International Investment Rule-making PDF Download

Author: United Nations Conference on Trade and Development
Publisher: Unctad Series International Investment
ISBN:
Category : Business & Economics
Languages : en
Pages : 130

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Book Description
This paper has a three-fold objective. It reviews sixty years of international investment rule-making and identifies main trends in current treaty practice, as well as the core characteristics of the existing universe of international investment agreements (IIAs) at the beginning of the 21st century. Based on this analysis, the third part describes the main challenges for policy markers and IIA negotiators dering from present IIA system, and makes a number of suggestions on how to deal with them. The fourth part contains a brief outlook concerning the future evolution of the IIA universe.

Author: Rudolf Dolzer
Publisher: Oxford University Press
ISBN: 019267241X
Category : Law
Languages : en
Pages : 582

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Book Description
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.

Author: Aikaterini Titi
Publisher:
ISBN: 9783848710621
Category : Capital investments
Languages : en
Pages : 376

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Book Description
La 4e de couverture indique : "Since the inception of the international investment law system, investment promotion and protection have been the raison d'être of investment treaties and states have confined their policy space in order to attract foreign investment and protect their investors abroad. Languishing in relative obscurity until recently, the right to regulate has gradually come to the spotlight as a key component of negotiations on new generation investment agreements around the globe. States and regional organisations, including, notably, the European Union and the United States, have started to examine ways in which to safeguard their regulatory power and guide - and delimit - the interpretive power of arbitral tribunals, by reserving their right to pursue specific public policy objectives. The monograph explores the status quo of the right to regulate, in order to offer an appraisal and a reference tool for treatymakers, thus contributing to a better understanding of the concept and the broader discourse on how to enhance the investment law system's legitimacy."

Author: Armand De Mestral
Publisher: Routledge
ISBN: 1136260706
Category : Law
Languages : en
Pages : 442

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Book Description
This book presents the reflections of a group of researchers interested in assessing whether the law governing the promotion and protection of foreign investment reflects sound public policy. Whether it is the lack of "checks and balances" on investor rights or more broadly the lack of balance between public rights and private interests, the time is ripe for an in-depth discussions of current challenges facing the international investment law regime. Through a survey of the evolution in IIA treaty-making and an evaluation from different perspectives, the authors take stock of developments in international investment law and analyze potential solutions to some of the criticisms that plague IIAs. The book takes a multidisciplinary approach to the subject, with expert analysis from legal, political and economic scholars. The first part of the book traces the evolution of IIA treaty-making whilst the other three parts are organised around the concepts of efficiency, legitimacy and sustainability. Each contributor analyzes one or more issues related to substance, treaty negotiation, or dispute resolution, with the ultimate aim of improving IIA treaty-making in these respects. Improving International Investment Agreements will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

Author: Julien Chaisse
Publisher:
ISBN: 9781785360015
Category : Investments, Foreign
Languages : en
Pages : 0

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Book Description
The International Investment regime is one of the fastest growing areas of international economic law which increasingly rely on large membership investment treaties such as the ASEAN comprehensive Investment Agreement. This book comprehensively examines the role of this specific agreement and situates it in the wider trend towards the regionalisation of laws and policy on foreign investment.

Author: Tarcisio Gazzini
Publisher: Martinus Nijhoff Publishers
ISBN: 9004214534
Category : Law
Languages : en
Pages : 363

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Book Description
Transnational investment involves a variety of actors (States, public and private legal entities, and natural persons) whose relationships are governed by rules and legal instruments belonging to different legal systems. This book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction. It focuses primarily on the network of over 3,000 Bilateral Investment Treaties, international investment contracts, customary international law, the main multilateral treaties, national legislation, international case law and general principles of law. The book, firmly based on State practice, arbitral awards and national decisions, is indispensable to fully appraise the nature and content of the claims of private investors as well as to identify the law applicable in investment arbitration.

Author: Steffen Hindelang
Publisher: Oxford University Press
ISBN: 0191058289
Category : Law
Languages : en
Pages : 497

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Book Description
International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.

Author: Mahdev Mohan
Publisher: Cambridge University Press
ISBN: 1108576559
Category : Law
Languages : en
Pages : 469

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Book Description
Critically discusses the increasing significance of Asian States in the field of international investment law and policy. Contains analyses of national investment law rule-making in Asia, contributions of Asian States on cutting-edge developments to the global community, and contemplates future possibilities for investor-State dispute settlement.

Author: Nicolás M. Perrone
Publisher: Oxford University Press
ISBN: 0192606751
Category : Law
Languages : en
Pages : 273

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Book Description
Foreign investors have a privileged position under investment treaties. They enjoy strong rights, have no obligations, and can rely on a highly efficient enforcement mechanism: investor-state dispute settlement (ISDS). Unsurprisingly, this extraordinary status has made international investment law one of the most controversial areas of the global economic order. This book sheds new light on the topic, by showing that foreign investor rights are not the result of unpredicted arbitral interpretations, but rather the outcome of a world-making project realized by a coalition of business leaders, bankers, and their lawyers in the 1950s and 1960s. Some initiatives that these figures planned for did not emerge, such as a multilateral investment convention, but they were successful in developing a legal imagination that gradually occupied the space of international investment law. They sought not only to set up a dispute settlement mechanism but also to create a platform to ground their vision of foreign investment relations. Tracing their normative project from the post-World War II period, this book shows that the legal imagination of these business leaders, bankers, and lawyers is remarkably similar to present ISDS practice. Common to both is what they protect, such as foreign investors' legitimate expectations, as well as what they silence or make invisible. Ultimate, this book argues that our canon of imagination, of adjustment and potential reform, remains closely associated with this world-making project of the 1950s and 1960s.

Author: Axel Berger
Publisher:
ISBN:
Category :
Languages : en
Pages : 25

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Book Description
China is becoming one of the key stakeholders in the international investment regime. It is the third largest source country for outward foreign investments and concluded nearly 140 investment treaties. Despite these impressive numbers, it is still unclear what role China can play - and in fact wants to play - in the ongoing reform of the international investment regime. Starting from this overall focus, this article analyses the most recent period of China's international investment policy-making. Mapping the contents of investment treaties signed since 2008 it argues that China undertook a 'partial NAFTA-ization': Whilst China has adopted a number of clauses invented by the member states of the North American Free Trade Agreement, it introduced these clauses in an incoherent fashion. Looking at the drivers of this peculiar policy, this article argues that China's practice of investment treaty-making is largely inspired by its partner countries, which helps us to understand the incoherent contents of its post-2008 treaties. Against this background, it is difficult to argue that there is a unified Chinese approach to international investment rule-making. This belies the argument that China can make a significant contribution to reforming the international investment regime.