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The Impact of Investment Treaty Law on Host States

2018-02-08 Law
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Release : 2018-02-08
Genre : Law
Kind : eBook
Book Rating : 981/5 ( reviews)

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Book Synopsis The Impact of Investment Treaty Law on Host States by : Mavluda Sattorova

Download or read book The Impact of Investment Treaty Law on Host States written by Mavluda Sattorova. This book was released on 2018-02-08. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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

2010-12-10 Law
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Release : 2010-12-10
Genre : Law
Kind : eBook
Book Rating : 126/5 ( reviews)

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Book Synopsis The Impact of Investment Treaties on Contracts between Host States and Foreign Investors by : Jan Ole Voss

Download or read book The Impact of Investment Treaties on Contracts between Host States and Foreign Investors written by Jan Ole Voss. This book was released on 2010-12-10. Available in PDF, EPUB and Kindle. Book excerpt: Foreign investments are usually implemented through contracts between host States and foreign investors. These contracts and international investment treaties represent two different legal instruments that protect foreign direct investment. The co-existence of both instruments under international investment law has generated fundamental problems. By scrutinizing and tracing the increasingly divided jurisprudence on central aspects of treaty interpretation and analyzing the conflicting legal concepts applied by arbitral tribunals, this book represents a comprehensive examination of the complex relationship between the two in the field of investment treaty arbitration.

The Political Economy of the Investment Treaty Regime

2018-01-26 Business & Economics
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Release : 2018-01-26
Genre : Business & Economics
Kind : eBook
Book Rating : 838/5 ( reviews)

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Book Synopsis The Political Economy of the Investment Treaty Regime by : Jonathan Bonnitcha

Download or read book The Political Economy of the Investment Treaty Regime written by Jonathan Bonnitcha. This book was released on 2018-01-26. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Principles of International Investment Law

2022-01-13 Law
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Release : 2022-01-13
Genre : Law
Kind : eBook
Book Rating : 41X/5 ( reviews)

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Book Synopsis Principles of International Investment Law by : Rudolf Dolzer

Download or read book Principles of International Investment Law written by Rudolf Dolzer. This book was released on 2022-01-13. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals

2021-10-05 Law
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Release : 2021-10-05
Genre : Law
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Book Rating : 605/5 ( reviews)

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Book Synopsis The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals by : Reza Eftekhar

Download or read book The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals written by Reza Eftekhar. This book was released on 2021-10-05. Available in PDF, EPUB and Kindle. Book excerpt: The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals: The Partial Revival of the Localisation Theory? focuses on the largely unexplored role of the host state law in jurisdiction ratione materiae of investment treaty tribunals. Given domestic law’s essential role in subject-matter jurisdiction, and in light of the broader functions of host state law and host state courts, the author argues that the dormant “localisation” theory has been partially revived in contemporary investment treaty law.

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