Reassertion of Control over the Investment Treaty Regime

Author: Andreas Kulick

Publisher: Cambridge University Press

ISBN: 131678116X

Category: Law

Page: N.A

View: 8791

Driven by public opinion in host states, contracting parties to investment agreements are pursuing many avenues in order to curb a system that is being perceived - correctly or not - as having run out of control. Reassertion of Control over the Investment Treaty Regime is the first book of its kind to examine the many issues of procedure, substantive law, and policy which arise from this trend. From procedural aspects such as frivolous claims mechanisms, the establishment of appeals mechanism or state-state arbitration, to substantive issues such as joint interpretations, treaty termination or detailed definitions of standards of protection, the book identifies and discusses the main means by which states do or may reassert their control over the interpretation and application of investment treaties. Each chapter tackles one of these avenues and evaluates its potential to serve as an instrument in states' reassertion of control.

International Challenges in Investment Arbitration

Author: Mesut Akbaba,Giancarlo Capurro

Publisher: Routledge

ISBN: 1351580124

Category: Law

Page: 266

View: 6931

As the proverbial workhorse of international economic law, investment arbitration is heavily relied upon around the globe. It has to cope with the demands of increasingly complex proceedings. At the same time, investment arbitration has come under close public scrutiny in the midst of heated political debate. Both of these factors have led to the field of investment protection being subject to continuous changes. Therefore, it presents an abundance of challenges in its interpretation and application. While these challenges are often deeply rooted in the doctrinal foundations of international law, they similarly surface during live arbitral proceedings. International Challenges in Investment Arbitration serves not only as a collection of recently debated issues in investment law; it also deals with the underlying fundamental questions at the intersection of investment arbitration and international law. The book is the product of the 1st Bucerius Law Journal Conference on International Investment Law & Arbitration. It combines the current state of knowledge, new perspectives on the topic as well as practical issues and will be of interest to researchers, academics and practitioners in the fields of international investment law, international economic law, regulation and comparative law.

The Impact of Investment Treaty Law on Host States

Enabling Good Governance?

Author: Mavluda Sattorova

Publisher: Bloomsbury Publishing

ISBN: 1509901973

Category: Law

Page: 232

View: 9833

Traditionally, international investment law was conceptualised as a set of norms aiming to ensure good governance for foreign investors, in exchange for their capital and know-how. However, the more recent narratives postulate that investment treaties and investor–state arbitration can lead to better governance not just for foreign investors but also for host state communities. Investment treaty law can arguably foster good governance by holding host governments liable for a failure to ensure transparency, stability, predictability and consistency in their dealings with foreign investors. The recent proliferation of such narratives in investment treaty practice, arbitral awards and academic literature raises questions as to their juridical, conceptual and empirical underpinnings. What has propelled good governance from a set of normative ideals to enforceable treaty standards? Does international investment law possess the necessary characteristics to inspire changes at the national level? How do host states respond to investment treaty law? The overarching objective of this monograph is to unpack existing assumptions concerning the effects of international investment law on host states. By combining doctrinal, empirical, comparative analysis and unveiling the emerging 'nationally felt' responses to international investment norms, the book aims to facilitate a more informed understanding of the present contours and the nature of the interplay between international investment norms and national realities.

Asia's Changing International Investment Regime

Sustainability, Regionalization, and Arbitration

Author: Julien Chaisse,Tomoko Ishikawa,Sufian Jusoh

Publisher: Springer

ISBN: 9811058822

Category: Law

Page: 260

View: 1803

This book focuses on the Asia-Pacific region, delineating the evolving dynamics of foreign investment in the region. It examines the relationship between efforts to increase foreign direct investment (FDI) and efforts to improve governance and inclusive growth and development. Against a background of rapidly developing international investment law, it emphasises the need to strike a balance between these domestic and international legal frameworks, seeking to promote both foreign investment and the laws and policies necessary to regulate investments and investor conduct. Foreign investments play a pivotal role in most countries’ political economies, and in order to encourage cross-border capital flows, countries have taken various steps, such as revising their domestic legal frameworks, liberalising rules on inward and outward investment, and creating special regimes that provide incentives and protections for foreign investment. Alongside the developments in domestic laws, countries have also taken bilateral and multilateral action, including entering into trade and/or investment agreements. Further, the book explores regional investment trends, highlights specific features of Asia-Pacific investment laws and treaties, and analyses policy implications. It addresses four overarching themes: the trends (how Asia-Pacific’s agreements compare with recent global trends in the evolving rules on foreign investment); what China is doing; current investment arbitration practice in Asia; and the importance of regionalising investment law in the Asia-Pacific region. In addition, it identifies and discusses the research and policy gaps that should be filled in order to promote more sustainable and responsible investment. The book offers a valuable resource not only for academics and students, but also for trade and investment officials, policy-makers, diplomats, economists, lawyers, think tanks, and business leaders interested in the governance and regulation of foreign investment, economic policy reforms, and the development of new types of investment agreements.

International Investment Law and History

Author: Stephan W. Schill,Christian J. Tams,Rainer Hofmann

Publisher: Edward Elgar Publishing

ISBN: 1786439964

Category:

Page: 400

View: 1824

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.

Regulatory Autonomy in International Economic Law

The Evolution of Australian Policy on Trade and Investment

Author: Andrew D. Mitchell,Elizabeth Sheargold,Tania Voon

Publisher: Edward Elgar Publishing

ISBN: 1785368176

Category:

Page: N.A

View: 4852

Regulatory Autonomy in International Economic Law provides the first extensive legal analysis of Australia’s trade and investment treaties in the context of their impact on national regulatory autonomy. This thought-provoking study offers compelling lessons for not only Australia but also countries around the globe in relation to pressing current problems, including the uncertain future of the World Trade Organization and widespread concerns about the legitimacy of investor–State dispute settlement.

Interpretation of International Investment Treaties

Author: Tarcisio Gazzini

Publisher: Bloomsbury Publishing

ISBN: 1782255664

Category: Law

Page: 424

View: 6769

This book offers a systematic study of the interpretation of investment-related treaties – primarily bilateral investment treaties, the Energy Charter Treaty, Chapter XI NAFTA as well as relevant parts of Free Trade Agreements. The importance of interpretation in international law cannot be overstated and, indeed, most treaty claims adjudicated before investment arbitral tribunals have raised and continue to raise crucial and often complex issues of interpretation. The interpretation of investment treaties is governed by the Vienna Convention on the Law of Treaties (VCLT). The disputes relating to these treaties, however, are rather peculiar as they place multinational companies (or natural person) in opposition to sovereign governments. Fundamental questions dealt with in the study include: Are investment treaties a special category of treaty for the purpose of interpretation? How have the rules on interpretation contained in the VCLT been applied in investment disputes? What are the main problems encountered in investment-related disputes? To what extent are the VCLT rules suited to the interpretation of investment treaties? Have tribunals developed new techniques concerning treaty interpretation? Are these techniques consistent with the VCLT? How can problems relating to interpretation be solved or minimised? How creative have arbitral tribunals been in interpreting investment treaties? Are States capable of keeping effective control over interpretation?

International Investment Law and Development

Bridging the Gap

Author: Stephan W. Schill,Christian J. Tams,Rainer Hofmann

Publisher: Edward Elgar Publishing

ISBN: 1784711357

Category: LAW

Page: 488

View: 3338

International investment law has often been seen as an obstacle to sustainable development. While the connections between investment and development are plain, for a long time there has been relatively little scholarship exploring them. Combining critical reflection and detailed analysis, this book addresses the relationship between contemporary investment law and development. The book is organized around two competing visions of investment and development - as working either harmoniously or in conflict with one another. The expert contributors reflect on both of these views and analyse the social dimensions of development and its impact on investment law. Coverage includes in-depth discussion on such issues as human rights, poverty reduction, labor standards, and indigenous peoples. Students and scholars of international investment law will benefit from the informed analysis of the links between investment and development. This book will also be of use to practitioners and experts of development law who are looking for an up-to-date perspective of the field.

The Impact of Investment Treaties on Contracts Between Host States and Foreign Investors

Author: Jan Ole Voss

Publisher: Martinus Nijhoff Publishers

ISBN: 9004192239

Category: Law

Page: 363

View: 540

In the field of investment treaty arbitration, the co-existence of contracts and treaties has generated an increasingly divided jurisprudence on central aspects of treaty interpretation. This book comprehensively examines the legal problems surrounding the relationship of these two instruments. ?????

The European Rescue of the Nation-state

Author: Alan S. Milward,George Brennan

Publisher: Psychology Press

ISBN: 9780415216289

Category: Business & Economics

Page: 466

View: 9009

This newly revised and updated second edition is the classic economic and political account of the origins of the European Community. On one level it is an original analysis of the forces which brought the EC together, on another it is an explanation based on historical analysis of the future relationship between nation-state and the European Union. Combining political with economic analysis, and based on extensive primary research in several countries, this book offers a challenging interpretation of the history of the western European state and European integration.

Global Public Interest in International Investment Law

Author: Andreas Kulick

Publisher: Cambridge University Press

ISBN: 1139510886

Category: Law

Page: N.A

View: 2664

The strengths of international investment law - above all, a strong focus on investor interests and an effective adjudication and enforcement system - also entail its weaknesses: it runs the danger of impeding or even sanctioning the host states' legitimate regulatory interests and ignoring other fields of public international law. How does it cope with public interest concerns such as human rights, the environment or the fight against corruption? At the heart of this book lies a fresh approach towards a general theory of such global public interest considerations in the investment realm. Delineating how and why those considerations matter, and why the current system does not accommodate them properly, Andreas Kulick fleshes out general principles and customary international law as defences the host state may raise against alleged investor rights infringements and promotes proportionality as the appropriate balancing mechanism.

The International Law on Foreign Investment

Author: M. Sornarajah

Publisher: Cambridge University Press

ISBN: 1108293611

Category: Law

Page: N.A

View: 7077

Following the Trans-Pacific Partnership (TPP) and Transatlantic Trade and Investment Partnership (TTIP), the demonstrations against investor-state arbitration and the wide discussion during the 2016 US presidential election, the climate surrounding foreign investment law is one of controversy and change, and with implications for human rights and environmental protection, foreign investment law has gained widespread public attention and visibility. Addressing the pressing need to examine foreign investment law in the context of public international law, the role of the multinational corporation in foreign investment and issues of liability for environmental and other damage, this new edition analyses contractual and treaty-based methods of investment protection and examines the effectiveness of bilateral and regional investment treaties. By offering thought-provoking analysis of the law in historical, political and economic contexts, this fully updated edition of Sornarajah's classic text captures leading trends and charts the possible course of future developments. Suitable for postgraduate and undergraduate students, The International Law on Foreign Investment is essential reading for anyone specialising in the law of foreign investments.

The Economic Consequences of the Peace

The classic text on the Treaty of Versailles and post war Europe

Author: John Maynard Keynes

Publisher: Harriman House Limited

ISBN: 0857190113

Category: Business & Economics

Page: 174

View: 9267

An attendee at the ill-fated Versailles Conference, John Maynard Keynes had a front-row seat for the negotiations that would squander a peace and sew discord across a continent. One of his best-written works, 'The Economic Consequences of the Peace' was key in propelling Keynes to prominence. Published in 1919, it gained notoriety owing to its withering portraits of both French premier Georges Clemenceau and US president Woodrow Wilson. A best seller throughout the world, it was instrumental in creating the perception of the Germans as unfairly treated after the First World War. This in turn was crucial in prompting public support for appeasement, so that both the Treaty - and his eloquent criticisms of it - form a key part of the background to both World Wars I and II.

The Foundations and Future of Financial Regulation

Governance for Responsibility

Author: Mads Andenas,Iris H-Y Chiu

Publisher: Routledge

ISBN: 113504337X

Category: Law

Page: 544

View: 8792

Financial regulation has entered into a new era, as many foundational economic theories and policies supporting the existing infrastructure have been and are being questioned following the financial crisis. Goodhart et al’s seminal monograph "Financial Regulation: Why, How and Where Now?" (Routledge:1998) took stock of the extent of financial innovation and the maturity of the financial services industry at that time, and mapped out a new regulatory roadmap. This book offers a timely exploration of the "Why, How and Where Now" of financial regulation in the aftermath of the crisis in order to map out the future trajectory of financial regulation in an age where financial stability is being emphasised as a key regulatory objective. The book is split into four sections: the objectives and regulatory landscape of financial regulation; the regulatory regime for investor protection; the regulatory regime for financial institutional safety and soundness; and macro-prudential regulation. The discussion ranges from theoretical and policy perspectives to comprehensive and critical consideration of financial regulation in the specifics. The focus of the book is on the substantive regulation of the UK and the EU, as critical examination is made of the unravelling and the future of financial regulation with comparative insights offered where relevant especially from the US. Running throughout the book is consideration of the relationship between financial regulation, financial stability and the responsibility of various actors in governance. This book offers an important contribution to continuing reflections on the role of financial regulation, market discipline and corporate responsibility in the financial sector, and upon the roles of regulatory authorities, markets and firms in ensuring the financial health and security of all in the future.

The Creation of States in International Law

Author: James Crawford

Publisher: Oxford University Press

ISBN: 0198260024

Category: Law

Page: 870

View: 5234

Presents a comprehensive treatment of statehood in the field of international law. While retaining an enormous wealth of historical material of continuing validity, this edition tackles problems and questions such as the international disposition of territory in Kosovo and East Timor, claims for secession in Chechnya and Quebec, and more.

Rethinking the Economics of Land and Housing

Author: Josh Ryan-Collins,Toby Lloyd,Laurie Macfarlane

Publisher: Zed Books Ltd.

ISBN: 1786991217

Category: Business & Economics

Page: 280

View: 9159

Why are house prices in many advanced economies rising faster than incomes? Why isn’t land and location taught or seen as important in modern economics? What is the relationship between the financial system and land? In this accessible but provocative guide to the economics of land and housing, the authors reveal how many of the key challenges facing modern economies - including housing crises, financial instability and growing inequalities - are intimately tied to the land economy. Looking at the ways in which discussions of land have been routinely excluded from both housing policy and economic theory, the authors show that in order to tackle these increasingly pressing issues a major rethink by both politicians and economists is required.

Blue-green Province

The Environment and the Political Economy of Ontario

Author: Mark Winfield

Publisher: UBC Press

ISBN: 0774822368

Category: Nature

Page: 277

View: 4745

In Blue-Green Province, Mark Winfield takes a long overdue look at the crucial relationship between Ontario’s environmental policy and its politics and economy. Covering the period from the Progressive Conservative "dynasty" that dominated Ontario politics from the mid-1940s to the mid-1980s, through the subsequent Peterson, Rae, Harris, Eves, and McGuinty governments, Winfield offers a trenchant analysis of the effects on Ontario’s environment and politics of these administrations’ dramatically different ideologies. Timely and original, Blue-Green Province is the first comprehensive study of environmental policy in Ontario. It will be welcomed by anyone with an interest in Ontario’s environmental and economic future.

Putin's Master Plan

To Destroy Europe, Divide NATO, and Restore Russian Power and Global Influence

Author: Douglas E. Schoen

Publisher: Encounter Books

ISBN: 1594038902

Category: Political Science

Page: 200

View: 3968

Vladimir Putin has a master plan to destroy Europe, divide NATO, reclaim Russian influence in the world, and most of all to marginalize the United States and the West in order to achieve regional hegemony and global power. Putin’s unified strategy and vision for Europe has not been thoroughly discussed or articulated in any meaningful way until now. Putin’s Master Plan is the first comprehensive attempt to systematically explain Putin’s global strategy, which could inevitably and inexorably lead to the breakup of the NATO alliance, and potentially to war with the West. Currently, the West has no strategy, no plan, and no tactics to confront Putin’s master plan other than imposing limited economic sanctions, which have done little to deter Putin's aggression—and may well have encouraged and facilitated it. The viewpoint taken here is not just alarmism, but an accurate and, for the first time, clear and sober portrayal of a frightening situation that, more and more, serious observers of European and Russian politics are openly recognizing and acknowledging. Putin’s Master Plan makes the case that it is essential to wake up to Putin’s strategy to destroy Europe, divide NATO, and build a new empire in the former Soviet Union. Russia has demonstrated an extraordinary level of aggression, most boldly in its outright invasions of Georgia and Ukraine. American weakness and a divided Europe have left Russia’s terrified neighbors without an alternative to Russian domination, and even once-stalwart American allies such as the Republic of Georgia are on the brink of becoming part of Putin’s new empire in Europe. Putin has made it clear that he sees NATO expansion as a fundamental threat to Russian nationhood, and he is systematically challenging the NATO Alliance as well as the United States. So far, he is winning.

International Investment Law and Comparative Public Law

Author: Stephan W. Schill

Publisher: Oxford University Press

ISBN: 0199589100

Category: Law

Page: 836

View: 3506

Investment treaty arbitration has a hybrid nature combining public international law (as regards its substance) with elements of international commercial arbitration (mainly as regards procedure). However, in essence and function it deals with a special, internationalised form of judicial review of governmental conduct that is more akin to the judicial control of governmental action provided for by national administrative and constitutional law than to either classic inter-state dispute resolution or international commercial arbitration. This has been recognised in some academic writing and several awards, where reference to national administrative law concepts and principles of international law-based judicial review of governmental action, such as international trade or human rights law, is used to help specify and apply the open-ended concepts of investment treaties. In-depth conceptualization is however often lacking. The current study is the first, pioneering effort to bring these under-developed ad hoc references to comparative and international administrative law concepts into a deeper theoretic and systematic framework. The book thus intends to develop a 'bridge' between treaty-based international investment arbitration and comparative administrative law on both a theoretical and practical level. The major obligations in investment treaties (indirect expropriation, fair and equitable treatment, national treatment, umbrella/sanctity of contract clause) and major procedural principles will be compared with their counterpart in comparative public law, both on the domestic as well as international level. That 'bridge' will allow international investment law to benefit from the comparative public law experience, which could enhance its legitimacy, its political acceptance, and its ability to develop more finely-tuned interpretations of central treaty obligations.