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The International Law of Investment Claims considers the distinct principles governing the prosecution of a claim in investment treaty arbitration. The principles are codified as 54 'rules' of general application on the juridical foundations of investment treaty arbitration, the jurisdiction of the tribunal, the admissibility of claims and the laws applicable to different aspects of the investment dispute. The commentary to each proposed rule contains a critical analysis of the investment treaty jurisprudence and makes extensive reference to the decisions of other international courts and tribunals, as well as to the relevant experience of municipal legal orders. Solutions are elaborated in respect of the most intractable problems that have arisen in the cases, including: the effect of an exclusive jurisdiction clause in an investment agreement with the host state; reliance on the MFN clause in relation to jurisdictional provisions; and, the legitimate scope of derivative claims by shareholders.Systematically codifies the unwritten rules on investment claims, giving readers principles which can be applied to all such casesProvides a concise and critical analysis of the leading awards of relevant arbitral tribunals, thus making the reader familiar with the precedents established by leading casesProvides solutions to some of the most intractable problems of investment treaty arbitration, drawing upon judicial decisions and secondary literature from diverse areas of the law
Investments, Foreign (International law) --- Investments, Foreign --- International commercial arbitration. --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- International investment law --- Investment law, International --- International law --- Law and legislation. --- Law and legislation --- investeringen, internationaal --- recht, financieel --- wetgeving --- Arbitration and award, International. --- Investments, Foreign (International law). --- Law --- General and Others --- Investments, Foreign - Law and legislation
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International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the ‘infrastructure’ of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions, and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of ‘regime stress’ as well as the main legal mechanisms available to manage such challenges to the operation of the regime.
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Bringing together conceptual theories of international investment law with the practical application of the law in treaty arbitration, this book investigates the key controversies in the field. It provides a detailed examination of how a different theoretical approach would have led to a different outcome in a number of important arbitral awards.
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Banking law --- Money laundering --- Money laundering. --- Criminal provisions. --- Money --- -Banking law --- -Money laundering --- 341.751 --- Ja4.2 --- Laundering of money --- Money washing --- Washing of money --- Commercial crimes --- Banks and banking --- Law, Banking --- Financial institutions --- Currency --- Monetary question --- Money, Primitive --- Specie --- Standard of value --- Exchange --- Finance --- Value --- Coinage --- Currency question --- Gold --- Silver --- Silver question --- Wealth --- Law and legislation --- -Criminal provisions --- Criminal provisions
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