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The Trouble with Foreign Investor Protection

The Trouble with Foreign Investor Protection PDF Author: Gus Van Harten
Publisher: Oxford University Press, USA
ISBN: 0198866216
Category : Law
Languages : en
Pages : 225

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Book Description
At their core, ISDS treaties are flawed because they very firmly institute wealth-based inequality under international law. In this book, Van Harten explores these claims in the light of the history of early ISDS treaties.

The Trouble with Foreign Investor Protection

The Trouble with Foreign Investor Protection PDF Author: Gus Van Harten
Publisher: Oxford University Press, USA
ISBN: 0198866216
Category : Law
Languages : en
Pages : 225

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Book Description
At their core, ISDS treaties are flawed because they very firmly institute wealth-based inequality under international law. In this book, Van Harten explores these claims in the light of the history of early ISDS treaties.

The Trouble with Foreign Investor Protection

The Trouble with Foreign Investor Protection PDF Author: Gus Van Harten
Publisher: Oxford University Press
ISBN: 0192635913
Category : Law
Languages : en
Pages : 208

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Book Description
Governments are rightly discussing reform of investment treaties, and of the incredibly powerful system of 'investor-state dispute settlement' (ISDS) upon which they rest. At their core, ISDS treaties are flawed because they very firmly institute wealth-based inequality under international law. In this book, Van Harten explores these claims in the light of the history of early ISDS treaties showing their ties to decolonization and, at times, extreme violence and authoritarianism. Focusing on early ISDS lawsuits and rulings, it is revealed how a small group of lawyers and arbitrators worked to create the legal foundations for massive growth of ISDS since 2000. ISDS-based protections are examined in detail to demonstrate how they give exceptional advantages to the wealthy. Various examples are also offered of how the protections have been used to reconfigure state decision-making and shift sovereign minds in favour of foreign investors. Lastly, the ongoing efforts of governments to reform ISDS are surveyed, with a call to go further or, best of all, to withdraw from the treaties. This book is essential reading for anyone wanting to know more about the shady world of investment protection.

Legal Investor Protection in the case of Foreign Direct Investment in land in developing countries: conflicts with the human right to food

Legal Investor Protection in the case of Foreign Direct Investment in land in developing countries: conflicts with the human right to food PDF Author: Martin Kurray
Publisher: GRIN Verlag
ISBN: 3656085412
Category :
Languages : de
Pages : 89

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Book Description
Studienarbeit aus dem Jahr 2010 im Fachbereich Politik - Internationale Politik - Thema: Globalisierung, pol. Ökonomie, Note: 1,3, Technische Universität Dresden (Zentrum für Internationale Studien), Veranstaltung: Law and Morality in International Relations, Sprache: Deutsch, Abstract: Das in jüngster Zeit aufgetretene Phänomen von großflächigen Landinvestitionen in Entwicklungsländern (2land grabbing")wie die Investitionen zur Produktion von Nahrungsmittel und Agro-Treibstoffe für internationale Märkte werfen mannigfaltige Fragen aus politischer, ökonomischer und rechtlicher Perspektive aus. Hierbei rückt vor allem die Rolle transnationaler Wirtschaftsakteure in den Vordergrund. Die Arbeit analysiert auf internationaler Ebene wie die Prinzipien des internationalen Investitionsrechts die Handlungsmacht transnationaler Unternehmen erweitert und andererseits Staaten in ihrem Verhalten und ihren Handlungsmöglichkeiten beschränken. Staatlichen Akteuren fällt es zunehmend schwerer das allgemeine Menschenrecht auf angemessene Ernährung zu schützen und zu gewährleisten bzw. kann unter Mithilfe des Staates die Prinzipien des internationalen Investitionsrechts sogar mit menschenrechtlichen Normen kollidieren. Dabei wird Recht vor allem als Mittel und Ausdruck von Macht wahrgenommen. So wird deutlich, wie transnationale Regulierung sich auf Staaten sowie auf die Lebenswelten von ländlichen Gruppierungen auswirkt. Darüber hinausgehende Regulierungsansätze wie ein von der Weltbank ausgearbeiteter freiwilliger Verkaltenskodex (Principles for Responsible Agricultural Investments) sind dabei zumeist unzureichend aufgrund fehlender Sanktionierungsmaßnahmen und gehen implizit von der Notwendigkeit ländlicher Entwicklung durch Unternehmen der Privatwirtschaft aus.

The Protection of Foreign Investments in Mongolia

The Protection of Foreign Investments in Mongolia PDF Author: Bajar Scharaw
Publisher: Springer
ISBN: 9783319660882
Category : Law
Languages : en
Pages : 358

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Book Description
This book analyses the adequacy of Mongolia’s legal system for foreign investment protection by conducting a multi-level assessment of international investment treaties, domestic legislation of the host State, and investor-State contracts from an international comparative perspective. The investigation distinguishes between three legal dimensions, each of which offers both substantive legal guarantees for the protection of investments in the host State and provisions for the settlement of investment disputes by arbitration. In the first dimension of Public International Law (PIL), Mongolia is bound by international investment treaties, which offer investors an international law setting. In the second dimension, a special domestic investment law defines the domestic framework for the establishment, promotion and protection of investments, but also for the conclusion of investor-State contracts. These contracts in turn open a third legal dimension, which represents a cross-section through the PIL and domestic-law dimensions of investment protection. Following the development of a multi-level system with legal dimensions that are not isolated but rather interrelated and mutually reinforcing, the book examines whether Mongolia’s international investment treaties and domestic investment law reflect globally shared international and domestic standards of treatment and protection of foreign investments. Lastly, the author inquires whether the domestic laws applicable to investor-State contracts in Mongolia allow investors and the Mongolian Government to agree on protective terms according to the (not uncontroversial) standards of international contract practice.

Investor-State Dispute Settlement and National Courts

Investor-State Dispute Settlement and National Courts PDF Author: Gabrielle Kaufmann-Kohler
Publisher: Springer Nature
ISBN: 3030441644
Category : Conflict management
Languages : en
Pages : 125

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Book Description
This open access book examines the multiple intersections between national and international courts in the field of investment protection, and suggests possible modes for regulating future jurisdictional interactions between domestic courts and international tribunals. The current system of foreign investment protection consists of more than 3,000 international investment agreements (IIAs), most of which provide for investment arbitration as the forum for the resolution of disputes between foreign investors and host States. However, national courts also have jurisdiction over certain matters involving cross-border investments. International investment tribunals and national courts thus interact in a number of ways, which range from harmonious co-existence to reinforcing complementation, reciprocal supervision and, occasionally, competition and discord. The book maps this complex relationship between dispute settlement bodies in the current investment treaty context and assesses the potential role of domestic courts in future treaty frameworks that could emerge from the States current efforts to reform the system. The book concludes that, in certain areas of interaction between domestic courts and international investment tribunals, the "division of labor" between the two bodies is not always optimal, producing inefficiencies that burden the system as a whole. In these areas, there is a need for improvement by introducing a more fruitful allocation of tasks between domestic and international courts and tribunals - whatever form(s) the international mechanism for the settlement of investment disputes may take. Given its scope, the book contributes not only to legal analysis, but also to the policy reflections that are needed for ongoing efforts to reform investor-State dispute settlement.

International Investment Law and History

International Investment Law and History PDF Author: Stephan W. Schill
Publisher: Edward Elgar Publishing
ISBN: 1786439964
Category :
Languages : en
Pages : 400

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Book Description
Historiographical approaches in international investment law scholarship are becoming ever more important. This insightful book combines perspectives from a range of expert international law scholars who explore ways in which using a broad variety of methods in historical research can lead to a better understanding of international investment law.

Arbitrating Foreign Investment Disputes

Arbitrating Foreign Investment Disputes PDF Author: Norbert Horn
Publisher: Kluwer Law International B.V.
ISBN: 9041122931
Category : Law
Languages : en
Pages : 572

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Book Description
Cross-border direct investment constitutes a substantial sector of the international financial market and is also an important vehicle for the transfer of technology and the modernisation of national economies. In recent years, international arbitration has gained a prominent role as a means of settlement of foreign investment disputes. The number and size of investment disputes under arbitration have risen significantly due to the growing number of bilateral investment treaties and increased use of arbitration under multilateral investment treaties. Arbitrating such disputes requires specialised skills and arbitrators with international experience. This new title, featuring contributions from leading experts in the field, deals with the procedural and substantive legal aspects of arbitrating foreign investment disputes. The chapters cover the basic framework of investment protection, the key notions of investment protection and examples and crucial aspects of arbitrating foreign investment disputes. For those involved with international investment arbitration, including practising lawyers, anyone doing business abroad and academics Arbitrating Foreign Investment Disputes: Procedural and Substantive Legal Aspects will provide high level analysis and accurate legal updates and assessments from around the world.

Protection of Foreign Investment in India and Investment Treaty Arbitration

Protection of Foreign Investment in India and Investment Treaty Arbitration PDF Author: Aniruddha Rajput
Publisher: Kluwer Law International
ISBN: 9789041182319
Category : Law
Languages : en
Pages : 248

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Book Description
Protection of Foreign Investment in India and Investment Treaty Arbitration aims at introducing the driving concepts of investment arbitration with a focus on Bilateral Investment Treaties (BITs) and Free Trade Agreements. India is one of the fastest growing economies and intends to achieve the desired growth with the help of foreign investment. Recently, India terminated all the existing BITs and announced to renegotiate them based on the newly issued Model BIT. This book is the first comprehensive commentary and analyses of international investment law with a focus on India. It offers detailed examination of India's legal position in relation to protection of foreign investment and the impact of investment treaty arbitration and related jurisprudence on the country's governance structures and regulatory framework. Additionally, it reflects upon the political and economic rationales for the policy on foreign investment. What's in this book: Among the matters discussed are the following: jurisprudence of investment tribunals, with a focus on cases where India was a party (White Industries v. India); impact of the Make in India campaign and other reforms on foreign investment; requirement of valid entry and operation of foreign investment; prominent treatment standards such as expropriation, fair and equitable treatment, full protection and security, most favoured nation, and national treatment; dispute resolution clauses and enforcement of investment arbitration awards; interaction of protection of foreign investment and the Indian judiciary; and reasons for India not joining the ICSID Convention. How this will help you: Given India's position as a hugely influential player in the cross-border movement of capital, this book discusses the willingness of the Indian legal system to 'change the rules' towards protection of foreign investment and investment treaty arbitration. This book serves as a guide to understanding the implications of municipal law and the jurisprudence of Indian courts on international investment law. Thus, this book proves to be of immeasurable value to practitioners, legal academics, interested policy makers, multinational corporations and their counsel, and others to confidently face the challenges posed by the investment protection regime in India.

Foreign Investment Under the Comprehensive Economic and Trade Agreement (CETA)

Foreign Investment Under the Comprehensive Economic and Trade Agreement (CETA) PDF Author: Makane Moïse Mbengue
Publisher: Springer
ISBN: 331998361X
Category : Law
Languages : en
Pages : 361

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Book Description
This book analyzes the investment chapter of a new type of trade agreement between Canada and the European Union to help readers gain a better understanding of this mega-regional deal, which includes foreign investment protection. It first provides background information on the Comprehensive Economic and Trade Agreement (CETA), particularly focusing on the chapter on foreign investment, including the rules on the entry of investments, their protection and the stringent dispute settlement mechanism. It goes on to explore whether these provisions are a further step toward reforming the current international investment law regime. It also examines the highly innovative part of the agreement: the inclusion of crosscutting issues, such as sustainable development. In addition, it examines the CETA investment chapter from the perspective of non-contracting parties, including Africa, Asia and Latin America. The book is of interest to academics and students in the field of international investment law. It is also an essential resource for government legal advisers, policymakers, business practitioners, and others dealing with international investment law.

Protecting Foreign Investment Under International Law

Protecting Foreign Investment Under International Law PDF Author: Paul E. Comeaux
Publisher:
ISBN: 9780379213713
Category : Law
Languages : en
Pages : 448

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Book Description
While conditions for foreign investors are generally safer in today's global economy than in previous decades, the issues to consider with regard to political risk go far beyond the obvious. Investors must continue to exercise caution in developing countries or under governments with a history of instability, & even the "safest" countries have certain risks associated with them. The only text available of its kind, this authoritative volume discusses the political risk of expropriation, both direct & indirect, & the various protections that are available under international law to minimize these risks. Plus, detailed references, useful appendices & contact information are provided. Written from the perspective of the practitioner, this text provides: * A review & explanation of the international law regarding political risk * Methods for the investor to reduce exposure to political risk through business structure, contract negotiation, & risk insurance * An explanation of the arbitral, judicial, & political options open to the investor following a taking of the investor's property Topics Covered Include: * International law regarding expropriation * Treaty provisions regarding protection of investment * Contracts with host states * Procuring investment insurance * Diplomacy between the host state & the investor's home state.