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ENGLISH

Ethics And Investor-State Dispute Settlement

~~230,55€~~ 207,50€ 10% OFF

 Can a person simultaneously act as counsel and arbitrator? Can an arbitrator have too many appointments? Will artificial intelligence write awards? In this book, we seek to provide an in-depth analysis of key ethics issues that have arisen in the process of reforming investor-state dispute settlement in Working Group III of the United Nations Commission of International Trade Law (UNCITRAL). This comprehensive study of ethical requirements is written by leading experts in the field and discusses key issues, including the UNCITRAL Codes of Conduct, double-hatting, issue conflicts, and many others. The book fills a gap in the literature and offers both practitioners and academics the necessary tools to navigate the complex landscape of ethical considerations in investment dispute settlement.
ENGLISH

Beyond Dispute Resolution: Historical Investor-State Arbitration As Governance

by Vladislav Djanic

~~287,53€~~ 258,78€ 10% OFF

 This book breaks open new frontiers in historical research on investor-state arbitration (ISA) by discussing long-forgotten case law, the first-hand involvement with early ISA by key historical political figures such as Winston Churchill and President Taft, early 20th-century debates in Canada's parliament, and treaty-based ISAs that considerably predate the advent of the BIT. Stemming from extensive original archival research conducted at numerous private and public archives located in five countries and on two continents, this book ties these (and other) fascinating factual underpinnings together to argue that-contrary to conventional wisdom-direct ISA has long been an important vehicle of governance.
ENGLISH

International Investment Law And Dispute Resolution In The Western Balkans - Regional Prospects For A European Future

~~286,20€~~ 257,58€ 10% OFF

 This book provides a comprehensive and in-depth analysis of the legal and institutional frameworks for investment law and dispute resolution in the Western Balkans region, filling a significant gap in understanding the regional dynamics in the field. It is the first book of its kind, drawing on unique insights from government officials, legal practitioners, international development organizations and scholars, who address the existing frameworks and transformative reform efforts. In two carefully curated sections, the book first analyses the regional developments in the context of EU and international reforms, then zooms into the legal and institutional frameworks for investment protection and dispute resolution in each economy, based on robust analysis and unique empirical data.
ENGLISH

International Investment Law And The Pandemic

~~181,53€~~ 163,38€ 10% OFF

 This book discusses how the Covid pandemic has reshaped investment screening mechanisms, investment law and arbitration. Contributions from leading academics and practitioners offer a fresh perspective on the reform of the ISDS mechanism and investment treaties; security and public order risks in FDI screening; the application of treaty standards and customary law defences; and the critical role of scientific data in investment arbitration. With rare insights and unpublished data, this book is your essential guide to understanding the resilience of the investment regime in these challenging times.
ENGLISH

Stabilization And Renegotiation Clauses In State Contracts, National Law And Investment Treaties

by Abdallah Ali

~~213,33€~~ 192,00€ 10% OFF

 How do host states and foreign investors balance the need for legal stability and regulatory flexibility in the complex world of international investment, against the backdrop of an ever-evolving global economy? This book uncovers unique insights into the delicate balance between legal stability and flexibility. Through in-depth analysis and real-world case studies, Dr. Abdallah Ali unveils the secrets behind stabilization and renegotiation clauses, demystifying their impact on investors, governments, and global trade. With rare access to historical data and illuminating examples, this work is an invaluable resource for legal practitioners, policymakers, and investors navigating the complexities of international investment terrain.
ENGLISH

Double Recovery In Investment Arbitration - Toward A Principled Treatment Of Double Compensation

by Leyla Bahmany

348,48€ + 10% CARD

 This book presents the first comprehensive analysis of the risk of double compensation, often called double recovery, in the investor-State dispute settlement (ISDS) system and proposes a practical solution to the problems which double compensation creates. The book responds to all the key questions that legal counsel, arbitrators, judges, and scholars facing the double compensation issue may have, including: What requirements must be met for the problem to arise? What have others said and done about the problem? What is the most effective way to tackle it? The proposed solution is based on currently available legal doctrines and practice and strikes a balance between investors' and States' interests.
ENGLISH

China'S Foreign Investment Legal Regime - Toward China'S Development Goals

by Yawen Zheng

270,30€ + 10% CARD

 China's foreign investment legal regime encompasses domestic laws governing inward and outward investments, investment treaties and the Belt and Road Initiative. Can China's foreign investment legal regime lead its two-way investments towards the country's five development goals (building technological capacity, deepening integration into the global economy, promoting green development, protecting security, and participating in global economic governance and rule-making)? Yawen Zheng pioneers a systematic study of China's foreign investment legal regime, finding that the regime has gradually made progress towards the development goals, but the effort is diluted by obstacles such as outdated treaties, conflicts with the West, and domestic political challenges.
ENGLISH

Mediation As A Mandatory Pre-Condition To Arbitration - Alternative Dispute Resolution In Investor-State Dispute Settlement

by Ana Ubilava

251,75€ + 10% CARD

 Mandatory investor-state mediation (ISM) as a pre-condition to arbitration is the way forward for rebalancing the investor-state dispute settlement (ISDS) regime and tackling its widely criticised shortcomings. Presenting a comprehensive doctrinal analysis of ISDS clauses of dozens of treaties, this book reveals that simply offering ISM in a voluntary format will not increase its utilisation. In this volume, Ana Ubilava further debunks four common arguments and misconceptions against mandatory ISM through an innovative empirical analysis of over 600 investor-state arbitration cases. She also offers recommendations for incorporating mandatory ISM in ISDS as a precondition to arbitration aimed at international policymakers.
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Role Of The Domestic Law Of The Host State In Determining The Jurisdiction Ratione Materiae Of Investment Treaty Tribunals

eBook 10%

ENGLISH

Role Of The Domestic Law Of The Host State In Determining The Jurisdiction Ratione Materiae Of Investment Treaty Tribunals - The Partial Revival Of The Localisation Theory?

by Reza Eftekhar

280,90€ + 10% CARD

 The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals: The Partial Revival of the Localisation Theory? focuses on the largely unexplored role of the host state law in determining the jurisdiction ratione materiae of investment treaty tribunals. Given domestic law's essential role in subject-matter jurisdiction issues, and in the light of the broader function of host state law and host state courts in contemporary investment treaty law, the author argues that the dormant "localisation" theory that was raised and defended by developing countries in the 1960s-1970s in the context of foreign investment contract disputes has now been partially revived in the area of the investment treaty law. This is a significant milestone in the ongoing discussions on the reform of the investment treaty dispute settlement regime.
ENGLISH

Beyond Consent - Revisiting Jurisdiction In Investment Treaty Arbitration

by Relja Radovic

237,18€ + 10% CARD

 Conventional wisdom in the theory and practice of investment treaty arbitration says that the jurisdiction of arbitral tribunals is regulated by party consent. In Beyond Consent: Revisiting Jurisdiction in Investment Treaty Arbitration, Relja Radovic investigates the formation of another layer of jurisdictional regulation, which is developed by arbitral tribunals. The principle that the jurisdiction of arbitral tribunals is governed by party consent stems from the foundations of the international legal order. Against that background, Radovic surveys case law and analyses the development of arbitrator-made jurisdictional rules, which complement those defined by disputing parties. He then argues in favour of recognising the regulatory function of arbitral tribunals in the jurisdictional structure of investment treaty arbitration.
ENGLISH

Sustainable Development In Eu Foreign Investment Law

by Stefanie Schacherer

307,40€ + 10% CARD

 In Sustainable Development in EU Foreign Investment Law, Stefanie Schacherer offers an account of the legal effects of sustainable development within the EU's international investment policy and global investment governance. The author provides a clear assessment of how the EU contributes to the ongoing debate on sustainable development integration in international investment agreements. By analysing the EU's post-Lisbon treaty practice, the author critically assesses to what extent the EU has managed to operationalise a sustainable-development-driven foreign investment policy.
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China'S Treaty Policy And Practice In International Investment Law And Arbitration

eBook 10%

ENGLISH

China'S Treaty Policy And Practice In International Investment Law And Arbitration - A Comparative And Analytical Study

by G. Matteo Vaccaro-Incisa

226,58€ + 10% CARD

 Flyer In this comparative and analytical study, G. Matteo Vaccaro-Incisa offers the most comprehensive and detailed account of China's Treaty Policy and Practice in International Investment Law and Arbitration published to date. After outlining the evolution of China's macroeconomics and ideological stance toward foreign investment, the author analyzes the relationship between the model investment treaties China adopted over the time and those of other traditional key players in the field (Germany, UK, France, Italy, Netherlands). Most innovatively, by analytically surveying several key provisions (including ISDS, expropriation, MFN, NT, FET, FPS) of 120 International Investment Agreements concluded by China, this work manages to draw an objective assessment of the investment treaty policy and practice of a nation that has quickly become a leading importer and exporter of capital across the globe.
ENGLISH

Investments In Conflict Zones - The Role Of International Investment Law In Armed Conflicts, Disputed Territories, And 'Frozen' Conflicts

308,73€ + 10% CARD

 Investments in Conflict Zones addresses the topical and underexplored role of international investment law in armed conflicts, disputed territories, and 'frozen' conflicts. The edited collection explores how these different conflict situations impact the application and interpretation of international investment law and how the protection of investors can be reconciled with the politically charged circumstances and state interests involved. Written by a selected group of experts from different fields of international law, the volume moves beyond the confines of investment law, offering novel insights on its intersection with the law of armed conflict, human rights law, the law of the sea, general international law and national laws, including those adopted by de facto regimes which lack recognition as states.
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Contractual Renegotiations And International Investment Arbitration

eBook 10%

ENGLISH

Contractual Renegotiations And International Investment Arbitration - A Relational Contract Theory Interpretation Of Investment Treaties

by Aikaterini Florou

213,33€ + 10% CARD

 In Contractual Renegotiations and International Investment Arbitration, Aikaterini Florou explores the sensitive issues of renegotiating state contracts and the relationship between those contracts and the overarching international investment treaties. By introducing novel insights from economics, the author deconstructs the contract-treaty interaction, demonstrating that it is not only treaties that impact the underlying contracts, but also that those contracts have an effect on the way the open-textured treaty standards are interpreted. The originality of the argument is combined with an innovative interpretative methodology based on relational contract theory and transaction cost economics. Departing from the traditional emphasis of international lawyers on the text of investment contracts, Florou shows instead that such contracts are first and foremost "economic animals" and the theory of obsolescing bargaining does not paint a full picture of the contract-treaty interaction.
ENGLISH

Public Participation And Foreign Investment Law - From The Creation Of Rights And Obligations To The Settlement Of Disputes

278,25€ + 10% CARD

 Public Participation and Foreign Investment Law offers a systematic treatment of public participation from the standpoint of the three main sources of foreign investment law, namely treaties, legislation and contracts. It identifies and critically discusses the different forms of public participation that can be found or envisaged in foreign investment law. From this perspective, the book looks at public participation as vehicle to strike a balance between private and public rights and interests. This book contributes to the understanding of the current forms, level and impact of public participation. It provides indications on how such participation could be enhanced with a view of improving the balance and legitimacy of the legal instrument related to the promotion and protection of foreign investments.
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Performance Requirement Prohibitions In International Investment Law

eBook 10%

ENGLISH

Performance Requirement Prohibitions In International Investment Law

by Alexandre Genest

242,48€ + 10% CARD

 In Performance Requirement Prohibitions in International Investment Law, Alexandre Genest explores the prohibition of performance requirements in investment treaties. The author focuses on answering two questions: first, how do States prohibit performance requirements in investment treaties? And second, how should such prohibitions of performance requirements be interpreted and applied? In providing answers to these questions, Alexandre Genest breaks new ground by proposing the first empirical typology of performance requirement prohibitions in investment treaties and the first in-depth analysis of arbitral awards on the subject. Alexandre Genest formulates insightful remarks for a more deliberate and informed interpretation and application of existing performance requirement prohibitions. These remarks will help improve the drafting of performance requirement prohibitions in future investment treaties.
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General Principles Of Law And International Investment Arbitration

eBook 10%

ENGLISH

General Principles Of Law And International Investment Arbitration

341,85€ + 10% CARD

 General Principles of Law in Investment Arbitration surveys the function of general principles in the field of international investment law, particularly in investment arbitration. The authors' analysis provides a representative case study of how this informal source operates alongside and in the absence of other sources of applicable law. The contributions are divided into two parts, devoted respectively to substantive principles and procedural ones. The principles discussed in the book are selected for their currency in the practice, their contested nature and their relevance.
ENGLISH

International Investment Treaties And Arbitration Across Asia

287,53€ + 10% CARD

 International Investment Treaties and Arbitration Across Asia brings together leading academics and practitioners to examine whether and how the Asian region has or may become a significant 'rule maker' in contemporary international investment law and dispute resolution. The editors introduce FDI trends and regulations, investment treaties and arbitration across Asia. Authors add country studies for the ten member states of the Association of Southeast Asian Nations as well as an overview of ASEAN treaties, or examine other potential 'middle powers' (Korea, Australia and New Zealand collectively) and the emerging 'big players' (China, Japan and India). Two early chapters present econometric studies of treaty impact on FDI flows, in aggregate as well as for Thailand, while two concluding chapters offer other normative and forward-looking perspectives.
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Contemporary And Emerging Issues On The Law Of Damages And Valuation In International Investment Arbitration

eBook 10%

ENGLISH

Contemporary And Emerging Issues On The Law Of Damages And Valuation In International Investment Arbitration

283,55€ + 10% CARD

 Damages and other forms of redress are the object of nearly every international investment dispute. Given the financial stakes in these cases, compensation is a key concern for both foreign investors and States. The increasingly large sums awarded and the growing complexity of claims call for a renewed analysis of legal and valuation concepts related to damages. Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration, edited by Christina L. Beharry, examines a broad range of damages topics, building on basic principles and surveying current developments to identify trends in the jurisprudence. A central contribution of this book is its exploration of cutting-edge issues dominating a new generation of investment awards and the interconnectedness of damages with other areas of international investment law. This volume brings together leading practitioners, experts, and academics with extensive experience working on issues related to the law of damages and the quantification of compensation. Readers are provided with a deeper understanding of legal and valuation principles that are often the source of intense debate in international investment cases.
ENGLISH

Civil Society In Investment Treaty Arbitration - Status And Prospects

by Farouk El-Hosseny

193,45€ + 10% CARD

 Civil Society in Investment Treaty Arbitration: Status and Prospects provides an overview of the evolution of civil society's participation as amicus curiae before ICSID tribunals and ad hoc tribunals applying the UNCITRAL Arbitration Rules. That evolution fits within a broader movement towards transparency in investment treaty arbitration. By looking at the procedural roles available to civil society before other jurisdictions, the book questions whether the amicus role could be expanded. El-Hosseny ultimately shows how substance and procedure closely intertwine. The issue of civil society's participation in investment treaty arbitration transcends the procedural realm. It is equally about arbitral tribunals' openness vis-a-vis public interest, environmental protection and human rights issues-a crucial consideration in ongoing debates over the legitimacy, and future, of investor-state arbitration.
ENGLISH

Towards Consistency In International Investment Jurisprudence - A Preliminary Ruling System For Icsid Arbitration

by Katharina Diel-Gligor

357,75€ + 10% CARD

 Investor-State arbitration is currently a much-debated topic, both within the legal community and in the public at large. In Towards Consistency in International Investment Jurisprudence, Katharina Diel-Gligor addresses the alleged proliferation of inconsistent decision-making in this field - one of the main points of concern raised in the ongoing discussions. After exploring whether such criticism is appropriate at all, she goes on to examine the different causes, forms, and manifestations of the inconsistencies that exist through a detailed analysis of ICSID arbitration. The author then canvasses possible approaches to reform and concludes that an ICSID preliminary ruling system - the practicalities of which are set out in the study - is a suitable means for enhancing consistency in investment arbitration and moving towards a jurisprudence constante.
ENGLISH

International Investment Law And Water Resources Management - An Appraisal Of Indirect Expropriation

by Ana Maria Daza-Clark

225,25€ + 10% CARD

 Hydrological variability, increasing competition for water, and the need for regulatory flexibility may increasingly compel governments to adopt measures with significant economic impact on foreign investment. In International Investment Law and Water Resources Management, Daza-Clark offers an appraisal of indirect expropriation, revisiting the well-known doctrine of the police power. Through the lens of international investment law, the author explores a framework that assesses the legitimate exercise of police power with particular attention to the special nature of water resources.
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International Investment Law In Latin America / Derecho Internacional De Las Inversiones En America Latina

eBook 10%

ENGLISH

International Investment Law In Latin America / Derecho Internacional De Las Inversiones En America Latina - The Time Machine, Macedonian Edition

483,63€ + 10% CARD

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ENGLISH

Reshaping The Investor-State Dispute Settlement System - Journeys For The 21st Century

323,30€ + 10% CARD

 In Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century, editors Jean E. Kalicki and Anna Joubin-Bret offer for the first time a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has generated a strong debate, usually framed by complaints about a perceived lack of legitimacy, consistency and predictability. While some ideas have been proposed for improvement, there has never before been a book systematically focusing on constructive paths forward. This volume features 38 chapters by almost 50 leading contributors, all offering concrete proposals to improve the ISDS system for the 21st century.
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