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1

The international law of investment claims. Cambridge University Press, 2009.

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2

Kevin, Williams, ed. Damages in international investment law. British Institute of International and Comparative Law, 2008.

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3

Boese, John T. Civil false claims and qui tam actions. 2nd ed. Aspen, 2000.

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4

Boese, John T. Civil false claims and qui tam actions. Prentice Hall Law & Business, 1993.

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Civil false claims and qui tam actions. 3rd ed. Aspen Publishers, 2006.

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6

Resources, United States Congress Senate Committee on Energy and Natural. "Exxon Valdez" oil spill: Report together with additional views (to accompany S. 711). U.S. G.P.O., 1999.

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United States. Congress. Senate. Committee on Energy and Natural Resources. "Exxon Valdez" oil spill: Report together with additional views (to accompany S. 711). U.S. G.P.O., 1999.

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United States. Congress. Senate. Committee on Energy and Natural Resources. "Exxon Valdez" oil spill: Report together with additional views (to accompany S. 711). U.S. G.P.O., 1999.

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9

Zarbafi, Elisa M. Responsible Investment and the Claim of Corporate Change. Gabler, 2011. http://dx.doi.org/10.1007/978-3-8349-6202-7.

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United States. Congress. Senate. Committee on Energy and Natural Resources. Rescues at Denali, Exxon Valdex oil spill, and federal hiring in Alaska: Hearing before the Committee on Energy and Natural Resources, United States Senate, One Hundred Sixth Congress, first session, on S. 698, to review the suitability and feasibility of recovering costs ... S. 711, to allow for the investment of joint federal and state funds from the civil settlement of damages ... S. 748, to improve native hiring and contracting by the federal government ... May 13, 1999. U.S. G.P.O., 1999.

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11

GOVERNMENT, US. Investment treaty with Uruguay: Message from the President of the United States transmitting Treaty Between the United States of America and the Oriental Republic of Uruguay Concerning the Encouragement and Reciprocal Protection of Investment. U.S. G.P.O., 2006.

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US GOVERNMENT. Investment treaty with Uruguay: Message from the President of the United States transmitting Treaty Between the United States of America and the Oriental Republic of Uruguay Concerning the Encouragement and Reciprocal Protection of Investment. U.S. G.P.O., 2006.

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US GOVERNMENT. Investment treaty with Uruguay: Message from the President of the United States transmitting Treaty Between the United States of America and the Oriental Republic of Uruguay Concerning the Encouragement and Reciprocal Protection of Investment. U.S. G.P.O., 2006.

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14

Miller, Darlene. South Africa multinational corporations, NEPAD and competing spatial claims on post-apartheid southern Africa. Institute for Global Dialogue, 2004.

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15

US GOVERNMENT. Investment treaty with Zaire: Message from the President of the United States transmitting the treaty between United States of America and the Republic of Zaire concerning the reciprocal encouragement and protection of investment, with protocol, signed at Washington, August 3, 1984. U.S. G.P.O., 1986.

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US GOVERNMENT. Investment treaty with Zaire: Message from the President of the United States transmitting the treaty between United States of America and the Republic of Zaire concerning the reciprocal encouragement and protection of investment, with protocol, signed at Washington, August 3, 1984. U.S. G.P.O., 1986.

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17

US GOVERNMENT. Investment treaty with Zaire: Message from the President of the United States transmitting the treaty between United States of America and the Republic of Zaire concerning the reciprocal encouragement and protection of investment, with protocol, signed at Washington, August 3, 1984. U.S. G.P.O., 1986.

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18

United States. Congress. House. Committee on Energy and Commerce. Authorities of the Secretary of the Treasury regarding Iraqi assets: Report (to accompany H.R. 1286 which ... was referred jointly to the Committee on Foreign Affairs and the Committee on Energy and Commerce) (including cost estimate of the Congressional Budget Office). U.S. G.P.O., 1991.

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19

Financial advice for middle class America: A do it yourself investment guide. G & G Pub. Co., 1989.

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20

H.R. 4401, the Health Care Infrastructure Investment Act of 2000: Hearing before the Subcommittee on Government Management, Information, and Technology of the Committee on Government Reform, House of Representatives, One Hundred Sixth Congress, second session, on H.R. 4401, to amend title XVIII of the Social Security Act to provide for a moratorium on the mandatory delay of payment of claims submitted under part B of the Medicare program and to establish an advanced informational infrastructure for the administration of federal health benefits programs, July 11, 2000. U.S. G.P.O., 2001.

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21

Zarbafi, Elisa M. Responsible Investment and the Claim of Corporate Change: A Sensemaking Perspective on How Institutional Investors May Drive Corporate Social Responsibility. Gabler Verlag / Springer Fachmedien Wiesbaden GmbH, Wiesbaden, 2011.

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22

Bonn, Moritz J. Vermögensgesetz: Textausgabe. C.H. Beck, 2003.

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23

United States. Congress. House. Committee on Financial Services. Subcommittee on Capital Markets and Government Sponsored Enterprises. Investor protection: The need to protect investors from the government : hearing before the Subcommittee on Capital Markets and Government Sponsored Enterprises of the Committee on Financial Services, U.S. House of Representatives, One Hundred Twelfth Congress, second session, June 7, 2012. U.S. G.P.O., 2012.

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24

Friehe, Claus. Altes Recht, neues Recht: Eigentumsrecht an Grundstücken und Immobilien in den neuen Bundesländern. MVG-Verlag, 1992.

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25

Fair and equitable tax policy for America's working families: Hearing before the Committee on Ways and Means, U.S. House of Representatives, One Hundred Tenth Congress, first session, September 6, 2007. U.S. G.P.O., 2008.

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26

Douglas, Zachary. International Law of Investment Claims. Cambridge University Press, 2012.

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27

Qureshi, Khawar. Bilateral Investment Treaty Claims: The Essentials. Wildy, Simmonds & Hill Publishing, 2016.

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28

Vanhonnaeker, Lukas. Shareholders' Claims for Reflective Loss in International Investment Law. University of Cambridge ESOL Examinations, 2020.

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29

Pricing Corporate Securities as Contingent Claims. The MIT Press, 2001.

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30

Garbade, Kenneth D. Pricing Corporate Securities As Contingent Claims. MIT Press, 2001.

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31

Investment Treaty Law: Current Issues: Nationality and Investment Treaty Claims and Fair and Equitable Treatment in Investment Treaty Law. British Inst of Intl & Comparative, 2007.

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32

Federico, Ortino, and British Institute of International and Comparative Law., eds. Investment treaty law: Current issues volume II : nationality and investment treaty claims, fair and equitable treatment in investment treaty law. British Institute of International and Comparative Law, 2007.

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33

Federico, Ortino, and British Institute of International and Comparative Law., eds. Investment treaty law: Current issues volume II : nationality and investment treaty claims, fair and equitable treatment in investment treaty law. British Institute of International and Comparative Law, 2007.

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34

J, Fortgang Chaim, Mayer Thomas Moers, and Practising Law Institute, eds. Trading in claims against chapter 11 debtors: Investment and control issues. Practising Law Institute, 1991.

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35

Jeswald W, Salacuse. The Law of Investment Treaties. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198703976.001.0001.

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The rapid growth in investment treaties has led to a burgeoning number of international arbitration decisions that have applied and interpreted treaty provisions in disputes between investors and states concerning their respective rights. This flurry of treaties and arbitral decisions has seen the creation of a new branch of international law - the law of investment claims. In this revised second edition, Jeswald Salacuse examines the law of international investment treaties, specifically in relation to its origins, structure, content, and effect, as well as their impact on international inves
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36

Campbell, McLachlan, Shore Laurence, and Weiniger Matthew. Part II Ambit of Protection, 6 Investment. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780199676798.003.0006.

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Chapter 6 explores the central concept of ‘investment’. It first considers the core question of the definition of ‘investment’ under the ICSID Convention and under investment treaties. It then takes up four important issues: (1) the time when an investment is made in relation to the temporal scope of the treaty protections; (2) the extent to which pre-contract investment may obtain treaty protection; (3) the place of an investment; and (4) the role of host State law in defining ‘investment’. It then analyses a set of problems that arise out of indirect investments: the relation between the los
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37

Häusermann, Silja, and Bruno Palier. The Politics of Social Investment. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198790488.003.0031.

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Recent research on the development of social investment has demonstrated reform progress not only in different regions of Europe, but also in Latin America and South-East Asia. However, the specific substance of the social investment agendas varies strongly between these regions. Why have social investment ideas and policies been more developed in some regions and countries than in others? Building on the theoretical framework of this volume, our chapter suggests that the content of regional social investment agendas depends on policy legacies in terms of investment vs consumption-oriented pol
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38

Civil False Claims & Qui Tam Actions. 3rd ed. Aspen Law & Business, 1993.

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39

John, Choong. 19 SIAC Investment Rules. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198810650.003.0019.

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In 2017, the Singapore International Arbitration Centre (SIAC) released separate rules for investment arbitration: the SIAC Investment Arbitration Rules (SIAC IA Rules). This chapter addresses the new SIAC IA Rules, which entered into force on 1 January 2017. It begins in Part A with an introduction to the SIAC IA Rules. Part B then examines the key provisions of the SIAC IA Rules in more detail. These include scope of application (Rule 1), constitution of the tribunal (Rules 5 to 9, 12, 13), third-party funding (Rules 24, 33 and 35), early dismissal of claims and defences (Rule 26), third par
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40

Katia, Yannaca-Small, ed. Arbitration Under International Investment Agreements. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.001.0001.

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Investor-state arbitration is a form of dispute settlement that allows foreign investors the opportunity to seek compensation for damages or discriminatory practices, most of which arise out of breaches of treaty obligations by the governments of host countries. With a high level of public interest involved in these cases, the awards of these tribunals are subject to much scrutiny and debate. As a result, up-to-date knowledge of the key topics of investment arbitration is integral for those practicing in the field, especially given the rapid development of international investment law. This bo
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41

Katia, Yannaca-Small, and Earnest David. Part II Guide to Key Preliminary and Procedural Issues, 7 The Fate of Frivolous and Unmeritorious Claims. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0007.

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The term ‘frivolous’ is sometimes used to describe a claim which is filed with knowledge that it has little or no chance of succeeding. This chapter examines the procedures available under international investment agreements and international arbitration rules to address on a preliminary and expedited basis claims that are frivolous in the sense of being baseless and unmeritorious, regardless of claimant’s motives. The current trend towards preliminary and expedited consideration of a request that an application in investor-state arbitration be dismissed as frivolous is rooted in the 2004 US M
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42

William W, Park. Part II Legal Framework: Courts, Statutes and Treaties, D The Architecture of Arbitration, 5 Convention Violations and Investment Claims. Oxford University Press, 2012. http://dx.doi.org/10.1093/law/9780199657131.003.0022.

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43

Medicare: Greater investment in claims review would save millions : report to the Chairman, Committee on the Budget, House of Representatives. The Office, 1994.

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44

Irmgard, Marboe. Calculation of Compensation and Damages in International Investment Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198749936.001.0001.

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Fully revised and updated from the successful first edition, this title analyses the practice of international courts and tribunals with regard to the valuation of investment claims against states, paying specific attention to the question of interest. This new edition incorporates new jurisprudence, updates existing cases, and includes a new section on immaterial damage. The new edition also contains extensive annexes devoted to ICSID cases and non-ICSID investment cases, as well as a table on methods of valuation in international practice.
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45

Stanimir A, Alexandrov. Part III Guide to Key Jurisdictional Issues, 15 Breach of Treaty Claims and Breach of Contract Claims: When Can an International Tribunal Exercise Jurisdiction? Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0015.

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Foreign investors invest in a host state via a contract between the foreign investor and an entity or instrumentality of the host state. Disputes between investors and host states under investment treaties often arise out of breaches of these contracts. In such cases, international tribunals must assess whether the asserted claims rise to the level of a breach of a state’s international obligations. More than a decade ago, the decisions on jurisdiction in SGS v Pakistan and SGS v Philippines brought this issue into the spotlight. These decisions, often perceived as contradictory, deal with the
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46

Mark A, Clodfelter, and Tsutieva Diana. Part III Guide to Key Jurisdictional Issues, 17 Counterclaims in Investment Treaty Arbitration. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0017.

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The last decade has seen an increase in the efforts of respondent States to have their own claims against investor-claimants heard in investor-State proceedings commenced against them. The investment arbitration case law has revealed a host of legal and practical difficulties in admitting counterclaims. Most of these stem from the core requirement that parties must consent to submit their differences to investment arbitration. The applicable arbitration rules have also been cited as a bar to counterclaims. This chapter explores the functionality of applicable procedural rules as bases for an i
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47

Nigel, Blackaby, and Wilbraham Alex. Part V Remedies and Costs, 26 Third-party Funding in Investment Treaty Arbitration. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0026.

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This chapter discusses the issue of third-party funding in international investment arbitration. Third-party funding has become an established part of the investment arbitration landscape. Despite criticism in some quarters, tribunals and international arbitral bodies have tended to favour the view that third-party funding promotes access to justice rather than encouraging frivolous claims. Tribunals have consistently held that receipt of third-party funding is unlikely to affect a claimant’s position from a jurisdictional perspective and will not affect a claimant’s ability to recover legal c
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48

Andrea K, Bjorklund. Part IV Guide to Key Substantive Issues, 21 The National Treatment Obligation. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0021.

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Most investment agreements contain a national treatment obligation, which requires that a host State treat foreign-owned investments at least as well as similarly situated national investments, or foreign investors as well as domestic investors. This chapter first explores the historical development of the national treatment obligation. It then addresses national treatment in practice, with particular reference to the investment treaty practice of the last decade and a half. As part of that examination, it sets forth the difficult and unresolved issues in the national treatment jurisprudence,
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49

Katia, Yannaca-Small. Part III Guide to Key Jurisdictional Issues, 10 Who is Entitled to Claim?: The Definition of Nationality in Investment Arbitration. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0010.

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One of the main elements setting the scope of application ratione persona of international investment agreements is the definition of the investor. An investment agreement applies only to investors who qualify for coverage under its relevant provisions; only they can submit a claim against the host State. The definition identifies the group of investors whose foreign investment the home country is seeking to protect through the agreement as its ‘nationals’, as well as the ‘clients’ and the investments the host country wishes to attract. This chapter deals with the nationality of the investor,
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50

Aloysius P, Llamzon. Part II The Jurisprudence on Corruption in International Investment Arbitration: Case and Trend Analysis, 7 Emergent Trends. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780198714262.003.0007.

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This chapter identifies nine trends that have emerged from the two decades of arbitral treatment of corruption issues by investment tribunals. Among these are that corruption cases are almost never outcome-determinative; corruption is raised almost three times as much by host States as by investors, and often invoked by host States as a complete defence against all investor claims; investors raise corruption less frequently and have never successfully secured a corruption finding; and that the treatment of corruption issues varies according to who is making the allegation; and this asymmetry h
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