Analogies in International Investment Law and Arbitration

Analogies in International Investment Law and Arbitration
Title Analogies in International Investment Law and Arbitration PDF eBook
Author Valentina Vadi
Publisher Cambridge University Press
Total Pages 319
Release 2015-12-11
Genre Law
ISBN 1107093317

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In recent years, concerns have arisen in investor-state arbitration with regard to the magnitude of the decision-making power allocated to investment treaty tribunals. This book explores whether the use of analogies can improve the functioning of such arbitration, and how such analogies might be drawn.

Private Law Sources and Analogies of International Law

Private Law Sources and Analogies of International Law
Title Private Law Sources and Analogies of International Law PDF eBook
Author Hersch Lauterpacht
Publisher The Lawbook Exchange, Ltd.
Total Pages 352
Release 2002
Genre Arbitration (International law)
ISBN 1584771844

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Lauterpacht, Sir Hersch. Private Law Sources and Analogies of International Law: With Special Reference to International Arbitration. London: Longmans, Green and Co. Ltd., 1927. xxv, 325 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2001041399. ISBN 1-58477-184-4. Cloth. $75. * A scientific look at the practice of the use of private law for the development of international law. Lauterpacht expands upon this subject with a useful discussion of international arbitration and international tribunals, and refers to numerous cases. An English international lawyer of Polish birth, Lauterpacht [1897-1960] offers a conception of his subject shaped by academic research and practical experience. He was Whewell Professor of International Law at Cambridge and a member of the Institute of International Law and the British Academy. He also served as a judge of the International Court of Justice and was a Bencher of Gray's Inn. Walker, The Oxford Companion to Law 716. The Lawbook Exchange has also published a reprint of his other noted work, The Function of Law in the International Community.

The Foundations of International Investment Law

The Foundations of International Investment Law
Title The Foundations of International Investment Law PDF eBook
Author Zachary Douglas
Publisher OUP Oxford
Total Pages 586
Release 2014-05-01
Genre Law
ISBN 0191508586

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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.

Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration

Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration
Title Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration PDF eBook
Author Valentina Vadi
Publisher Edward Elgar Publishing
Total Pages 352
Release 2018-04-27
Genre LAW
ISBN 1785368583

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International investment law is one of the most dynamic fields of international law, and yet it has been criticised for failing to strike a fair balance between private and public interests. In this valuable contribution to the current debate, Valentina Vadi examines the merits and pitfalls of arbitral tribunals’ use of the concepts of proportionality and reasonableness to review the compatibility of a state’s regulatory actions with its obligations under international investment law.

Public Actors in International Investment Law

Public Actors in International Investment Law
Title Public Actors in International Investment Law PDF eBook
Author Catharine Titi
Publisher Springer Nature
Total Pages 205
Release 2021
Genre Conflict management
ISBN 3030589161

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This open access book focuses on public actors with a role in the settlement of investment disputes. Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.

Private Law Sources and Analogies of International Law : with Special Reference to International Arbitration

Private Law Sources and Analogies of International Law : with Special Reference to International Arbitration
Title Private Law Sources and Analogies of International Law : with Special Reference to International Arbitration PDF eBook
Author
Publisher
Total Pages 350
Release 1927
Genre
ISBN

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International Investment Law and Arbitration

International Investment Law and Arbitration
Title International Investment Law and Arbitration PDF eBook
Author Borzu Sabahi
Publisher BRILL
Total Pages 70
Release 2018-07-17
Genre Law
ISBN 9004363033

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International Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution.