Analogies in International Investment Law and Arbitration

Analogies in International Investment Law and Arbitration
Title Analogies in International Investment Law and Arbitration PDF eBook
Author Valentina Vadi
Publisher Cambridge University Press
Pages 319
Release 2016
Genre Law
ISBN 1107093317

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In recent years, concerns have arisen in investor-state arbitration with regard to the magnitude of the decision-making power allocated to investment treaty tribunals. This book explores whether the use of analogies can improve the functioning of such arbitration, and how such analogies might be drawn.

International Investment Law and Comparative Public Law

International Investment Law and Comparative Public Law
Title International Investment Law and Comparative Public Law PDF eBook
Author Stephan W. Schill
Publisher Oxford University Press
Pages 922
Release 2010-10-14
Genre Law
ISBN 0199589100

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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.

Global Public Interest in International Investment Law

Global Public Interest in International Investment Law
Title Global Public Interest in International Investment Law PDF eBook
Author Andreas Kulick
Publisher Cambridge University Press
Pages 412
Release 2012-07-12
Genre Law
ISBN 1139510886

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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 WTO and International Investment Law

The WTO and International Investment Law
Title The WTO and International Investment Law PDF eBook
Author Jürgen Kurtz
Publisher Cambridge University Press
Pages 0
Release 2018-04-12
Genre Law
ISBN 9781108458252

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International law has historically regulated foreign trade and foreign investment differently. Distinct evolutionary pathways have led to variances in treaty form, institutional culture, and dispute settlement. With their inevitable erosion through the late twentieth to early twenty-first centuries, those weak boundaries have become porous and indefensible. Powerful economic, legal and sociological factors are now pushing the two systems together. In this book, Jürgen Kurtz systematically explores the often complex and little-understood dynamics of this convergence phenomenon. Kurtz addresses the growing connections between international trade and investment law, proposing a theoretically grounded and doctrinally tractable framework to understand the deepening relationship between them. The book also offers reform ideas and possibilities, providing treaty negotiators and other government officials with a set of theoretical insights and doctrinal models that can guide actors in building a justifiable and sustainable level of commonality between the two legal systems.

The Selection and Removal of Arbitrators in Investor-State Dispute Settlement

The Selection and Removal of Arbitrators in Investor-State Dispute Settlement
Title The Selection and Removal of Arbitrators in Investor-State Dispute Settlement PDF eBook
Author Chiara Giorgetti
Publisher BRILL
Pages 99
Release 2019-09-24
Genre Law
ISBN 9004416234

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The Selection and Removal of Arbitrators in Investor-State Dispute Settlement examines two essential features in investor-state dispute resolution: how arbitrators are selected and removed. Both topics have received increasing scrutiny and criticism, that have in turn generated calls for reforms. In its first part, Professor Chiara Giorgetti, an expert in international arbitration, explains the selection of arbitrators procedurally and comparatively under the most-often used arbitration rules. She then reviews critically arbitrators’ necessary and desirable qualities, and addresses some important and related policy issues, such as diversity and repeat appointments. In her work, she also includes an assessment of the calls to review how arbitrators are appointed, and specifically the proposal by the European Commission to create a permanent tribunal to resolve international investment disputes, the UNCITRAL Working Groups III Reform Process and the rules amendment proposal undertaken by the Secretariat of the International Center for Settlement of Investment Disputes. In its second part, this monograph examines how arbitrators can be removed and reviews first the applicable provisions, under a variety of arbitration rules, to remove arbitrators who fail to possess the necessary qualities. It then also reviews the relevant case-law on challenges. The monograph assesses appointments and removals in a multifaceted and comprehensive way, and includes a critical assessment of the reasons and calls for reform of the ISDS system.

International Investment Law and Legal Theory

International Investment Law and Legal Theory
Title International Investment Law and Legal Theory PDF eBook
Author Jörg Kammerhofer
Publisher Cambridge University Press
Pages 391
Release 2021-05-06
Genre Law
ISBN 1108839177

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A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.

Protection of Legitimate Expectations in Investment Treaty Arbitration

Protection of Legitimate Expectations in Investment Treaty Arbitration
Title Protection of Legitimate Expectations in Investment Treaty Arbitration PDF eBook
Author Teerawat Wongkaew
Publisher Cambridge University Press
Pages 309
Release 2019-02-14
Genre Law
ISBN 1108474284

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Examines the philosophical foundation of legitimate expectations to create a normative framework for use in investment treaty arbitration