State Immunity and International Investment Law, Meng
Автор: M. Sornarajah Название: The International Law on Foreign Investment ISBN: 1108730868 ISBN-13(EAN): 9781108730860 Издательство: Cambridge Academ Рейтинг: Цена: 8237.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book is the first to define the field, tracing the major developments that have taken in the field, the criticisms made of the system and the proposals for its reform. This edition captures the major debates that are and have taken place in the area.
Автор: Jean Ho, Mavluda Sattorova Название: Investors` International Law ISBN: 1509937919 ISBN-13(EAN): 9781509937912 Издательство: Bloomsbury Academic Рейтинг: Цена: 15048.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This book is the first book-length analysis of investor accountability under general and customary international law, international human rights law, international environmental law, international humanitarian law, as well as international investment law.
International investment law is currently facing growing criticisms for its failure to address corruption, abuse, environmental damage, and other forms of investor misconduct. Reform initiatives range from the rejection of international law as a governing regime for investors, to the dramatic overhaul of investment treaties that supposedly enable investor overprotection, to the creation of a multilateral international instrument that would enable the litigation of claims against errant businesses before an international tribunal. Whether these initiatives succeed in disciplining investors remains to be seen. What these initiatives undeniably show however, is that change is warranted to counteract this lopsided investors' international law. Each chapter in the book addresses a different and underexplored dimension of investor accountability, thus offering a novel and consolidated study of international law. The book will be of immense assistance to legal practitioners, academics and policy makers involved in the design, drafting, application and reform of various international instruments addressing investor accountability.
Автор: Baetens Название: Investment Law within International Law ISBN: 1107595894 ISBN-13(EAN): 9781107595897 Издательство: Cambridge Academ Рейтинг: Цена: 6986.00 р. 7762.00-10% Наличие на складе: Есть (1 шт.) Описание: This book provides an examination of the interaction 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. It scrutinises how concepts and rules developed in the context of such sub-fields could inform the content of investment law.
Описание: This book provides a comprehensive analysis of how EU state aid law is shaping the future of EU investment policy in a global context. It examines in detail how EU state aid policy and practice interact with the EU investment regime on the internal market and affect the external trade relations of the Member States and the EU alike. The debate this book engages in concerns competence, i.e., which body delineates the scope of state aid law and policy (now and in the future) when and where it intersects and collides with another distinct legal field: investment protection. Pursuing a doctrinal approach to the topic in the light of EU law and international law, the book analyses the interaction of the EU’s trade, state aid and investment policy. This is done by posing the following research question: How is EU state aid law shaping the future of EU investment policy in a global context? Further, the book puts forward three corresponding arguments. First, this influence can be seen in the EU’s incorporation of clauses promoting fair competition and state aid policy in international trade agreements. Second, EU state aid law and policy contributed to recent internal developments which led the Member States to terminate their bilateral agreements with each other (intra-EU BITs) by the end of 2019. Third, the EU has been working to replace the BITs between its Member States and third countries (extra-EU BITs) with its own trade agreements, which are aligned with EU legislation. This combined analysis of EU law and international law yields a number of interesting conclusions. The book addresses a highly topical and rapidly evolving area of EU law and international investment law. It is also the first book to provide a comprehensive approach to the interplay of state aid rules and EU investment policy internally and externally, i.e., within the EU and on a global scale. As such, it closes an important gap in the extant literature on international and EU law.
Описание: This open access book considers the potential setup for a future Multilateral Investment Court (MIC). In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC.
1. Investment Dispute Settlement and the Position of State-to-State Arbitration in Investment Law.- 2. Framework for State-to-State Arbitration under the Compromissory Clause in an IIA.- 3. Utilisation of State-to-State Arbitration Based on the Compromissory Clause in Practice.- 4. Resolution of Procedural Hurdles in Utilising State-to-State Arbitration under IIAs.- 5. Coexistence of State-to-State Arbitration under IIAs with other Forums of Dispute Resolution and Treaty Interpretation.- 6. Additional Suggestions for Developing State-to-State Arbitration as an Effective Means of Dispute Resolution.- 7. Conclusion.
Описание: Chapter 1: Introduction: Judging the State in International Trade and Investment Law: Why, How and What for?.- PART I: International Trade: The WTO and Beyond.- Chapter 2. Judging the Judges or Judging the Members? Pathways and Pitfalls in the Appellate Body Appointment Process (by Arthur E. Appleton).- Chapter 3. WTO, State and Legal Capacity Building: An Indian Narrative (by James J. Nedumpara).- Chapter 4. States' Regulatory Autonomy to Protect Societal Values through Legitimate Regulatory Distinctions: Finding the balance in the WTO Agreement on Technical Barriers to Trade through Adjudication (by Denise Prйvost).- PART II: Investment Litigation at a Crossroad.- Chapter 5. Investor-State Arbitration Distorted - When the Claimant is a State (by Julien Chaisse and Dini Sejko).- Chapter 6. Protecting States under Asian Multilateral Investment Treaties Claims, Counterclaims and Interim Relief Measures (by Rahul Donde and Trisha Mitra).- Chapter 7. Determination of Indirect Expropriation and Doctrine of Police Power in International Investment Law: A Critical Appraisal (Prabhash Ranjan and Pushkar Anand).- PART III: International Law's Local Experiments and Global Challenges.- Chapter 8.Role of Indian Judiciary in the Realm of International Trade and Investment Law (Amal K. Ganguli).- Chapter 9. Human Rights in International Investment Disputes - Global Litigation as International Law Re-unifier (Leпla Choukroune).- Chapter 10. Conclusion: Sovereignty Modern.
Описание: This book considers the potential setup for a future Multilateral Investment Court (MIC). In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC.
Автор: Anastasios Gourgourinis, Georgios Dimitropoulos, Panagiotis Delimatsis Название: State Capitalism and International Investment Law ISBN: 1509962972 ISBN-13(EAN): 9781509962976 Издательство: Bloomsbury Academic Рейтинг: Цена: 14256.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores how State capitalism affects and reshapes international investment law. It sheds new light on the various ways States actively influence business and commercial activity globally by using sovereign investors such as state-owned enterprises and sovereign wealth funds or pension funds. With a diverse group of contributors from a broad range of countries, the book offers a fresh and timely look into the fundamentals of State capitalism, focusing in particular on its actors and processes, the contextual elements that surround it, and the new political economy that comes with it. The book is essential reading for researchers, regulators, policy makers, and practitioners interested in the different ways State capitalism challenges and changes international investment law. As geopolitical considerations increasingly affect global economic activity, delving into the intricacies of State capitalism has never been more timely.
This book explores the ways to 'rethink', 'repackage' and 'rescue' world trade law in the post-COVID-19 era. Using the COVID-19 pandemic as an important context, the book makes original and critical contributions to the growing debate over a range of emerging challenges and systemic issues that might change the landscape of world trade law in the years to come. The book asks: do these unprecedented times and challenges call for reengineering the world trading system and a further retreat from trade liberalisation?
The authors offer a rigorous and insightful analysis of whether and how the existing trade institutions and/or rules, including their latest developments, may provide room to deal with pandemic-induced trade-related issues, sustainable development goals, future crises and other existential threats to the multilateral trading system. The book reinforces the importance of international cooperation and the pressing need to reinvigorate the world trading system. The pandemic has provided a unique opportunity for governments to rebuild the political will needed for such cooperation. One should never let a serious crisis go to waste.
Автор: Ismail, Mohamed A.M. Название: International Investment Arbitration ISBN: 0367601516 ISBN-13(EAN): 9780367601515 Издательство: Taylor&Francis Рейтинг: Цена: 6430.00 р. Наличие на складе: Нет в наличии.
Автор: Sauvant Karl P., Sachs Lisa E., Jongbloed Wouter P. F. Schmit Название: Sovereign Investment: Concerns and Policy Reactions ISBN: 0199937923 ISBN-13(EAN): 9780199937929 Издательство: Oxford Academ Рейтинг: Цена: 33660.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Sovereign Investment: Concerns and Policy Reactions provides the first major holistic examination and interdisciplinary analysis of sovereign wealth funds. Sovereign wealth funds currently hold three trillion dollars' worth of investments, almost twice the amount in all the hedge funds worldwide, and are predicted to hold nine trillion more by 2015. This relatively new and rapidly expanding phenomenon remains relatively unregulated, but the International Monetary Fund and the G7 aim to establish temporary and voluntary rules to introduce transparency and uniformity until more permanent regulatory structures are instituted. What permanent rules and procedures should govern sovereign wealth funds? What bodies should enforce them? Do the current provisional rules answer the national security concerns of host countries? Editors Karl P. Sauvant, Lisa Sachs, and Wouter P.F. Schmit Jongbloed address these questions in a collection of essays by leading authorities from the IMF, academic institutions, law firms, multi-national corporations, and think tanks. Together, these authors analyze how sovereign wealth funds have helped to limit the effects of the current global economic crisis, and what rules can govern their operation in the future.
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