The Institute of International Law's Resolution on the Equality of Parties Before International Investment Tribunals
Title | The Institute of International Law's Resolution on the Equality of Parties Before International Investment Tribunals PDF eBook |
Author | Campbell McLachlan |
Publisher | Cambridge University Press |
Pages | 147 |
Release | 2021-11-18 |
Genre | Law |
ISBN | 1316517829 |
The first authoritative commentary on a major new codification of the equality principle as applied to investor-state dispute settlement.
Equality of Parties Before International Investment Tribunals
Title | Equality of Parties Before International Investment Tribunals PDF eBook |
Author | Campbell A. McLachlan |
Publisher | |
Pages | 115 |
Release | 2019 |
Genre | |
ISBN |
The equality of the parties is a fundamental element of a fair system of adjudication. As such it is applicable to international investment arbitration. Yet the application of the equality principle in this context has given rise to much recent debate both at the procedural and at the constitutional level, as states and other stakeholders have considered the scope for reform of investment arbitration. This Report, commissioned for the 18th Commission of the Institut de Droit International, analyses the implications of the equality principle in its application both to the establishment and design of an international investment tribunal and to its procedures: the admissibility of claims and counterclaims; and admissibility or exclusion of evidence; the effect of the State's criminal law powers on the tribunal's process; costs and security for costs. The Report will be published in the Annuaire de l'Institut de Droit International and debated at its 79th Session in The Hague, August 2019.
The Interpretation of International Investment Law
Title | The Interpretation of International Investment Law PDF eBook |
Author | Todd Weiler |
Publisher | Martinus Nijhoff Publishers |
Pages | 572 |
Release | 2013-05-02 |
Genre | Business & Economics |
ISBN | 9004232230 |
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.
Jurisdiction and Admissibility in Investment Arbitration
Title | Jurisdiction and Admissibility in Investment Arbitration PDF eBook |
Author | Filippo Fontanelli |
Publisher | BRILL |
Pages | 199 |
Release | 2018-03-27 |
Genre | Law |
ISBN | 9004366490 |
In Jurisdiction and Admissibility in Investment Arbitration, Filippo Fontanelli offers an analysis of the subject for practitioners and scholars. The author undertakes two converging studies: first, the practice of investment tribunals is surveyed to provide a representative overview of how jurisdiction and admissibility operate in arbitration proceedings. Second, these concepts are studied in the wider framework of public international law litigation, in the attempt to solve the definitional issues, or at least trace them back to their theoretical background. The analysis shows that the confusion prevailing in investment arbitration is largely a legacy of the comparable confusion that affects the notions of jurisdiction and admissibility in all kinds of dispute settlement under international law. Whilst the confusion is often irrelevant in the practice, some instances arise where it affects the outcome of the proceedings. The essay discusses some of these instances and recommends adopting a novel approach, which hinges on judicial discretion as the critical element of admissibility.
Towards Consistency in International Investment Jurisprudence
Title | Towards Consistency in International Investment Jurisprudence PDF eBook |
Author | Katharina Diel-Gligor |
Publisher | BRILL |
Pages | 614 |
Release | 2017-05-22 |
Genre | Business & Economics |
ISBN | 9004337911 |
Investor-State arbitration is currently a much-debated topic, both within the legal community and in the public at large. In Towards Consistency in International Investment Jurisprudence, Katharina Diel-Gligor addresses the alleged proliferation of inconsistent decision-making in this field – one of the main points of concern raised in the ongoing discussions. After exploring whether such criticism is appropriate at all, she goes on to examine the different causes, forms, and manifestations of the inconsistencies that exist through a detailed analysis of ICSID arbitration. The author then canvasses possible approaches to reform and concludes that an ICSID preliminary ruling system – the practicalities of which are set out in the study – is a suitable means for enhancing consistency in investment arbitration and moving towards a jurisprudence constante.
International Investment Law and Gender Equality
Title | International Investment Law and Gender Equality PDF eBook |
Author | Sangwani Patrick Ng’ambi |
Publisher | Routledge |
Pages | 160 |
Release | 2020-03-27 |
Genre | Law |
ISBN | 0429664540 |
This book analyses the impact that stabilization clauses have on the development of human rights and gender laws in resource rich nations. Given the fact that stabilization clauses freeze the law for as long as the contract subsists there has been debate on the negative impact stabilization clauses have on the progressive development of human rights in the host State. Firstly, the book examines the mechanisms investors utilise in protecting themselves from host State prerogatives. It then explores the theoretical basis on which stabilization clauses are applied and upheld by arbitral tribunals, and assesses how they can be drafted in a way that protects human rights, particularly in relation to gender discrimination, without forcing the resource rich nations to lose momentum in attracting foreign direct investment. Using Zambia and the Gender Equity and Equality Act of 2015 as a case study, the book explores the compatibility of the legislation with the stabilization clauses contained in the country’s Development Agreements. The book will be of interest to practitioners, scholars and students of international investment law, human rights law and contract law.
The Political Economy of the Investment Treaty Regime
Title | The Political Economy of the Investment Treaty Regime PDF eBook |
Author | Jonathan Bonnitcha |
Publisher | Oxford University Press |
Pages | 354 |
Release | 2017 |
Genre | Business & Economics |
ISBN | 019871954X |
Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in international investment arbitration is growing and some developed and developing countries are beginning to revisit their investment treaty policies. The Political Economy of the Investment Treaty Regime synthesises and advances the growing literature on this subject by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, it asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment? Through a concise, but comprehensive, analysis, this book fills in some of the many "blind spots" of academics from different disciplines, and is the first port of call for lawyers, investors, policy-makers, and stakeholders trying to make sense of these critical instruments governing investor-state relations.