Briefing On The Investment Act

At the end of the Second World War, a growing concern that Canadians' civil liberties were not adequately protected, coupled with the international revival of the concept of universal human rights, led to a long public campaign to adopt a national bill of rights. While these initial efforts had been only partially successful by the 1960s, they laid the foundation for the radical change in Canadian human rights achieved by Pierre Elliott Trudeau in the 1980s. In Toward the Charter Christopher MacLennan explores the origins of this dramatic revolution in Canadian human rights, from its beginnings in the Great Depression to the critical developments of the 1960s. Drawing heavily on the experiences of a diverse range of human rights advocates, the author provides a detailed account of the various efforts to resist the abuse of civil liberties at the hands of the federal government and provincial legislatures and the resulting campaign for a national bill of rights. The important roles played by parliamentarians such as John Diefenbaker and academics such as F.R. Scott are placed alongside those of trade unionists, women, and a long list of individuals representing Canada's multicultural groups to reveal the diversity of the bill of rights movement. At the same time MacLennan weaves Canadian-made arguments for a bill of rights with ideas from the international human rights movement led by the United Nations to show that the Canadian experience can only be understood within a wider, global context.

This book presents the very first, interdisciplinarily grounded, comprehensive appraisal of a future "Common European Law on Investment Screening". Thereby, it provides a foundation for a European administrative law framework for investment screening by setting out viable solutions and evaluating their pros and cons. Daimler, the harbour terminal in Zeebrugge, or Saxo Bank are only three recent examples of controversially discussed company takeovers in Europe. The "elephant in the room" is China and its "Belt and Road Initiative". The political will in Europe is growing to more actively control investments flowing into the EU. The current regulatory initiatives raise several fundamental, constitutional and regulatory issues. Surprisingly, they have not been addressed in any depth so far. The book takes stock of the current rather fragmented regulatory approaches and combines contributions from leading international academics, practitioners, and policy makers in their respective fields. Due to the volume's comprehensive approach, it is expected to influence the broader debate on the EU's upcoming regulation of this matter. The book is addressed to participants from academia as well as to representatives from government, business, and civil society.

I. Introduction II. History and Limitations of the Traditional System for Resolving Investment Disputes III. The Modern System of Investor-State Arbitration IV. Commonly Used Procedural Rules V. Procedural Law Applicable in Investor-State Arbitration VI. National Court Interference: Anti-Arbitration Injunctions VII. The Course of an Investment Arbitration VIII. Consolidation under Relevant Arbitration Rules or Treaties IX. Governing Law in Investment Disputes X. Consent to Arbitral Jurisdiction XI. The Concept of Investment XII. The Nationality of the Investor XIII. Exhaustion of Local Remedies XIV. Election of Forum: National Courts and Contract Arbitrations XV. Discrimination XVI. Expropriation XVII. "Fair and Equitable Treatment" and "Full Protection and Security" XVIII. Umbrella Clauses XIX. Damages, Compensation, and Non-Pecuniary Remedies XX. Annulment and Set Aside XXI. Enforcement of Awards XXII. The Future of International Investment Arbitration Select Bibliography Index Table of Cases Index of Treaties, Conventions, and International Agreements.