The Foundations Of International Investment Law
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The Foundations of International Investment Law
Author | : Zachary Douglas,Joost Pauwelyn,Jorge E. ViƱuales |
Publsiher | : OUP Oxford |
Total Pages | : 586 |
Release | : 2014-05-01 |
Genre | : Law |
ISBN | : 9780191508578 |
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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.
Principles of International Investment Law
Author | : Rudolf Dolzer,Ursula Kriebaum,Christoph Schreuer |
Publsiher | : Oxford University Press |
Total Pages | : 561 |
Release | : 2022-01-13 |
Genre | : Law |
ISBN | : 9780192672414 |
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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.
Principles of International Investment Law
Author | : Rudolf Dolzer (jurist),Christoph Schreuer |
Publsiher | : Oxford University Press |
Total Pages | : 454 |
Release | : 2012-11-15 |
Genre | : Business & Economics |
ISBN | : 9780199651795 |
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This book provides an ideal introduction to the fundamentals of international investment law and dispute settlement for students or practitioners. It combines a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals.
Foundations of International Economic Law
Author | : David Collins |
Publsiher | : Edward Elgar Publishing |
Total Pages | : 288 |
Release | : 2019-12-27 |
Genre | : Law |
ISBN | : 9781788975698 |
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This introductory textbook explores the key legal principles and institutions that underpin the global economy. Featuring discussion of the economic rationale and social impact of the various legal regimes, Professor David Collins explores the four main pillars in international economic law: international trade, international investment, monetary relations, and development.
International Investment Law and Comparative Public Law
Author | : Stephan W. Schill |
Publsiher | : Oxford University Press |
Total Pages | : 922 |
Release | : 2010-10-14 |
Genre | : Law |
ISBN | : 9780199589104 |
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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.
A Guide to State Succession in International Investment Law
Author | : Patrick Dumberry |
Publsiher | : Edward Elgar Publishing |
Total Pages | : 552 |
Release | : 2018-07-27 |
Genre | : Law |
ISBN | : 9781788116619 |
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A Guide to State Succession in International Investment Law provides a comprehensive analysis of State succession issues arising in the context of international investment law. The author examines whether a successor State is bound by the investment treaties and State contracts which the predecessor State had signed with other States and foreign investors before the date of succession. Actors who are called upon to apply rules of State succession in investment arbitration cases will find this book a valuable source of practical guidance with strong theoretical foundations.
The International Law of Investment Claims
Author | : Zachary Douglas |
Publsiher | : Cambridge University Press |
Total Pages | : 685 |
Release | : 2009-06-11 |
Genre | : Law |
ISBN | : 9780521855679 |
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This book is a codification of the principles and rules relating to the prosecution of investment claims.
The Multilateralization of International Investment Law
Author | : Stephan W. Schill |
Publsiher | : Cambridge University Press |
Total Pages | : 491 |
Release | : 2009-08-20 |
Genre | : Law |
ISBN | : 9780521762366 |
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The book argues that international investment law is a structured body of law based on uniform principles of investment protection.