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Un accord multilatéral sur l'investissement : d'un forum de négociation à l'autre?
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ISBN: 2233003586 Year: 1999 Publisher: Paris Pedone

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Investment law within international law : integrationist perspectives.
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ISBN: 9781107038882 9781139855921 9781107595897 Year: 2013 Publisher: Cambridge Cambridge University Press


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The origin and evolution of investment treaty standards : stability, value, and reasonableness
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ISBN: 0191878545 0192580213 0192580221 Year: 2019 Publisher: Oxford, England : Oxford University Press,

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This title provides a conceptual and legal analysis of the core of investment protection guarantees that emerge from international treaties signed since 1959 for the promotion and protection of foreign investment. It focuses on both the origin and evolution of investment treaty standards. Beginning with origins, the work considers the broader context at the time when the first modern investment treaty was concluded. It goes on to examine the many decisions of ad hoc arbitral tribunals that have since been called upon to apply these treaties in order to resolve the several hundred investor-State disputes. It also looks at some of the recent investment treaties that have attempted to clarify and/or reform the content and scope of investment protection guarantees.


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Investment and commercial arbitration
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ISBN: 1283274833 946094440X 9786613274830 9789460944406 9789077596814 907759681X 9781283274838 6613274836 Year: 2010 Publisher: Utrecht, The Netherlands Portland, OR

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This book contains the contributions to the Vienna Arbitration Forum on ""Investment and Commercial Arbitration - Similarities and Divergences"" which took place at the University of Vienna Law School in November 2008. The conference focused on topical issues in international investment arbitration and in commercial arbitration. Featuring speakers from academia, as well as legal practices, the Vienna Arbitration Forum addressed controversial topics and explored similarities and divergences. Table of Contents include: Consolidation of Proceedings in International Investment Arbitration * Consol


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Prospects in international investment law and policy
Authors: --- ---
ISBN: 1107358108 1107342236 1107345987 1139565478 110734848X 1107349419 1107344735 9781107342231 9781139565479 9781107345980 9781107348486 9781107035867 1107035864 110723848X 1299707785 9781107358102 9781107349414 9781107344730 Year: 2013 Publisher: Cambridge Cambridge University Press

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The negotiation of a patchy but burgeoning network of international investment agreements and the increasing use to which they are put is generating a growing body of jurisprudence which, while still evolving, requires closer analytical scrutiny. Drawing on many of the most distinguished voices in investment law and policy, and offering novel, multidisciplinary perspectives on the rapidly evolving landscape shaping international investment activity and treaty-making, this book explores the most important economic, legal and policy challenges in contemporary international investment law and policy. It also examines the systemic implications flowing from frenetic recent judicial activism in investment matters and advances several innovative propositions for how best to promote greater overall coherence in rule-design, treaty use and policy making and thus offer a better balance between the rights and obligations of international investors and host states.


Book
Investment law within international law
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ISBN: 1139892851 1107424690 1107422698 1107595894 1107420768 1107419603 1107416981 1139855921 1107418267 9781139855921 9781107416987 9781107419605 1299842151 9781299842151 9781107038882 110703888X 9781107595897 9781139892858 9781107424692 9781107422698 9781107420762 9781107418264 Year: 2013 Publisher: Cambridge

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Developments within various sub-fields of international law influence international investment law, but changes in investment law also have an impact on the evolution of other fields within international law. Through contributions from leading scholars and practitioners, this book analyses specific links between investment law and other sub-fields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and EU law. In particular, this book scrutinises how concepts, principles and rules developed in the context of such sub-fields could inform the content of investment law. Solutions aimed at resolving problems in other settings may provide instructive examples for addressing current problems in the field of investment law, and vice versa. The underlying question is whether key sub-fields of public international law, notably international investment law, are open to cross-fertilisation, or, whether they are evolving further into self-contained regimes.


Book
international law on foreign investment
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ISBN: 1139930818 1107208327 1282631314 9786612631313 0511841434 0511728573 0511727623 0511729529 0511726228 0511724810 9780511729522 9780511726224 9780521763271 0521763274 9780521747653 0521747651 9780511724817 9780511841439 9780511727627 6612631317 Year: 2010 Publisher: Cambridge University Press

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Given recent seismic upheavals in the world's money markets, an updated edition of an authoritative, reliable textbook on the international law of foreign investment has rarely been so timely. Sornarajah's classic text surveys how international law has developed to protect foreign investments by multinational actors and to control any misconduct on their part. It analyses treaty-based methods, examining the effectiveness of bilateral and regional investment treaties. It also considers the reverse flow of investments from emerging industrialising powers such as China and Brazil and explores the retreat from market oriented economics to regulatory controls. By offering thought-provoking analysis of not only the law, but related developments in economics and political sciences, Sornarajah gives immediacy and relevance to the discipline. This book is required reading for all postgraduate and undergraduate international law students specialising in the law of foreign investments.


Book
Alternative visions of the international law on foreign investment
Authors: ---
ISBN: 1316560023 1316560414 1316561194 1316562360 1316560805 1316562751 1316488314 1107139066 1316504301 1316557685 9781316562758 9781107139060 9781316488317 9781316504307 Year: 2016 Publisher: Cambridge Cambridge University Press

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This book is about the forces that are reshaping the international law on foreign investment today. It begins by explaining the liberal origins of contemporary investment treaties before addressing a current backlash against these treaties and the device of investment arbitration. The book describes a long-standing legal-intellectual resistance to a neo-liberal global economic agenda, and how tribunals have interpreted various treaty standards instead. It introduces our reader to the changes now taking place in the design of a range of familiar treaty clauses, and it describes how some of these changes are now driven not only by developing and emerging economies but also by the capital-exporting nations. Finally, it explores the life, career and writings of Muthucumaraswamy Sornarajah, a scholar whose work has been dedicated to the realisation of many of these changes, and his views about the hold global capital has over legal practice.


Book
Resistance and change in the international law on foreign investment
Author:
ISBN: 1316323951 1316310574 131633063X 1316333973 1316327299 1107480256 1316156338 1316320596 1107096626 1316317250 9781107096622 1316289931 9781316320594 9781316156339 9781107480254 9781316310571 9781316330630 9781316333976 Year: 2015 Publisher: New York

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Since the 1990s, conflicts within international law on foreign investment have arisen as a result of several competing interests. The neoliberal philosophy ensured inflexible investment protection given by a network of investment treaties interpreted in an expansive manner, which led to states creating regulatory space over foreign investment. However, NGOs committed to single causes such as human rights and the environment protested against inflexible investment protection. The rise to prominence of arguments against the fragmentation of international law also affected the development of investment law as an autonomous regime. These factors have resulted in some states renouncing the system of arbitration and other states creating new treaties which undermine inflexible investment protection. The treaty-based system of investment protection has therefore become tenuous, and change has become inevitable. Emphasising the changes resulting from resistance to a system based on neoliberal foundations, this study looks at recent developments in the area.


Book
International protection of investments : the substantive standards
Authors: ---
ISBN: 110888945X 1139004972 1107013585 1108882706 Year: 2020 Publisher: Cambridge : Cambridge University Press,

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This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.

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