[Full Book] Fair And Equitable Treatment Standard In International Investment Law

Fair and Equitable Treatment Standard in International Investment Law PDF
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Publisher:
Author: Organisation for Economic Co-operation and Development
Category : Finance and Investment
Languages : en
Pages : 41

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Fair And Equitable Treatment Standard In International Investment Law

Fair And Equitable Treatment In International Investment Law by Organisation for Economic Co-operation and Development, Fair And Equitable Treatment Standard In International Investment Law Books available in PDF, EPUB, Mobi Format. Download Fair And Equitable Treatment Standard In International Investment Law books, The obligation to provide "fair and equitable treatment" is often stated, together with other standards, as part of the protection due to foreign direct investment by host countries. It is an "absolute", "non-contingent" standard of treatment, i.e. a standard that states the treatment to be accorded in terms whose exact meaning has to be determined, by reference to specific circumstances of application, as opposed to the "relative" standards embodied in "national treatment" and "most favoured nation" principles which define the required treatment by reference to the treatment accorded to other investment1. Although some references to the standard can be found in the first negotiating attempts of multilateral trade and investment instruments, it became established as a principle mainly through the increasing network of bilateral investment treaties. The obligation of the parties to investment agreements to provide to each other's investments "fair and equitable treatment" ...


[Full Book] Fair And Equitable Treatment In International Investment Law

 Fair and Equitable Treatment  in International Investment Law PDF
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Publisher: Cambridge University Press
Author: Roland Kläger
Category : Law
Languages : en
Pages : 361

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Fair And Equitable Treatment In International Investment Law

Fair And Equitable Treatment In International Investment Law by Roland Kläger, Fair And Equitable Treatment In International Investment Law Books available in PDF, EPUB, Mobi Format. Download Fair And Equitable Treatment In International Investment Law books, This book looks at fair and equitable treatment as a key standard of international investment law.


[Full Book] International Investment Law A Changing Landscape A Companion Volume To International Investment Perspectives

International Investment Law  A Changing Landscape A Companion Volume to International Investment Perspectives PDF
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Publisher: OECD Publishing
Author: OECD
Category :
Languages : en
Pages : 161

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International Investment Law A Changing Landscape A Companion Volume To International Investment Perspectives

Fair And Equitable Treatment In International Investment Law by OECD, International Investment Law A Changing Landscape A Companion Volume To International Investment Perspectives Books available in PDF, EPUB, Mobi Format. Download International Investment Law A Changing Landscape A Companion Volume To International Investment Perspectives books, Presents four studies on international investment law: one on transparency, one on the fair and equitable treatment standard, one on indirect expropriation and the right to regulate, and one on most favoured nation treatment.


[Full Book] Fair And Equitable Treatment In International Trade And Investment Law 1919 1956

Fair and Equitable Treatment in International Trade and Investment Law  1919 1956 PDF
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Publisher:
Author: Mona Pinchis-Paulsen
Category :
Languages : en
Pages :

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Fair And Equitable Treatment In International Trade And Investment Law 1919 1956

Fair And Equitable Treatment In International Investment Law by Mona Pinchis-Paulsen, Fair And Equitable Treatment In International Trade And Investment Law 1919 1956 Books available in PDF, EPUB, Mobi Format. Download Fair And Equitable Treatment In International Trade And Investment Law 1919 1956 books,


[Full Book] The Core Standard Of International Investment Protection

The Core Standard of International Investment Protection PDF
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Publisher:
Author: Alexandra Diehl
Category : Law
Languages : en
Pages : 628

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The Core Standard Of International Investment Protection

Fair And Equitable Treatment In International Investment Law by Alexandra Diehl, The Core Standard Of International Investment Protection Books available in PDF, EPUB, Mobi Format. Download The Core Standard Of International Investment Protection books, This book surveys and analyses the nature of FET as a new rule of customary law that is non-contingent and absolute in that it protects a given entity irrespective of the treatment which may be accorded to others. The author explores whether the often-heard criticism of the international investment protection regime is justified. The overarching questions are: Does the systems mixture of private arbitration and public law indeed undermine accountability and independence in judicial decision-making? Does it trump principles of legislative supremacy and, in the end, alter a central tenet of representative democracy? Among the far-reaching aspects of the subject covered are the following: the relationship of FET to human rights and other standards of protection; assumptions about reciprocity and mutuality; the treatification of foreign investment law; the special significance of the Energy Charter Treaty; ICSID as a self-contained system; identifying limitations on the parties freedom of choice; the protection of legitimate expectations; the relevance of investors conduct in FET proceedings; due process in administrative decision-making, and denial of judicial justice. Relevant case law is examined, and there are detailed descriptions of the main dispute resolution forums ICSID arbitration especially, but with due attention to the new UNCITRAL, the ICC Rules, the SCC and the LCIA Rules. This is a significant contribution to the debate over a controversial concept and its normative underpinnings. By analysing how states are bound by investment treaty obligations and how arbitrators deal with them, this book explains how the standards are continually shaped and scrutinized to respond to the needs of the actors engaged in an investment relationship."


[Full Book] The Right Of States To Regulate In International Investment Law

The Right of States to Regulate in International Investment Law PDF
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Publisher: Kluwer Law International B.V.
Author: Yulia Levashova
Category : Law
Languages : en
Pages : 320

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The Right Of States To Regulate In International Investment Law

Fair And Equitable Treatment In International Investment Law by Yulia Levashova, The Right Of States To Regulate In International Investment Law Books available in PDF, EPUB, Mobi Format. Download The Right Of States To Regulate In International Investment Law books, Due to the ongoing recent expansion of public interest issues worldwide, the state’s right to regulate has been recaptured as a prominent concept in international investment law. The fair and equitable treatment (FET) standard provision in the text of an international investment agreement (IIA) has become a detailed clause clarifying the specific obligations of a state towards an investor under the FET standard. However, striking the right balance between the interests of host states and investors in these new treaty formulations has proved to be challenging. This book greatly clarifies the field by offering the in-depth analysis of the application of the state’s right to regulate in relation to FET standard provisions in IIAs and to decisions by arbitral tribunals in FET cases. Recognising that the role of tribunals is to balance the state’s public interests and the interests of the investor when interpreting and applying the FET standard, the author pursues such seminal issues and topics as the following: the legitimacy of the objective of the state’s measure; obligations and responsibilities of investors towards a host state; the nature and impact of a change to a national regulatory framework; special economic and sociopolitical circumstances in a host state; and due diligence and risk assessment as a condition for the protection of an investor’s legitimate expectations. Multiple IIAs concluded by the OECD Member States, as well by Russia and China between the developing countries, and the prominent investment law cases on the FET standard are examined in detail. The analysis pays particular attention to how investment jurisprudence in FET cases has been reflected in such new IIAs as the Comprehensive Economic and Trade Agreement between the European Union (EU) and Canada (CETA), the EU-Vietnam FTA and the EU-Singapore FTA. These case studies demonstrate the evolution of the IIAs’ FET standard provisions and how they balance the application of the FET standard and the state’s right to regulate. Suggestions are provided for drafting formulations of the FET standard that can contribute to achieving such a balance. In the clear light it sheds on the legal conditions under which states may regulate in the public interest and its contribution to the reforms that are currently taking place in the field of international investment law, this book constitutes an exemplary framework to evaluate investment decisions on the FET standard and the right to regulate. It is sure to prove extremely useful for practitioners who work on investment cases, policymakers involved in negotiating and drafting of IIAs, policy advisors of governmental and non-governmental organisations and academics in international investment law.


[Full Book] The Fair And Equitable Treatment In International Investment Law

The Fair and Equitable Treatment in International Investment Law PDF
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Publisher:
Author: Nunki Gardjito Bismo
Category : Favored nation clause
Languages : en
Pages : 60

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The Fair And Equitable Treatment In International Investment Law

Fair And Equitable Treatment In International Investment Law by Nunki Gardjito Bismo, The Fair And Equitable Treatment In International Investment Law Books available in PDF, EPUB, Mobi Format. Download The Fair And Equitable Treatment In International Investment Law books,


[Full Book] The Foundations Of International Investment Law

The Foundations of International Investment Law PDF
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Publisher: Oxford University Press
Author: Zachary Douglas
Category : Law
Languages : en
Pages : 541

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The Foundations Of International Investment Law

Fair And Equitable Treatment In International Investment Law by Zachary Douglas, The Foundations Of International Investment Law Books available in PDF, EPUB, Mobi Format. Download The Foundations Of International Investment Law books, 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.


[Full Book] Investment Treaty Law

Investment Treaty Law PDF
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Publisher: BIICL
Author: Federico Ortino
Category : Business & Economics
Languages : en
Pages : 261

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Investment Treaty Law

Fair And Equitable Treatment In International Investment Law by Federico Ortino, Investment Treaty Law Books available in PDF, EPUB, Mobi Format. Download Investment Treaty Law books, In 2005, as part of its research activities in the field of investment treaty law and arbitration, the Investment Treaty Forum at the British Institute of International and Comparative Law organized two very successful public conferences in London addressing the issues of 'Nationality and Investment Treaty Claims' and 'Fair and Equitable Treatment in Investment Treaty Law.' This publication records the presentations given by very distinguished experts in the field. The first conference addressed a central issue in international law. Nationality sits at the heart of the debate over the rights and participation of private parties in international relations. In international investment law, nationality constitutes one of the central criteria defining the scope of application of international investment agreements such as the International Centre for Settlement of Investment Disputes (ICSID) Convention or the several thousands bilateral investment treaties (BITs) and free trade agreements (FTAs). Topics addressed at the conference include the issue of nationality of physical and legal persons, the requirements for substantive and continuous nationality, as well as the issue of nationality in derivative actions and indirect claims. The second conference dealt with potentially the most important and elusive obligation imposed on States by international investment treaties: the fair and equitable treatment standard. The elements that are usually cited by the case law and by legal scholars in the attempt to describe the meaning of the fair and equitable treatment standard include very broad concepts that are open to differing interpretations depending fundamentally on the perceived objectives of the international investment system. Among the topics addressed at the conference were the application of the fair and equitable treatment standard in customary international law and in investment treaty practice; equivalent standards under domestic administrative law; the relationship between the fair and equitable standard and expropriation; and the relevance of the conduct of the investor in determining a breach of the fair and equitable treatment standard.


[Full Book] Fair And Equitable Treatment And The Fabric Of General Principles

Fair and Equitable Treatment and the Fabric of General Principles PDF
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Publisher: Springer
Author: Fulvio Maria Palombino
Category : Law
Languages : en
Pages : 189

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Fair And Equitable Treatment And The Fabric Of General Principles

Fair And Equitable Treatment In International Investment Law by Fulvio Maria Palombino, Fair And Equitable Treatment And The Fabric Of General Principles Books available in PDF, EPUB, Mobi Format. Download Fair And Equitable Treatment And The Fabric Of General Principles books, This book moves from the circumstance whereby currently the obligation to provide fair and equitable treatment (FET) to foreign investments is included in the majority of international investment agreements and has proved to be the most invoked standard in investor-State arbitration. Hence, it is no overstatement to describe this standard as the basic norm of international investment law. Yet both its meaning and normative basis continue to be shrouded in ambiguity and, as a consequence, to inspire a considerable number of interpretations by legal writers. The book’s precise aim is to unravel such ambiguity, arguing from the idea that FET has become part of the fabric of general international law, but has done so by means of a source somewhat neglected in legal doctrine. This being the category of general principles peculiar to a certain field of international law, i.e. those principles having their own foundations in the international legal order itself, but which, through the mediation of the judge, end up being shaped according to the features typical of a specific normative field. The book, as well as having a solid theoretical backdrop as its basis, offers a careful and critical analysis of pertinent case law, and will prove useful to both scholars and practitioners. Fulvio Maria Palombino is Professor of International Law at the Law Department of the University of Naples Federico II and a member of the Executive Board of the European Society of International Law.


[Full Book] The International Minimum Standard And Fair And Equitable Treatment

The International Minimum Standard and Fair and Equitable Treatment PDF
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Publisher: OUP Oxford
Author: Martins Paparinskis
Category : Law
Languages : en
Pages : 320

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The International Minimum Standard And Fair And Equitable Treatment

Fair And Equitable Treatment In International Investment Law by Martins Paparinskis, The International Minimum Standard And Fair And Equitable Treatment Books available in PDF, EPUB, Mobi Format. Download The International Minimum Standard And Fair And Equitable Treatment books, Investment protection treaties generally provide for the obligation to treat investments fairly and equitably, even if the wording of the rule and its relationship with the customary international standard may differ. The open-textured nature of the rule, the ambiguous relationship between the vague treaty and equally vague customary rules, and States' interpretations of the content and relationship of both rules (not to mention the frequency of successful invocation by investors) make this issue one of the most controversial aspect of investment protection law. This monograph engages in a comprehensive analysis of the relationship between the international minimum standard and fair and equitable treatment. It provides an original argument about the historical development of the international standard, a normative rationale for reading it into the treaty rules of fair and equitable treatment, and a coherent methodology for establishing the content of this standard. The first part of this book untangles the history of both the international minimum standard and fair and equitable treatment. The second part addresses the normative framework within which the contemporary debate takes place. After an exhaustive review of all relevant sources, it is argued that the most persuasive reading of fair and equitable treatment is that it always makes a reference to customary law. The third part of the book builds on the historical analysis and the normative framework, explaining the content of the contemporary standard by careful comparative human rights analysis.


[Full Book] The Fair And Equitable Treatment Fet Standard In International Investment Arbitration

The Fair and Equitable Treatment  FET  Standard in International Investment Arbitration PDF
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Publisher: Springer
Author: Rumana Islam
Category : Law
Languages : en
Pages : 202

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The Fair And Equitable Treatment Fet Standard In International Investment Arbitration

Fair And Equitable Treatment In International Investment Law by Rumana Islam, The Fair And Equitable Treatment Fet Standard In International Investment Arbitration Books available in PDF, EPUB, Mobi Format. Download The Fair And Equitable Treatment Fet Standard In International Investment Arbitration books, This book presents comprehensive information on a range of issues in connection with the Fair and Equitable Treatment (FET) standard, with a particular focus on arbitral awards against host developing countries, thereby contributing to the available literature in this area of international investment law. It examines in detail the interpretation of the FET standard of key arbitral awards affecting host developing countries, demonstrating the full range of interpretation approaches adopted by the current investment tribunals. At the same time, the book offers valuable practical guidance for counsels/scholars representing host developing countries in investment arbitration, where balancing the competing interests of the foreign investors and the host developing countries in investment disputes poses a complex challenge. The book puts forward the pressing need for a re-conceptualized interpretation of the FET standard in tune with the developmental issues and challenges faced by host developing countries, recognizing these countries’ particular perspectives as an important and relevant aspect of investment disputes (often ignored by the current investment tribunals), while continuing to ensure reasonable protections for foreign investors and therefore serving the needs of the system as whole. The findings presented here will greatly benefit host developing countries engaged in investment arbitration. In addition, the book offers an insightful guide for all researchers whose work involves investment law and investment arbitration issues.


[Full Book] Investment Treaty Law

Investment Treaty Law PDF
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Publisher: BIICL
Author: British Institute of International and Comparative Law
Category : Law
Languages : en
Pages : 333

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Investment Treaty Law

Fair And Equitable Treatment In International Investment Law by British Institute of International and Comparative Law, Investment Treaty Law Books available in PDF, EPUB, Mobi Format. Download Investment Treaty Law books, The Investment Treaty Forum of the British Institute of International and Comparative Law brings together eminent practitioners, arbitrators, and academics in the dynamic area of international investment law. Members of the Forum, under the British Institute's auspices, examine and debate the legal and policy issues presented by the increasingly complex web of investment treaties and the disputes that arise under them. The Forum held two conferences in 2007: the present volume compiles the papers presented at the conferences as well as a transcript of the round-table discussion on the subject of 'precedent' in international investment arbitration that featured some of the foremost authorities on the subject. Part I of the book is devoted to remedies, compensation and valuation in international investment disputes. This under-theorized area of law is ripe for further exploration by lawyers and economists, and the papers in this volume present a framework for further inquiry. Papers in Part II address the jurisprudence emerging from investment arbitration tribunals on issues such as fair and equitable treatment, 'umbrella' clauses, and nationality of claimants. The overarching question addressed by the papers, and by the concluding roundtable, is the relationship of those decisions with general international law and whether or not there is, or should be, a doctrine of precedent in investment treaty arbitration.


[Full Book] The Fair And Equitable Treatment Standard In The International Law Of Foreign Investment

The Fair and Equitable Treatment Standard in the International Law of Foreign Investment PDF
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Publisher: Oxford University Press on Demand
Author: Ioana Tudor
Category : Law
Languages : en
Pages : 315

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The Fair And Equitable Treatment Standard In The International Law Of Foreign Investment

Fair And Equitable Treatment In International Investment Law by Ioana Tudor, The Fair And Equitable Treatment Standard In The International Law Of Foreign Investment Books available in PDF, EPUB, Mobi Format. Download The Fair And Equitable Treatment Standard In The International Law Of Foreign Investment books, This text analyses the conventional and customary framework of the fair and equitable treatment clauses commonly found in bilateral investment treaties (BITs) and charts how these clauses have become norms of customary international law.


[Full Book] Fair And Equitable Treatment Of Investers Under International Investment Law And From The Islamic Practice

Fair and Equitable Treatment of Investers Under International Investment Law and from the Islamic Practice PDF
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Publisher:
Author: Sebghatullah Qazi Zada
Category :
Languages : en
Pages : 310

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Fair And Equitable Treatment Of Investers Under International Investment Law And From The Islamic Practice

Fair And Equitable Treatment In International Investment Law by Sebghatullah Qazi Zada, Fair And Equitable Treatment Of Investers Under International Investment Law And From The Islamic Practice Books available in PDF, EPUB, Mobi Format. Download Fair And Equitable Treatment Of Investers Under International Investment Law And From The Islamic Practice books, This dissertation initially examines the concept of international investment law and it sources. Fair and equitable treatment (hereinafter “FET”) as one of the principles of International Investment law is examined under multilateral and bilateral investment treaties and the interpretation given by the international arbitral tribunals. These tribunals have the enforcement power of the FET concept and this dissertation will look at whether there are any differences between their interpretations and the contents of multilateral and bilateral investment treaties. The author will look at the extent to which FET can adversely affect the ability of governments, particularly those of developing countries to legislate for the public interest. Additionally, the author intends to inspect at how Islam responds to the fair and equitable treatment of investors. Host states standards of treatment, specifically protecting the investments as well as the dispute settlement, are issues that are connected to the globalization of economy and has led to disputes regarding access to markets, market liberalization and consequently the establishment of rights. Since its beginnings, Islam has been emphatic on the establishment of justice and providing fair and equitable treatment to everyone, from the ruler to the ordinary citizen, and regardless of faith, race, or place of origin. This study adopts both a conceptual analysis of fair and equitable treatment under international investment law and also from the Islamic perspective. This study finds that there is a considerable link between FET principles and Islamic perspectives on the protection of the investors and thus it condemns and prohibits any sort of misappropriation of one’s property without his or her consent.


[Full Book] Fair And Equitable Treatment

Fair and Equitable Treatment PDF
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Publisher: BRILL
Author: Patrick Dumberry
Category : Law
Languages : en
Pages : 88

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Fair And Equitable Treatment

Fair And Equitable Treatment In International Investment Law by Patrick Dumberry, Fair And Equitable Treatment Books available in PDF, EPUB, Mobi Format. Download Fair And Equitable Treatment books, This book examines the interaction between the concept of the ‘minimum standard of treatment’ under custom and the fair and equitable treatment (FET) standard found in the vast majority of BITs. It also analyses whether the FET standard should be considered as a rule of customary international law.


[Full Book] A Reconstruction Of Fair And Equitable Treatment From The Perspective Of Human Rights Protection

A Reconstruction of Fair and Equitable Treatment from the Perspective of Human Rights Protection PDF
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Publisher:
Author: Kangping Du
Category :
Languages : en
Pages : 339

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A Reconstruction Of Fair And Equitable Treatment From The Perspective Of Human Rights Protection

Fair And Equitable Treatment In International Investment Law by Kangping Du, A Reconstruction Of Fair And Equitable Treatment From The Perspective Of Human Rights Protection Books available in PDF, EPUB, Mobi Format. Download A Reconstruction Of Fair And Equitable Treatment From The Perspective Of Human Rights Protection books, The relationship between human rights protection and foreign investment protection has been an issue that has been widely discussed. When the foreign investment protection and the human rights protection of local people conflicts, how should the investment law regime solve the problem? Moreover, is it possible that foreign investors' human rights protection be included in the international investment law regime? The international investment law regime should find a way to make itself compatible with international human rights law regime. The aforementioned is the major issue that this thesis intends to address. I have proposed to include human rights protection through the fair and equitable treatment (FET) clause in BITs. The literal meaning of FET is to give foreign investors the treatment that they deserve. This means that foreign investors should not be given neither less than they deserve, nor more than they deserve. Foreign investors were given more than they deserve when their investment were protected without giving due regard to local people's human rights protection. Meanwhile, foreign investors deserve an investment environment where their human rights are protected. For the coherence argument, FET is generally the implementation of the rule of law. In its interpretation, there is a presupposed warrant. The warrant is "foreign investors deserve an investment environment where rule of law is implemented." Foreign investors deserve an investment environment where rule of law is implemented. Rule of law includes the protection of human rights. Foreign investors therefore deserve an investment environment where the protection of human rights is implemented.


[Full Book] Investment Treaty Arbitration And International Law Volume 8

Investment Treaty Arbitration and International Law   Volume 8 PDF
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Publisher: Juris Publishing, Inc.
Author: Ian A. Laird
Category :
Languages : en
Pages : 416

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Investment Treaty Arbitration And International Law Volume 8

Fair And Equitable Treatment In International Investment Law by Ian A. Laird, Investment Treaty Arbitration And International Law Volume 8 Books available in PDF, EPUB, Mobi Format. Download Investment Treaty Arbitration And International Law Volume 8 books, This volume contains the papers and proceedings of the eighth annual Juris Conference addressing new developments in investment treaty arbitration with a focus on the fundamental issues that have drawn some of the greatest controversies in the jurisprudence over the past few years. The four topics addressed in this book include: Challenges to Arbitrators: Should the Challenge Process Be Overhauled?New Developments in Definition of "Investment": What Is the Role of the Concept of "Property" in Investment Arbitration?Is Investment Treaty Arbitration a Mechanism to Second-guess Governments' Exercise of Administrative Discretion: Public Law or Lex Investoria?Awarding Damages: Proportionality, Contributory Fault, and Arbitral Tribunals' Discretion or Toss of a Coin? Contributors: Meriam N. Alrashid Paul Barker Julie Bédard Alexander Bĕlohlávek Amal Bouchenaki Mark N. Bravin Kate Brown de Vejar Julián Cárdenas Garcia Tina Cicchetti Robert A. DeRise Paolo Di Rosa James Egerton-Vernon Timothy L. Foden George K. Foster John Y. Gotanda George Kahale III Jonathan S. Kallmer Joshua Karton Matthew S. Kronby Pablo D. López Zadicoff Juan Felipe Merizalde Urdaneta Craig Miles Caline Mouawad Timothy G. Nelson Michael Nolan Eloïse Obadia Sirshar Qureshi Charles E. Roh Charles B. Rosenberg Margarita R. Sánchez Matthew D. Slater Fernando A. Tupa Janet M. Whittaker