Foreign Investor Misconduct in International Investment Law

Foreign Investor Misconduct in International Investment Law
Title Foreign Investor Misconduct in International Investment Law PDF eBook
Author Anna Kozyakova
Publisher Springer Nature
Pages 266
Release 2020-11-12
Genre Law
ISBN 3030548554

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This book examines the issue of foreign investor misconduct in modern international investment law, focusing on the approach that international investment law as it currently operates has developed towards foreign investor misconduct. The term ‘misconduct’ is not a legal notion, but is used to describe a certain phenomenon, namely, a group/class of actions. This term is convenient since it makes it possible to introduce and describe the phenomenon as such, without a division into concrete types of conduct, like ‘abuse of process’, ‘violation of national law’, ‘corruption’, ‘investment contrary to international norms and standards’, etc. The term ‘misconduct’ is intended to embrace various kinds of conduct on the part of foreign investors that the system of international investment law does not accept – such as that which it regards as illegal, against public policy, or otherwise inappropriate – and triggers legal consequences. Rarely, however, does international investment law clearly articulate what it considers unacceptable investor conduct, and certainly not in any systematic fashion. As such, this book addresses the following questions: What types of investors’ conduct are legally unacceptable? What mechanisms are available to deal with unacceptable investors’ conduct, and what are the legal consequences?

Contributory Fault and Investor Misconduct in Investment Arbitration

Contributory Fault and Investor Misconduct in Investment Arbitration
Title Contributory Fault and Investor Misconduct in Investment Arbitration PDF eBook
Author Martin Jarrett
Publisher Cambridge University Press
Pages 207
Release 2019-07-11
Genre Law
ISBN 110848140X

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Often derided for its asymmetry, this book shows how investors can be held to account in international investment law.

Evolution in Investment Treaty Law and Arbitration

Evolution in Investment Treaty Law and Arbitration
Title Evolution in Investment Treaty Law and Arbitration PDF eBook
Author Chester Brown
Publisher Cambridge University Press
Pages 747
Release 2011-11-17
Genre Law
ISBN 1139503618

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International investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century - and its exponential growth over the last decade - new levels of complexity, uncertainty and substantive expansion are emerging. States continue to enter into investment treaties and the number of investor-State arbitration claims continues to rise. At the same time, the various participants in investment treaty arbitration are faced with increasingly difficult issues concerning the fundamental character of the investment treaty regime, the role of the actors in international investment law, the new significance of procedure in the settlement of disputes and the emergence of cross-cutting issues. Bringing together established scholars and practitioners, as well as members of a new generation of international investment lawyers, this volume examines these developments and provides a balanced assessment of the challenges being faced in the field.

The Impact of Investment Treaty Law on Host States

The Impact of Investment Treaty Law on Host States
Title The Impact of Investment Treaty Law on Host States PDF eBook
Author Mavluda Sattorova
Publisher Bloomsbury Publishing
Pages 362
Release 2018-02-08
Genre Law
ISBN 1509901981

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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.

International Investment Law and Arbitration

International Investment Law and Arbitration
Title International Investment Law and Arbitration PDF eBook
Author C. L. Lim
Publisher Cambridge University Press
Pages 687
Release 2021-03-11
Genre Law
ISBN 1108842992

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A new edition connecting extracts from arbitral decisions, treaties and scholarly works with concise, up-to-date and reliable commentary.

Social License and Dispute Resolution in the Extractive Industries

Social License and Dispute Resolution in the Extractive Industries
Title Social License and Dispute Resolution in the Extractive Industries PDF eBook
Author Cory H. Kent
Publisher BRILL
Pages 235
Release 2021-03-01
Genre Law
ISBN 9004450165

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Social License and Dispute Resolution in the Extractive Industries is a broad collection offering insights from both renowned academics and practitioners on the intersection of international dispute resolution and the social license to operate in the extractive industries.

The International Law on Foreign Investment

The International Law on Foreign Investment
Title The International Law on Foreign Investment PDF eBook
Author M. Sornarajah
Publisher Cambridge University Press
Pages 562
Release 2004-08-26
Genre Law
ISBN 9780521545563

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This new edition of Sornarajah's book, available for the first time in paperback, surveys the international law developed to protect foreign investment by multinational corporations. The area has always been one of controversy due to the different political and economic conflicts that exist in the field. The book assesses the role of multinational corporations in making foreign investments, and considers the ways in which misconduct on the part of such corporations in host states could be controlled. Sornarajah focuses on the protection of foreign investment and the problems associated with such protection. He explores treaty-based methods, and examines several bilateral and regional investment treaties. The failure to agree on a multilateral treaty system and the inability to incorporate a discipline on investment within the WTO are also considered. He takes account not only of the law, but also of the relevant literature in economics, political science and other associated disciplines.