business leaders, bankers, and lawyers is remarkably similar to present ISDS practice. Common to both is what they protect, such as foreign investors' legitimate expectations, as well as what they silence or make invisible. Ultimate, this book argues that our canon of imagination, of adjustment and potential reform, remains closely associated with this world-making project of the 1950s and 1960s.

Author : Rudolf Dolzer
Publisher : Oxford University Press
ISBN 13 : 019267241X
Total Pages : 561 pages
Book Rating : 4.14/5 ( download)

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Download or read book Principles of International Investment Law written by Rudolf Dolzer and published by Oxford University Press. This book was released on 2022-01-13 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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-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, scholars, and practitioners alike.

Author : Kenneth J. Vandevelde
Publisher :
ISBN 13 :
Total Pages : 916 pages
Book Rating : 4.18/5 ( download)

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Download or read book U.S. International Investment Agreements written by Kenneth J. Vandevelde and published by . This book was released on 2009 with total page 916 pages. Available in PDF, EPUB and Kindle. Book excerpt: U.S. International Investment Agreements is the definitive interpretative guide to the United States' bilateral investment treaties (BITs) and free trade agreements (FTAs) with investment chapters. Providing an authoritative look at the development of the BIT program, treatment provisions,expropriation, and other provisions, Kenneth J. Vandevelde draws on his years of investment treaty and agreement expertise as both a former practitioner and a scholar. This unique and well-organized book analyzes the development of U.S. international investment agreement language and strategy withintheir historical context. It also explains the newest changes to the model negotiating text (US Model BIT 2004) and additional treaties.

Author : Christian J. Tams
Publisher : Edward Elgar Publishing
ISBN 13 : 1785368885
Total Pages : 384 pages
Book Rating : 4.82/5 ( download)

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Download or read book International Investment Law and the Global Financial Architecture written by Christian J. Tams and published by Edward Elgar Publishing. This book was released on 2017-02-24 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores whether investment law should protect against such regulatory measures, including where these have the support of multilateral institutions. It considers where the line should be drawn between legitimate regulation and undue interference with investor rights and, equally importantly, who draws it.

Author : Steffen Hindelang
Publisher : Springer Nature
ISBN 13 : 3031085140
Total Pages : 266 pages
Book Rating : 4.47/5 ( download)

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Download or read book YSEC Yearbook of Socio-Economic Constitutions 2021 written by Steffen Hindelang and published by Springer Nature. This book was released on 2022-07-12 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses contemporary challenges, enabled by modern technology, that concern upholding freedom of speech where it conflicts with social rights, such as respect for private and family life, and with economic rights, such as the freedom to conduct business or the right to free movement. In today’s networked world, technological shifts happen faster than most people even realize. Some of these shifts have made us all potentially powerful: media powerful. We used to sit in silence in front of newspapers and TV screens, and the world was explained to us by just a few sources. Today, thanks to the Internet, social media, and Web 2.0, we can not only share our own thoughts with everyone in a more self-determined way, but we can also take part in public debate and even co-shape it ourselves. Of course, the Internet is not a counter-design to the communication (power) structures of the past. Gains in communicative self-determination are threatened due to algorithmisation, platformisation, and value extraction from self-created private markets. At the same time, the empowerment of the individual challenges the old “grand speakers” who are suddenly detecting “fake news”, echo chambers, and filter bubbles everywhere on the Internet. Internet-based communication allegedly hinders us from the “one truth”; as if newspaper hoaxes, propaganda, and narrow-mindedness were an invention of the Internet. The current heated debate over “fake news”, copyright, and “upload filters” shows that we are unsure of how to deal with the newer and more complex phenomena of Internet-based speech. This is due in no small part to the fact that an important benchmark – our constitutional compass – is still firmly rooted in the past. Constitutions change far more slowly than technologies. Societal changes can drive constitutional changes; but what about normative content control? Today, there are already demands for “old-school clarity”: truth filters on social media platforms, horrendous sums of liability for platforms that encourage (overly)thorough cleaning up. However, it is equally true that private individuals “regulate”: they decide what is found on the Internet and who may post on a given platform. Accounting for all interests at play and striking a “fair” balance that avoids both a public and private over- and under-regulation is a complex matter. The authors of this volume not only provide reflections in their highly topical contributions, but also share their understanding of what constitutes a fair balance within the larger frame of freedom of speech in a digital age.

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 : Andrea Bjorklund
Publisher : Oxford University Press
ISBN 13 : 0199386331
Total Pages : 752 pages
Book Rating : 4.38/5 ( download)

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Download or read book Yearbook on International Investment Law & Policy 2012-2013 written by Andrea Bjorklund and published by Oxford University Press. This book was released on 2014-07-07 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, international investment law 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 2012-2013 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. Contributions to the Yearbook on International Investment Law & Policy 2012-2013 cover the 2012-2013 trends in international investment agreements, the Foreign Direct Investment (FDI) trends, and the challenge of investment policies for outward FDI, as well as a review of 2012 international investment law and arbitration. This edition contains essays from the Symposium on Sustainable Development and International Investment Law: Bridging the Divide. Also included are general articles providing an analysis of arbitral tribunal practice regarding the applicable law to state contracts under the ICSID Convention in the Twenty First Century; the role of municipal laws in investment arbitration; the status of state-controlled entities under international investment law, the US and the Trans-Pacific partnership (TPP); new 2012 US Model BITs; and the Regulation of FDI in Bolivia. This volume concludes with the winning memorials from the 2012 FDI International Moot Competition.

Author : Esmé Shirlow
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403526610
Total Pages : 744 pages
Book Rating : 4.14/5 ( download)

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Download or read book The Vienna Convention on the Law of Treaties in Investor-State Disputes written by Esmé Shirlow and published by Kluwer Law International B.V.. This book was released on 2022-08-25 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Vienna Convention on the Law of Treaties (VCLT) – as the ‘treaty on treaties’ – has achieved a rich and nuanced track record of use in international law. It has now been over fifty years since the VCLT was opened for signature in 1969, and over forty years since it entered into force in 1980. As of 2022, the VCLT has been ratified by 116 States and signed by 45 others, with some non-ratifying States also recognising parts as reflective of customary international law. In the intervening decades, the VCLT has had a profound influence on the interpretation, application and development of international investment law, including in the context of investment treaty arbitration. This book presents the first consolidated analysis of how the VCLT has informed the practice of international investment law and the resolution of investor-State disputes, and the role that the VCLT may play in shaping the future of this field. The diverse contributors to this book are scholars and practitioners from around the world, who offer a variety of perspectives on the nexus between the VCLT, international investment law and investor-State dispute settlement (ISDS). Each chapter demonstrates how approaches to key issues of treaty law in investment treaty arbitration diverge or converge from the VCLT and approaches of other international courts, as well as the lessons that investment treaty arbitration could derive – or even offer – for the interpretation and application of the VCLT rules in other settings. Their insights and analyses consider aspects such as the role of the VCLT for: interpretation of more specific approaches to treaty law drafted by treaty negotiators; treaty application in circumstances of contested State territory or succession challenges; temporal challenges arising in treaty interpretation; the status of bilateral investment treaties between European Union Member States and related termination endeavours; questions concerning the validity, termination and amendment of investment treaties, including as part of ongoing ISDS reform processes; current multilateral reform proposals, including the possibility of an appellate mechanism or a multilateral investment court; grappling with the challenge of fragmentation in international investment law, including the role of prior decisions in treaty interpretation, the challenges introduced by treaty conflict and the multitude of approaches that may be taken by national courts when implementing treaties like the New York Convention; and treaty interpretation and drafting as aided by emerging technologies, such as data analytics, machine learning, smart contracts and blockchain. The book’s appendix provides a highly valuable tabular summary of ISDS arbitral practice relating to the VCLT, collating key references from over 350 different procedural orders, decisions and awards. By revisiting the role that the VCLT has played in the development of this field of law, this invaluable book unlocks insights into how the VCLT might be used to support its ongoing development and the resolution of the next generation of investor-State disputes. This book is essential reading for a variety of stakeholders, including arbitrators, counsel, scholars and government officials, who will benefit from its in-depth and practical analysis of the VCLT’s relevance to and impact on investment law and investor-State arbitration and its role in shaping where this field of public international law might be headed in the decades to come.

Author : Yenkong Ngangjoh Hodu
Publisher :
ISBN 13 : 9781526182470
Total Pages : 0 pages
Book Rating : 4.75/5 ( download)

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Download or read book African Perspectives in International Investment Law written by Yenkong Ngangjoh Hodu and published by . This book was released on 2024-11-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The tremendous growth in foreign direct investment (FDI) in Africa comes at a time when the field of international investment law and arbitration is witnessing a renewal. The investment has led to big business for law firms in the area of investment arbitration and the last decade has witnessed an increased number of investment treaties, proliferating investment disputes, the rise of mega-regional trade agreements and the negotiation of mega-regional infrastructure projects. Yet, while the argument in support of investment treaties as instruments to attract foreign direct investment is highly contested, many African countries are no doubt becoming more aware of the need to reshape the international investment architecture. This volume explores trends in FDI on the African continent, the benefits and challenges that FDI presents for African States, and Africa's participation in the international investment law regime. Featuring contributions from leading African international lawyers, arbitrators, jurists, academics and litigation experts, this landmark volume is the first of its kind to explore African perspectives in international investment law. Hodu and Mbengue bring together non-mainstream approaches to the debate on the nexus between foreign investment and development, addressing key conceptual issues that will define contemporary international investment law for decades to come. With insights and critical comments on the challenges of Africa's foreign investment climate and international investment law, this timely collection is essential reading for academics, students and practitioners alike.