the three laws of international investment national contractual and international frameworks for foreign capital

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The Three Laws Of International Investment

Author : Jeswald W. Salacuse
ISBN : 9780199654567
Genre : Business & Economics
File Size : 66. 79 MB
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There are three legal frameworks applicable to international investments: the laws of the host state and the investor's country, the contract between the host state and the investor, and the rules of international investment law. This book assesses how these three bodies of law interact in investment agreements and dispute arbitration.

Public Policy In International Economic Law

Author : Diane Desierto
ISBN : 9780191026478
Genre : Law
File Size : 80. 79 MB
Format : PDF
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States reject inequality when they choose to ratify the International Covenant on Economic, Social and Cultural Rights (ICESCR), but to date the ICESCR has not yet figured prominently in the policy calculus behind States' international economic decisions. This book responds to the modern challenge of operationalizing the ICESCR, particularly in the context of States' decisions within international trade, finance, and investment. Differentiating between public policy mechanisms and institutional functional mandates in the international trade, finance, and investment systems, this book shows legal and policy gateways for States to feasibly translate their fundamental duties to respect, protect, and fulfil economic, social and cultural rights into their trade, finance, and investment commitments, agreements, and contracts. It approaches the problem of harmonizing social protection objectives under the ICESCR with a State's international economic treaty obligations, from the designing and interpreting international treaty texts, up to the institutional monitoring and empirical analysis of ICESCR compliance. In examining public policy options, the book takes into account around five decades of States' implementation of social protection commitments under the ICESCR; its normative evolution through the UN Committee on Economic, Social and Cultural Rights, and the Committee's expanded fact-finding and adjudicative competences under the Optional Protocol to the ICESCR; as well as the critical, dialectical, and deliberative roles of diverse functional interpretive communities within international trade, finance, and investment law. Ultimately, the book shoes how States' ICESCR commitments operate as the normative foundation of their trade, finance, and investment decisions.

The Foundations Of International Investment Law

Author : Zachary Douglas
ISBN : 9780191508585
Genre : Law
File Size : 28. 9 MB
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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. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.

The Legal Protection Of Foreign Investment

Author : Wenhua Shan
ISBN : 9781847319654
Genre : Law
File Size : 65. 19 MB
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The law of foreign investment is at a crossroads. In the wake of an unprecedented global financial crisis and a sharp surge of investment arbitration cases, states around the world are reflecting on the pros and cons of the current liberal investment regime and exploring new ways ahead. This book brings together leading investment lawyers from more than 20 main jurisdictions of the world to tackle the challenge of producing a first comparative study of foreign investment law. Based on the General and National Reports presented at the 'Protection of Foreign Investment' Session at the 18th International Congress of the International Academy of Comparative Law (Washington DC, July 2010), the book is a unique resource for investment lawyers. Part I of the book presents a comparative overview of key aspects of foreign investment protection in the world today, including admission, investment contracts, treatment standards, tax regime and incentives, performance requirement, property and expropriation, monetary transfer and dispute settlement. Part II presents in-depth and detailed accounts of the investment laws of more than 20 jurisdictions, including Argentina, Australia, Canada, China, Croatia, Czech Republic, Ethiopia, France, Germany, Greece, Italy, Japan, South Korea, Macau, Peru, Portugal, Russia, Singapore, Slovenia, Turkey, the UK and the USA. The book will be an invaluable guide to legal and business communities with an interest in the law and practice of foreign investment in the world in general and in these jurisdictions in particular.

Die Berechnung Von Entsch Digung Und Schadenersatz In Der Internationalen Rechtsprechung

Author : Irmgard Marboe
ISBN : 3631573251
Genre : Law
File Size : 58. 72 MB
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Originally presented as the author's thesis (habil.)--Univ. Wien, 2006.

Oecd Investment Policy Reviews Oecd Investment Policy Reviews Peru 2008

Author : OECD
ISBN : 9789264053755
Genre :
File Size : 72. 2 MB
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Shows Peru's achievements in establishing and open and transparent investment regime with a limited number of restrictions, enabling it to rank among the most open economies.

Principles Of International Investment Law

Author : Rudolf Dolzer
ISBN : 9780191632136
Genre : Law
File Size : 38. 6 MB
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This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law, interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor vs State arbitration. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students or practitioners alike.

Internationales Wirtschaftsrecht

Author : Matthias Herdegen
ISBN : 3406647405
Genre : Commercial law
File Size : 64. 12 MB
Format : PDF
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Institutions And Investments

Author : Jun Fu
ISBN : 0472111787
Genre : Business & Economics
File Size : 69. 36 MB
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Provides an in-depth look at how China's financial institutions interact with foreign investment

International Business Law And Its Environment

Author : Richard Schaffer
ISBN : 9781305143012
Genre : Business & Economics
File Size : 31. 96 MB
Format : PDF
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Today most people agree that no business is purely domestic and that even the smallest local firms are affected by global competition and world events. INTERNATIONAL BUSINESS AND ITS LEGAL ENVIRONMENT is designed to deliver comprehensive, yet accessible, coverage of the legal implications and ramifications of doing business internationally, along with the related cultural, political, economic, and ethical issues faced by global business managers. Focusing on trade, the licensing of intellectual property, and foreign direct investment, the authors present the three major forms of doing business in a foreign country through real-world examples, precedent-setting cases, managerial implications, and ethical considerations. From the legal relationship between parties in an international business transaction to managing risk to learning the special challenges of doing business in emerging economies, the 9th Edition helps students understand the most common practices and critical issues in global business law. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

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