The Origins Of International Investment Law

Author : Kate Miles
Publisher : Cambridge University Press
ISBN 13 : 1107039398
Total Pages : 499 pages
Book Rating : 4.91/5 ( download)

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Download or read book The Origins of International Investment Law written by Kate Miles and published by Cambridge University Press. This book was released on 2013-10-24 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the origins of international investment law and their continued resonance in the twenty-first century.

Author : Kate Miles
Publisher : Cambridge University Press
ISBN 13 : 1107435234
Total Pages : 499 pages
Book Rating : 4.30/5 ( download)

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Download or read book The Origins of International Investment Law written by Kate Miles and published by Cambridge University Press. This book was released on 2013-10-24 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is a complex and dynamic field. Yet, the implications of its history are under explored. Kate Miles examines the historical evolution of international investment law, assessing its origins in the commercial and political expansionism of dominant states during the seventeenth to early twentieth centuries and the continued resonance of those origins within modern foreign investment protection law. In particular, the exploration of the activities of the Dutch East India Company, Grotius' treatises, and pre-World War II international investment disputes provides insight into current controversies surrounding the interplay of public and private interests, the systemic design of investor-state arbitration, the substantive focus of principles, and the treatment of environmental issues within international investment law. In adopting such an approach, this book provides a fresh conceptual framework through which contemporary issues can be examined and creates new understandings of those controversies.

Author : Meg Kinnear
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041161414
Total Pages : 778 pages
Book Rating : 4.13/5 ( download)

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Download or read book Building International Investment Law written by Meg Kinnear and published by Kluwer Law International B.V.. This book was released on 2015-12-22 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by an expert on the chapter’s particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analyzing what the case held, how it has been applied, and its overall significance to the development of international investment law. These topics include: - applicable law; - res judicata in investor-State arbitration; - notion of investment; - investor nationality; - consent to arbitration; - substantive standards of treatment; - consequences of corruption in investor-State arbitration; - State defenses - counter-claims; - assessment of damages and cost considerations; - ICSID Arbitration Rule 41(5) objections; - mass claims, consolidation and parallel proceedings; - provisional measures; - arbitrator challenges; - transparency and amicus curiae; and - annulment. Because the law of international investment continues to grow in importance in an ever globalizing world, this book is more than a fitting way to mark the past fifty years and to welcome the next fifty years of development. It will prove both educational for practitioners new to the field and informative for seasoned investment lawyers. Moreover, the book itself is a landmark that will be of great value to professionals, scholars and students interested in international investment law.

Author : Arnaud de Nanteuil
Publisher : Edward Elgar Publishing
ISBN 13 : 1788975898
Total Pages : 408 pages
Book Rating : 4.96/5 ( download)

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Download or read book International Investment Law written by Arnaud de Nanteuil and published by Edward Elgar Publishing. This book was released on 2020-02-28 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book provides a complete overview of the international legal system of foreign investment protection, synthesising material from treaties, general international law, contracts and case law to demonstrate a coherent system of investment protection. Through this systematic approach, the book considers all aspects of the discipline, providing a thorough and accessible analysis.

Author : Todd Weiler
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004232230
Total Pages : 572 pages
Book Rating : 4.35/5 ( download)

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Download or read book The Interpretation of International Investment Law written by Todd Weiler and published by Martinus Nijhoff Publishers. This book was released on 2013-05-02 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Interpretation of International Investment Law: Equality, Discrimination and Minimum Standards of Treatment in Historical Context, author Todd Weiler demonstrates how historical analysis should be adopted in the interpretation of international investment law obligations. Weiler subjects some of the most commonly held beliefs about the nature and development of international investment law to a critical re-appraisal, based upon meticulously assembled historical record. In the process, the book provides readers with a fresh perspective on some of the oldest obligations in international 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 : Stephan W. Schill
Publisher : Edward Elgar Publishing
ISBN 13 : 1786439964
Total Pages : 400 pages
Book Rating : 4.63/5 ( download)

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Download or read book International Investment Law and History written by Stephan W. Schill and published by Edward Elgar Publishing. This book was released on 2018 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historiographical approaches in international investment law scholarship are becoming ever more important. This insightful book combines perspectives from a range of expert international law scholars who explore ways in which using a broad variety of methods in historical research can lead to a better understanding of international investment law.

Author : M. Sornarajah
Publisher : Cambridge University Press
ISBN 13 : 0521763274
Total Pages : 555 pages
Book Rating : 4.71/5 ( download)

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Download or read book The International Law on Foreign Investment written by M. Sornarajah and published by Cambridge University Press. This book was released on 2010-05-06 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a thought-provoking and authoritative text on this fast moving field of international law.

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 : Sebastián Mantilla Blanco
Publisher : Springer Nature
ISBN 13 : 3030248380
Total Pages : 698 pages
Book Rating : 4.83/5 ( download)

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Download or read book Full Protection and Security in International Investment Law written by Sebastián Mantilla Blanco and published by Springer Nature. This book was released on 2019-10-24 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive study of the standard of ‘full protection and security’ (FPS) in international investment law. Ever since the Germany-Pakistan BIT of 1959, almost every investment agreement has included an FPS clause. FPS claims refer to the most diverse factual settings, from terrorist attacks to measures concerning concession contracts. Still, the FPS standard has received far less scholarly attention than other obligations under international investment law. Filling that gap, this study examines the evolution of FPS from its medieval roots to the modern age, delimits the scope of FPS in customary international law, and analyzes the relationship between FPS and the concept of due diligence in the law of state responsibility. It additionally explores the interpretation and application of FPS clauses, drawing particular attention to the diverse wording used in investment treaties, the role ascribed to custom, and the interplay between FPS and other treaty-based standards. Besides delivering a detailed analysis of the FPS standard, this book also serves as a guide to the relevant sources, providing an overview of numerous legal instruments, examples of state practice, arbitral decisions, and related academic publications about the standard.