Log in

Relevant bibliographies by topics / Treaties with investment provisions / Books

To see the other types of publications on this topic, follow the link: Treaties with investment provisions.

Books on the topic 'Treaties with investment provisions'

Author: Grafiati

Published: 10 January 2023

Last updated: 29 January 2023

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 books for your research on the topic 'Treaties with investment provisions.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse books on a wide variety of disciplines and organise your bibliography correctly.

1

Banda, O. G. Dayaratna. Beyond goods and services: Competition policy, investment, mutual recognition, movement of persons, and broader cooperation provisions of recent FTAs involving ASEAN countries. Cambridge, Mass: National Bureau of Economic Research, 2005.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

2

US GOVERNMENT. Provisions in U.S. international air transport agreements. Washington, D.C. (1709 New York Ave., N.W., Washington 20006): Air Transport Association of America, 1985.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

3

Kapustin, Anatoliy, Vladislav Avhadeev, G. Aznagulova, Sayana Bal'haeva, Svetlana Gracheva, Nataliya Doronina, E. D'yachenko, et al. Modern concept of interpretation of international treaties. ru: INFRA-M Academic Publishing LLC., 2022. http://dx.doi.org/10.12737/1839409.

Full text

Abstract:

The monograph examines the most important elements of the modern concept of interpretation of international treaties, examines the history of the formation of the concept of interpretation of international treaties in doctrine and international practice, suggests approaches to conceptualizing the nature of interpretation of treaties, taking into account the provisions of the Vienna Convention on the Law of Treaties of 1969. Along with scientific and theoretical aspects, practical aspects of the interpretation of an international treaty are disclosed. The features of the interpretation of an international treaty in the practice of international organizations, including international integration organizations, international judicial bodies (ECHR, international judicial bodies for maritime disputes, the International Criminal Court, the Court of the Eurasian Economic Union) are analyzed, individual doctrines of treaty interpretation (evolutionary interpretation, interpretation of contextual elements) are investigated. The peculiarities of the interpretation of international investment treaties are revealed, the problems of the interpretation of international treaties in the decisions of international commercial arbitration are identified, the place of the interpretation of treaties in the concept of comparative international law is investigated. The concept of interpretation of international treaties by national judicial bodies of states with the involvement of the practice of Russian courts is proposed. For researchers, teachers, students and postgraduates of law schools and faculties, as well as anyone interested in the problems of modern international law.

APA, Harvard, Vancouver, ISO, and other styles

4

Margrete, Stevens, and International Centre for Settlement of Investment Disputes., eds. Bilateral investment treaties. The Hague: M. Nijhoff, 1995.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

5

United Nations Conference on Trade and Development. Investment promotion provisions in international investment agreements. New York: United Nations, 2008.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

6

Investment promotion provisions in international investment agreements. New York: United Nations, 2008.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

7

The law of investment treaties. Oxford: Oxford University Press, 2010.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

8

Bank, European Investment. Statute and other provisions. Luxembourg: European Investment Bank, 1986.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

9

Wenhua, Shan, ed. Chinese investment treaties: Policies and practice. Oxford: Oxford University Press, 2009.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

10

Bilateral investment treaties: History, policy, interpretation. New York: Oxford University Press, 2010.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

11

Bank, European Investment. European Investment Bank: Statute and other provisions. Luxembourg: The Bank, 1986.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

12

British Institute of International and Comparative Law, ed. The temporal scope of investment protection treaties. London: British Institute of International and Comparative Law, 2008.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

13

Vandevelde, Kenneth J. United States investment treaties: Policy and practice. Deventer [Netherlands]: Kluwer Law and Taxation, 1992.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

14

Vandevelde, Kenneth J. Bilateral investment treaties: History, policy, and interpretation. Oxford: Oxford University Press, 2010.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

15

Sasse, Jan Peter. An Economic Analysis of Bilateral Investment Treaties. Wiesbaden: Gabler, 2011. http://dx.doi.org/10.1007/978-3-8349-6185-3.

Full text

APA, Harvard, Vancouver, ISO, and other styles

16

Sasse, Jan Peter. An Economic Analysis of Bilateral Investment Treaties. Wiesbaden: Gabler Verlag / Springer Fachmedien Wiesbaden GmbH, Wiesbaden, 2011.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

17

Hamed, El-Kady, and United Nations Conference on Trade and Development, eds. The role of international investment agreements in attracting foreign direct investment to developing countries. New York: United Nations, 2009.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

18

Cotula, Lorenzo. Land rights and investment treaties: Exploring the interface. London: International Institute for Environment and Development, 2015.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

19

Blonigen, Bruce A. Do bilateral tax treaties promote foreign direct investment? Cambridge, MA: National Bureau of Economic Research, 2002.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

20

Ghouri, Ahmad Ali. Interaction and conflict of treaties in investment arbitration. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2015.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

21

Nigel, Blackaby, Partasides Constantine, Redfern Alan, and Hunter Martin. 8 Arbitration under Investment Treaties. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198714248.003.0008.

Full text

Abstract:

This chapter describes the arbitration process under international investment treaties, in particular under the Washington Convention of 1965. This Convention aimed primarily to create a new arbitral forum for the resolution of disputes between investors and states by means of the inclusion of arbitration clauses in state contracts. The travaux préparatoires of the Convention also made clear that the consent of the state to arbitration could be established through the provisions of an investment law, which prompted many states to develop a programme of bilateral treaties for the promotion and protection of investments, so-called bilateral investment treaties (BITs), which set out protections in favour of foreign investment. The dramatic growth of BITs since the mid-1980s has led to the adoption of similar provisions in the ‘investment chapters’, or collateral agreements, to multilateral economic cooperation treaties, such as the Association of Southeast Asian Nations (ASEAN) Comprehensive Investment Agreement.

APA, Harvard, Vancouver, ISO, and other styles

22

Norah, Gallagher, and Shan Wenhua. Chinese Investment Treaties. Oxford University Press, 2009. http://dx.doi.org/10.1093/law:iic/9780199230259.001.1.

Full text

Abstract:

China's success in attracting foreign direct investment (FDI) in the last decade is undisputed and unprecedented. It is currently the second largest FDI recipient in the world, a success partially due to China's efforts to enter into bilateral investment treaties (BITs) and other international investment instruments. This book is a comprehensive commentary on Chinese BITs. Chinese investment treaties have typically provided international forums for settling investment disputes such as the International Centre for the Settlement of Investment Disputes (ICSID). Given the continuous growth of FDI in China, the emergence of state-investor disagreements in China, and the dramatic rise of investment treaty based arbitrations world wide in recent years, it is anticipated that there will be an increasing number of investment arbitrations involving the central and local governments of China. This book reviews and analyzes China's approach to foreign investment. It considers the current role of investment treaties in China's foreign economic policy, analyzes and interprets the key provisions of the BITs, and discusses the future agenda of China's investment program. It looks at how this investment regime interconnects with the domestic system and considers the implications for a foreign investor in China.

APA, Harvard, Vancouver, ISO, and other styles

23

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

Full text

Abstract:

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 investors and investments, and the governments that are parties to them. Specific topics include conditions for the entry of foreign investment and general standards of treatment of foreign investments; monetary transfers; operational conditions; protection against expropriation; dispossession and compensation for losses; dispute settlement, including negotiation, arbitration, and conciliation; and judicial proceedings.

APA, Harvard, Vancouver, ISO, and other styles

24

Jeswald W, Salacuse. 7 Scope of Application of Investment Treaties. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198703976.003.0007.

Full text

Abstract:

This chapter first discusses the significance of a treaty’s scope of application, which has at least two important legal ramifications. First, a contracting state owes obligations under the treaty only to investors and investments that fall within the treaty’s scope of application or treaty definitions. Second, the treaty’s definitions and scope of application affect the jurisdiction of any international arbitral tribunal adjudicating a dispute brought under its provisions. The chapter then goes on to explain the meaning of the terms ‘investments’ and ‘investors’ as covered by investment treaties and gives an overview of the various types of formulation used to define those terms.

APA, Harvard, Vancouver, ISO, and other styles

25

Jeswald W, Salacuse. The Law of Investment Treaties. 3rd ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198850953.001.0001.

Full text

Abstract:

Investment treaties grant special international protection to foreign investors, and give them a means to enforce those rights against States in which they have invested. This book examines systematically the law of international investment treaties. Although the precise provisions of investment treaties are not uniform, virtually all investment treaties address the same issues. This book examines those issues in detail, including the scope of application, conditions for the entry of foreign investment, and general standards of treatment of foreign investments. Investment treaty law has continued to evolve rapidly and dramatically since publication of the second edition of this work in 2015. The field has seen considerable growth in the number and scope of investment treaties, now estimated at 3300, and investor-state arbitrations cases, which reached over 1000 in 2020. Beyond growth, the field has also experienced significant changes and reforms. In 2018, eleven Pacific Basin Countries, despite the withdrawal of the United States, forged ahead to conclude the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTTP), a potentially far reaching regional trade and investment agreement. The next year, the three north American nations replaced the North American Free Trade Agreement (NAFTA) with the United States-Mexico-Canada Agreement (USMCA). And in 2020, European Union member states terminated over 100 intra-EU BITs, leaving intra-EU investors to rely on EU law and legal processes alone for protection from unfavourable government acts. This edition incorporates a consideration of all of these and other reforms into its analysis of the body of law created by investment treaties since World War II.

APA, Harvard, Vancouver, ISO, and other styles

26

Roberto, Echandi. Part I Investment Treaties and the Settlement of Investment Disputes: The Framework, 1 Bilateral Investment Treaties and Investment Provisions in Preferential Trade Agreements: Recent Developments in Investment Rule-making. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0001.

Full text

Abstract:

This chapter argues that investment disputes, particularly those that have arisen in the context of the implementation of NAFTA, have influenced the refinement of the provisions of new generation international investment agreements (IIAs) as well as the inclusion of a series of procedural and substantive innovations. It addresses the main distinction between BITs and investment chapters in preferential trade agreements (PTAs), focusing on the evolution of their respective rationales. It looks at the main features of the new generation of IIAs and explains how such features respond to challenges derived from the interpretation of substantive and procedural provisions included in previous agreements. The discussion is organized under two themes: (i) moving from the original exclusive focus on investment protection towards also promoting liberalization of investment flows; and (ii) the impact of investor-state dispute settlement on investment rule-making.

APA, Harvard, Vancouver, ISO, and other styles

27

Jonathan, Bonnitcha, Skovgaard Poulsen Lauge N, and Waibel Michael. 5 The Microeconomics of Investment Treaties. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198719540.003.0005.

Full text

Abstract:

This chapter surveys the impact of investment treaties on decision-making at the firm and government levels. The focus is on whether investment treaties’ influence on the decisions of firms and states leads to improvements in efficiency. The first section examines the ‘hold-up’ problem, which provides the most influential and coherent microeconomic justification for the inclusion of investment protection provisions in investment treaties. The second section explores the problem of ‘fiscal illusion’ in host state decision-making, which could result in ‘over-regulation’ of foreign investment in the absence of an investment treaty. The third section considers whether investment treaties solve problems of discrimination against foreign investors, as well as the possibility that investment treaties lead to discrimination in favour of foreign investors.

APA, Harvard, Vancouver, ISO, and other styles

28

Campbell, McLachlan, Shore Laurence, and Weiniger Matthew. Part I Overview, 2 The Basic Features of Investment Treaties. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780199676798.003.0002.

Full text

Abstract:

Chapter 2 introduces the reader to the basic features of investment treaties, with particular emphasis on two types of treaties under which investment arbitrations have arisen: bilateral investment treaties (BITs) and multilateral investment treaties. It first discusses the structure of BITs, focusing on provisions in such areas as substantive rights, compensation for losses (war clause), free transfer of payments, dispute settlement, and subrogation. It then examines the common provisions of four major multilateral investment treaties, namely: NAFTA; the Energy Charter Treaty; the ASEAN Comprehensive Investment Agreement and the newly-concluded Trans-Pacific Partnership Agreement (not yet in force).

APA, Harvard, Vancouver, ISO, and other styles

29

Emmanuel, Gaillard, and McNeill Mark. Part I Investment Treaties and the Settlement of Investment Disputes: The Framework, 2 The Energy Charter Treaty. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0002.

Full text

Abstract:

The landscape of investment arbitration has shifted dramatically, with Europe — and the Energy Charter Treaty (ECT) — playing important roles in that transition. As the number of investment treaty arbitrations continues to mount, the ECT remains the most frequently invoked investment agreement with over 100 publicly known arbitrations filed to date. This chapter begins with some brief remarks on the genesis of the ECT. Each subsequent section focuses on a different aspect of the Treaty’s investment-related features, including the definitions of ‘Investor’ and ‘Investment’ in Article 1 of the ECT; the denial of benefits provision in Article 17(1), the Treaty’s substantive investment protections in Part III; and the dispute resolution mechanisms in Articles 26 and 27. Where useful, the chapter compares the Treaty’s text with analogous provisions in other investment agreements and addresses relevant arbitral decisions under the ECT.

APA, Harvard, Vancouver, ISO, and other styles

30

Campbell, McLachlan, Shore Laurence, and Weiniger Matthew. Part I Overview, 3 Dispute Resolution Provisions. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780199676798.003.0003.

Full text

Abstract:

Chapter 3 examines those aspects of dispute resolution provisions commonly found in bilateral investment treaties (BITs), with particular emphasis on four fundamental issues in the settlement of investment disputes through arbitration: (1) the clauses in investment treaties that provide for investor–State arbitration, focusing on the issue of the existence and limits of the consent to arbitrate; (2) transparency and the extent to which non-parties may be heard in the process; (3) the legal nature of the rights contained in investment treaties within the choice of law framework applicable to investment arbitration, in which both international law and host State law have a role to play; and (4) the overall approach to be taken to the interpretation of BITs under the general rule of interpretation provided in the Vienna Convention. The chapter concludes by discussing the role precedent plays in the development of investment treaty law.

APA, Harvard, Vancouver, ISO, and other styles

31

Ortino, Federico. The Origin and Evolution of Investment Treaty Standards. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198842637.001.0001.

Full text

Abstract:

This book provides a conceptual and legal analysis of the core of investment protection guarantees that emerge from international treaties signed since 1959 for the promotion and protection of foreign investment. It focuses on both the origin and evolution of investment treaty standards. In terms of origin, the work considers the broader context at the time when the first modern investment treaty was concluded. In terms of evolution, the work examines (a) the many decisions of ad hoc arbitral tribunals that have been called upon to apply these treaties in order to resolve the several hundred investor–State disputes, as well as (b) some of the recent investment treaties that in the past ten to fifteen years have attempted to clarify and/or reform the content and scope of investment protection guarantees. This study posits that the key investment protection provisions in investment treaties (and thus much of the related controversy) revolve around three distinct concepts: legal stability, investment’s value and reasonableness. This book advances two main arguments. First, from the very beginning, the protection afforded to foreign investments by modern investment treaties has been an exceptionally broad one and as such restrictive of the host State’s ability to regulate. Second, while a growing number of investment treaty tribunals as well as new investment treaties have to some extent reined in such broad protections, the evolution of key investment protection standards has been (and in many ways still is) marred by inconsistency and uncertainty.

APA, Harvard, Vancouver, ISO, and other styles

32

Ucheora, Onwuamaegbu. Part I Investment Treaties and the Settlement of Investment Disputes: The Framework, 3 International Investment Dispute Settlement Mechanisms. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0003.

Full text

Abstract:

This chapter begins by introducing the three institutions under whose auspices treaty-based investor-state arbitration proceedings have most commonly been conducted: the International Centre for Settlement of Investment Disputes (ICSID), the International Court of Arbitration of the International Chamber of Commerce (ICC), and the Arbitration Institute of the Stockholm Chamber of Commerce (SCC). Following a general overview of the three institutions, it examines certain procedural issues that may be considered by parties in deciding among them, assuming that consent exists. The intention is to highlight certain provisions in their arbitration rules that best demonstrate the main differences between them. Finally, the chapter examines the Rules of the United Nations Commission on International Trade Law under which the majority of ad hoc investor-state arbitrations have so far been conducted and draws certain contrasts between them and the rules of the institutions earlier discussed.

APA, Harvard, Vancouver, ISO, and other styles

33

Ursula, Kriebaum, Schreuer Christoph, and Dolzer Rudolf. Principles of International Investment Law. 3rd ed. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780192857804.001.0001.

Full text

Abstract:

This book outlines the principles behind the international law of foreign investment, focussing on the law governed by bilateral and multilateral investment treaties. The book 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 describes the dispute settlement mechanisms for enforcing investment law, outlining the operation of Investor v State arbitration. This third edition has been fully updated to reflect the evolution of treaty practice, jurisprudence, and doctrinal opinion, covering new treaties such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), United States–Mexico–Canada Agreement (USMCA), and the Comprehensive Economic and Trade Agreement (CETA). Each chapter is introduced by a bibliography of recent publications. 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, the book offers an ideal introduction to the principles of international investment law and arbitration, for students and practitioners alike.

APA, Harvard, Vancouver, ISO, and other styles

34

Jeswald W, Salacuse. 9 General Treatment Standards. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198703976.003.0009.

Full text

Abstract:

In order to protect foreign investments against the political risk created b by placing assets under a host country’s jurisdiction, investment treaties stipulate obligations regarding the ‘treatment’ that host countries must give to investors and their investments. This chapter discusses the absolute and relative general forms of treatment most frequently accorded to investors and investments by international investment treaties. These include fair and equitable treatment, national treatment, most-favoured-nation treatment, full protection and security, and minimum treatment according to the standards of international law. However, the degree of protection afforded individual investments may vary significantly among treaties. Consequently, persons interpreting investment treaty provisions should give careful attention to the differing ways in which individual treaty texts articulate their protections.

APA, Harvard, Vancouver, ISO, and other styles

35

Jeswald W, Salacuse. 16 The Consequences of Treaty Violations. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198703976.003.0016.

Full text

Abstract:

This chapter examines the consequences of treaty violations for states and the remedies available to an investment when a host state fails to provide the treatment it has promised. It first considers the fact that most investment treaties do not specifically state the consequences of a state’s breach of treaty provisions. However, on issues not specifically covered by treaty, all investment treaties authorize tribunals to apply customary international law in making decisions, including determining compensation for investments affected by the breach of treaty provisions. The chapter then discusses the application of customary international law on state responsibility and investment treaty remedies in general, citing the Draft Articles on Responsibility of States for Internationally Wrongful Acts and the Vienna Convention on the Law of Treaties in particular. Finally there is a discussion of valuation techniques used to determine the amount of damages.due to injured investors.

APA, Harvard, Vancouver, ISO, and other styles

36

Antonio R, Parra. 11 “The Premier International Investment Arbitration Facility in the World”. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198767466.003.0011.

Full text

Abstract:

This chapter examines activities of the Centre from the start of 2011 to the end of June 2015. Almost 50 percent more cases were registered at ICSID in that period compared to the previous five years. The chapter provides some statistics on the cases of this period. As in the decade before, it shows, most the cases were brought to ICSID on the basis of the dispute settlement provisions of investment treaties, mostly bilateral investment treaties (BITs) (in over 60 percent of the cases). A large proportion of the cases (more than ten percent) came to ICSID under the Energy Charter Treaty (ECT). Cases submitted to the Centre pursuant to the dispute resolution clauses of investment contracts made up for a smaller share of the total. A handful (5 percent) of the cases were initiated under dispute settlement provisions of an investment law of the host State. The chapter then looks at institutional developments of ICSID during the period and considers new challenges that ICSID might meet in the future.

APA, Harvard, Vancouver, ISO, and other styles

37

Jeswald W, Salacuse. 14 Investment Treaty Exceptions, Modifications, and Terminations. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198703976.003.0014.

Full text

Abstract:

This chapter considers the investment treaty devices of exceptions, modifications, and terminations. A state can encounter tensions between its perceived national interests and its requested or ratified treaty obligations in the negotiation and implementation of treaties. It has three basic devices to mediate these tensions. The first, which is employed as part of the negotiating process, is to create specific exceptions in the treaty to assure a host state sufficient latitude of action for the future. The other two, which are invoked after the investment treaty enters into effect, are for a state to modify the treaty provisions by agreement with other contracting parties or to terminate participation in the treaty and thus end its international investment obligations.

APA, Harvard, Vancouver, ISO, and other styles

38

Buga, Irina. Modification of Treaties by Subsequent Practice. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198787822.001.0001.

Full text

Abstract:

Treaties must undergo transformation and modernization to reflect changing norms and developments in international law. But treaties can be notoriously difficult to amend by formal means. One crucial way in which treaty evolution takes place is through subsequent practice, a well-established tool for treaty interpretation. While its initial aim is to shed light on the parties’ original intention, over time, subsequent practice acquires a force of its own and may come to evidence their contemporary understanding of the treaty. Subsequent practice may even diverge so far from treaty provisions that it can no longer be said to constitute an act of treaty interpretation, but becomes, in effect, one of modification. Furthermore, such practice can give rise to new norms of customary international law, which, in turn, may impact pre-existing treaty provisions. The modification of treaties by subsequent practice extends to all fields of international law, from the law of the sea, environmental law, and investment law, to humanitarian law and human rights. Such modifications can have significant practical consequences, from revising or creating new rights and obligations, to establishing new institutional mechanisms. Determining the point when the ‘switch’ from treaty interpretation to treaty modification occurs, however, is itself an act of interpretation. It poses difficulty to legal scholars and dispute settlement bodies alike, especially in light of the silence of the Vienna Convention on the Law of Treaties on this point, and impacts States’ expectations as to their treaty obligations. This book addresses this insufficiently explored issue of international significance.

APA, Harvard, Vancouver, ISO, and other styles

39

Norah, Gallagher, and Shan Wenhua. 7 Expropriation and Compensation. Oxford University Press, 2009. http://dx.doi.org/10.1093/law:iic/9780199230259.003.007.

Full text

Abstract:

Expropriation is a core element of the international legal regime relating to foreign investment. The international law relating to expropriation has evolved rapidly within the context of the modern framework for foreign investments, including multilateral treaties, bilateral investment treaties (BITs), and domestic foreign investment laws. This chapter examines the scope and definition of expropriation in the treaties and case law. It reviews how the provisions on expropriation in China's BITs have evolved and considers their scope, and whether they cover indirect or regulatory expropriation which tribunals are more often faced with today. The majority of claims are for indirect or regulatory expropriation and this has prompted states to include provisions in their Model BITs excluding non-discriminatory regulatory actions by a state implemented in the interest of public health, safety, and the environment. The chapter considers the conditions of a lawful expropriation as it is an accepted principle that expropriation is not illegal. Finally, it looks at the level of compensation awarded for an expropriation, one of the more important aspects of this standard of protection.

APA, Harvard, Vancouver, ISO, and other styles

40

Norah, Gallagher, and Shan Wenhua. 5 Monetary Transfer. Oxford University Press, 2009. http://dx.doi.org/10.1093/law:iic/9780199230259.003.005.

Full text

Abstract:

The transfer or repatriation of funds provision in bilateral investment treaties (BITs) is at the heart of the object and purpose of an investment treaty. The main aim of BITs is to encourage investment by investors of one state into the other state. This chapter discusses the types of payments covered in the repatriation provisions in China's BITs. It includes the scope of the clause and whether it covers both outward and inward transfer of funds. It looks at the types of payments that are covered by the transfer provisions and whether it is an illustrative list or an exhaustive one. It then considers the important provision on convertibility and exchange rates, what they mean, and when they are designated. Finally, the chapter looks at provisions typical to China's BIT provisions on transfer of funds, in particular the limitation on monetary transfers to compliance with “domestic laws and regulations.” The chapter also considers briefly the impact of the pending litigation before the ECJ against several member states on the scope of the transfer provisions in some of their BITs (including some with China) entered into before acceding to the EC Treaty.

APA, Harvard, Vancouver, ISO, and other styles

41

Andrea J, Menaker, and Hellbeck Eckhard. Part II Guide to Key Preliminary and Procedural Issues, 9 Piercing the Veil of Confidentiality: The Recent Trend towards Greater Public Participation and Transparency in Investment Treaty Arbitration. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0009.

Full text

Abstract:

Over the past few years, the US, Canada, and the EU have incorporated ‘transparency’ provisions into their investment treaties. Arbitration under those treaties thus will not be confidential, regardless of the arbitral rules governing them. By contrast, Russia’s 2016 regulation for the negotiation of investment treaties expressly provides for confidentiality of arbitration, including the award, unless both parties consent in writing to disclose information. This chapter traces the development of public disclosure and participation in investment arbitration. It is divided into three sections: public access to arbitral documents, third-party written submissions, and public access to arbitration hearings. Each section addresses developments under NAFTA Chapter 11, the evolution of the practice under the International Centre for Settlement of Investment Dispute (ICSID) Arbitration Rules, the approach taken by the new UNCITRAL Rules on Transparency, the status of other arbitration rules, and the practice of certain States as shown in their recent agreements.

APA, Harvard, Vancouver, ISO, and other styles

42

Jeswald W, Salacuse. 11 Treatment of State Obligations (the ‘Umbrella Clause’). Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198703976.003.0011.

Full text

Abstract:

A large number of investment treaties contain provisions, often referred to as ‘umbrella clauses’, that require host states to respect non-treaty commitments and obligations made to foreign investment covered by the treaty. This chapter examines the general nature of umbrella clauses, their historical background, the various forms that they can take, and their application by arbitral tribunals. In view of the unsettled state of the jurisprudence on umbrella clauses, the chapter concludes with a suggested framework of analysis for applying umbrella clauses to specific investments, setting out a number of questions which persons applying umbrella clauses should seek to address.

APA, Harvard, Vancouver, ISO, and other styles

43

Milanka, Kostadinova. Part II Guide to Key Preliminary and Procedural Issues, 6 Aspects of Procedure for Institution of Proceedings and Establishment of Tribunals in Investment Treaty Arbitration. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0006.

Full text

Abstract:

The institution of treaty-based proceedings in a particular forum or under particular set of arbitration rules depends on the consent provisions of the underlying investment treaty. Some 767 arbitration cases have been initiated so far under the total of 3,324 bilateral investment treaties and other international investment agreements signed to date. This chapter provides an overview of the technical and fairly complex procedures for initiating proceedings and constituting tribunals in investment treaty arbitration. It examines the prevalent practices from the perspective of the International Centre for Settlement of Investment Dispute (ICSID) Convention and Rules, and other leading sets of international arbitration rules such as the United Nations Commission on International Trade Law Arbitration Rules, the Rules of Arbitration of the International Chamber of Commerce, and the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce, which are among the non-ICSID Rules more commonly referenced in investment treaties.

APA, Harvard, Vancouver, ISO, and other styles

44

Norah, Gallagher, and Shan Wenhua. 8 Settlement Of Investor–State Disputes. Oxford University Press, 2009. http://dx.doi.org/10.1093/law:iic/9780199230259.003.008.

Full text

Abstract:

The dispute-resolution provisions in bilateral investment treaties (BITs) have become the “ultimate” investor protection in modern investment treaties. This chapter reviews the different types of dispute-resolution provisions of the Chinese BITs. It first looks at the choice of arbitrations made in its treaties, ICSID, ad hoc, or other arbitration rules. It then continues to review the two main types of investor-state dispute-resolution clauses in China's BITs: restrictive—where the BIT permits international arbitration of disputes on the amount of compensation for expropriation only; and more liberal or expansive—which allows access to international arbitration for all disputes between the investor and host state. It then considers a topic of particular interest right now for investors and potential investors in China: the application of the MFN clause to dispute resolution. Finally, it looks at the applicable law to dispute settlement and the requirement to exhaust domestic remedies.

APA, Harvard, Vancouver, ISO, and other styles

45

Georgios, Petrochilos. Part III Guide to Key Jurisdictional Issues, 14 Attribution: State Organs and Entities Exercising Elements of Governmental Authority. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0014.

Full text

Abstract:

This chapter discusses the issue of attribution in investment treaties. Attribution is the legal operation by which the allegedly wrongful deed is connected to the State as the doer. This is a necessary operation, serving as it does the needs of the unitary conception of the State in international law: the conduct of the multitude of persons and entities through whom the State in fact operates must be funnelled through the rules on attribution. The vast majority of investment treaties do not contain special rules of attribution, so they are to be read in the light of general international law in that respect. Arguably, however, exceptions setting forth a lex specialis may be found in the NAFTA Agreement, the Energy Charter Treaty, and certain U.S. bilateral investment treaties which contain provisions in respect of State enterprises and monopolies.

APA, Harvard, Vancouver, ISO, and other styles

46

Broude, Tomer, Yoram Z. Haftel, and Alexander Thompson. Who Cares about Regulatory Space in BITs? A Comparative International Approach. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190697570.003.0024.

Full text

Abstract:

Regulatory space has become one of the buzzwords of the debate on international investment protection law. Critics claim that investment law unduly constrains states’ regulatory space. Proponents contest that claim. This chapter analyzes state sensitivity to constraints on regulatory space from a comparative perspective, on the basis of quantitative analysis of textual coding of investor-state dispute settlement provisions in renegotiated bilateral investment treaties. The chapter is comprised of six sections. Section I is an introduction covering the impact of investor-state dispute settlement on state regulatory space. Section II discusses bilateral treaty-making and comparative international law research. Section III describes the comparative landscape of renegotiated BITs, and Section IV provides a comparative BIT content analysis and SRS. Section V sets forth a comparative empirical analysis of ISDS provisions. Section VI presents conclusions.

APA, Harvard, Vancouver, ISO, and other styles

47

Campbell, McLachlan, Shore Laurence, and Weiniger Matthew. Part III Substantive Rights, 7 Treatment of Investors. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780199676798.003.0007.

Full text

Abstract:

Chapter 7 examines central treaty provisions on the treatment of investors. It begins with a discussion of the basis and character of treatment obligations, paying attention to the rule of law in international investment protection, the structure of investor treatment provisions within investment treaties, the historical evolution of the treatment standards, and the use of general rules in their interpretation. It then considers how the treatment standards have been developed and applied in contemporary arbitral awards. It conducts a detailed analysis of the principal treaty protections of fair and equitable treatment, full protection and security, national treatment, and most-favoured-nation treatment. It concludes by offering an integrated approach to the determination of contested rights.

APA, Harvard, Vancouver, ISO, and other styles

48

Centre on Transnational Corporations (United Nations), ed. Bilateral investment treaties. New York: United Nations, 1988.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

49

Centre on Transnational Corporations (United Nations), ed. Bilateral investment treaties. London: Published in co-operation with the United Nations by Graham & Trotman, 1988.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

50

Interpretation of Investment Treaties. BRILL, 2014.

Find full text

APA, Harvard, Vancouver, ISO, and other styles

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!