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: Schill Название: The Multilateralization of International Investment Law ISBN: 1107636507 ISBN-13(EAN): 9781107636507 Издательство: Cambridge Academ Рейтинг: Цена: 6970.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: International investment law is largely based on bilateral treaties rather than a multilateral convention. Instead of this leading to different levels of investment protection, Stephan Schill argues that international investment law is emerging as a structured body of law that governs investor-State relations based on uniform principles of investment protection.
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.
Описание: Investment treaty arbitration urgently requires a certain and consistent way of deciding regulatory disputes that pays due respect to the competing imperatives of investment protection and regulatory autonomy. Caroline Henckels argues that in such cases investment tribunals should employ proportionality analysis in combination with an institutionally sensitive standard of review.
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.
Автор: Lim, C. L. (the Chinese University Of Hong Kong) Ho, Jean (national University Of Singapore) Paparinskis, Martins (university College London) Название: International investment law and arbitration ISBN: 1108823203 ISBN-13(EAN): 9781108823203 Издательство: Cambridge Academ Рейтинг: Цена: 8078.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: A fully revised new edition which brings together awards and other key materials with up-to-date commentary explaining the past, current and potential developments in arbitral jurisprudence and current reform debates. Includes a new chapter critical to understanding calls for arbitration reform, and over 60 additional awards and judicial decisions.
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: Meng Название: State Immunity and International Investment Law ISBN: 9811927782 ISBN-13(EAN): 9789811927782 Издательство: Springer Рейтинг: Цена: 18167.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The book provides a sophisticated analysis of state immunity from an enforcement perspective.
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: 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.
Автор: Anastasios Gourgourinis, Georgios Dimitropoulos, Panagiotis Delimatsis Название: State Capitalism and International Investment Law ISBN: 1509963014 ISBN-13(EAN): 9781509963010 Издательство: Bloomsbury Academic Рейтинг: Цена: 7126.00 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.
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