State Immunity and International Investment Law, Meng
Автор: Meng Название: State Immunity and International Investment Law ISBN: 9811927782 ISBN-13(EAN): 9789811927782 Издательство: Springer Рейтинг: Цена: 15855.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The book provides a sophisticated analysis of state immunity from an enforcement perspective.
1. Investment Dispute Settlement and the Position of State-to-State Arbitration in Investment Law.- 2. Framework for State-to-State Arbitration under the Compromissory Clause in an IIA.- 3. Utilisation of State-to-State Arbitration Based on the Compromissory Clause in Practice.- 4. Resolution of Procedural Hurdles in Utilising State-to-State Arbitration under IIAs.- 5. Coexistence of State-to-State Arbitration under IIAs with other Forums of Dispute Resolution and Treaty Interpretation.- 6. Additional Suggestions for Developing State-to-State Arbitration as an Effective Means of Dispute Resolution.- 7. Conclusion.
Описание: This book provides a comprehensive analysis of how EU state aid law is shaping the future of EU investment policy in a global context. It examines in detail how EU state aid policy and practice interact with the EU investment regime on the internal market and affect the external trade relations of the Member States and the EU alike. The debate this book engages in concerns competence, i.e., which body delineates the scope of state aid law and policy (now and in the future) when and where it intersects and collides with another distinct legal field: investment protection. Pursuing a doctrinal approach to the topic in the light of EU law and international law, the book analyses the interaction of the EU’s trade, state aid and investment policy. This is done by posing the following research question: How is EU state aid law shaping the future of EU investment policy in a global context? Further, the book puts forward three corresponding arguments. First, this influence can be seen in the EU’s incorporation of clauses promoting fair competition and state aid policy in international trade agreements. Second, EU state aid law and policy contributed to recent internal developments which led the Member States to terminate their bilateral agreements with each other (intra-EU BITs) by the end of 2019. Third, the EU has been working to replace the BITs between its Member States and third countries (extra-EU BITs) with its own trade agreements, which are aligned with EU legislation. This combined analysis of EU law and international law yields a number of interesting conclusions. The book addresses a highly topical and rapidly evolving area of EU law and international investment law. It is also the first book to provide a comprehensive approach to the interplay of state aid rules and EU investment policy internally and externally, i.e., within the EU and on a global scale. As such, it closes an important gap in the extant literature on international and EU law.
Автор: Anastasios Gourgourinis, Georgios Dimitropoulos, Panagiotis Delimatsis Название: State Capitalism and International Investment Law ISBN: 1509963014 ISBN-13(EAN): 9781509963010 Издательство: Bloomsbury Academic Рейтинг: Цена: 9634.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores how State capitalism affects and reshapes international investment law. It sheds new light on the various ways States actively influence business and commercial activity globally by using sovereign investors such as state-owned enterprises and sovereign wealth funds or pension funds. With a diverse group of contributors from a broad range of countries, the book offers a fresh and timely look into the fundamentals of State capitalism, focusing in particular on its actors and processes, the contextual elements that surround it, and the new political economy that comes with it. The book is essential reading for researchers, regulators, policy makers, and practitioners interested in the different ways State capitalism challenges and changes international investment law. As geopolitical considerations increasingly affect global economic activity, delving into the intricacies of State capitalism has never been more timely.
Автор: Henckels Название: Proportionality and Deference in Investor-State Arbitration ISBN: 1107087902 ISBN-13(EAN): 9781107087903 Издательство: Cambridge Academ Рейтинг: Цена: 16474.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Investment treaty arbitration urgently requires a certain and consistent way of deciding regulatory disputes that pays due respect to the competing imperatives of investment protection and regulatory autonomy. Caroline Henckels argues that in such cases investment tribunals should employ proportionality analysis in combination with an institutionally sensitive standard of review.
Описание: This book considers the potential setup for a future Multilateral Investment Court (MIC). In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC.
Описание: Investment treaty arbitration urgently requires a certain and consistent way of deciding regulatory disputes that pays due respect to the competing imperatives of investment protection and regulatory autonomy. Caroline Henckels argues that in such cases investment tribunals should employ proportionality analysis in combination with an institutionally sensitive standard of review.
Автор: Anastasios Gourgourinis, Georgios Dimitropoulos, Panagiotis Delimatsis Название: State Capitalism and International Investment Law ISBN: 1509962972 ISBN-13(EAN): 9781509962976 Издательство: Bloomsbury Academic Рейтинг: Цена: 18308.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book explores how State capitalism affects and reshapes international investment law. It sheds new light on the various ways States actively influence business and commercial activity globally by using sovereign investors such as state-owned enterprises and sovereign wealth funds or pension funds. With a diverse group of contributors from a broad range of countries, the book offers a fresh and timely look into the fundamentals of State capitalism, focusing in particular on its actors and processes, the contextual elements that surround it, and the new political economy that comes with it. The book is essential reading for researchers, regulators, policy makers, and practitioners interested in the different ways State capitalism challenges and changes international investment law. As geopolitical considerations increasingly affect global economic activity, delving into the intricacies of State capitalism has never been more timely.
Описание: This open access book considers the potential setup for a future Multilateral Investment Court (MIC). In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC.
Описание: Chapter 1: Introduction: Judging the State in International Trade and Investment Law: Why, How and What for?.- PART I: International Trade: The WTO and Beyond.- Chapter 2. Judging the Judges or Judging the Members? Pathways and Pitfalls in the Appellate Body Appointment Process (by Arthur E. Appleton).- Chapter 3. WTO, State and Legal Capacity Building: An Indian Narrative (by James J. Nedumpara).- Chapter 4. States' Regulatory Autonomy to Protect Societal Values through Legitimate Regulatory Distinctions: Finding the balance in the WTO Agreement on Technical Barriers to Trade through Adjudication (by Denise Prйvost).- PART II: Investment Litigation at a Crossroad.- Chapter 5. Investor-State Arbitration Distorted - When the Claimant is a State (by Julien Chaisse and Dini Sejko).- Chapter 6. Protecting States under Asian Multilateral Investment Treaties Claims, Counterclaims and Interim Relief Measures (by Rahul Donde and Trisha Mitra).- Chapter 7. Determination of Indirect Expropriation and Doctrine of Police Power in International Investment Law: A Critical Appraisal (Prabhash Ranjan and Pushkar Anand).- PART III: International Law's Local Experiments and Global Challenges.- Chapter 8.Role of Indian Judiciary in the Realm of International Trade and Investment Law (Amal K. Ganguli).- Chapter 9. Human Rights in International Investment Disputes - Global Litigation as International Law Re-unifier (Leпla Choukroune).- Chapter 10. Conclusion: Sovereignty Modern.
Описание: This book explores the inherent potential to reflect the responsibility of foreign investors in the existing investor-state dispute settlement (ISDS) mechanism, providing guidance on what can be done in the current mechanism to advance responsible investment. It also reveals its limitations that should inform the ongoing ISDS reform discussions.
Описание: This book provides a comprehensive analysis of how EU state aid law is shaping the future of EU investment policy in a global context. It examines in detail how EU state aid policy and practice interact with the EU investment regime on the internal market and affect the external trade relations of the Member States and the EU alike. The debate this book engages in concerns competence, i.e., which body delineates the scope of state aid law and policy (now and in the future) when and where it intersects and collides with another distinct legal field: investment protection. Pursuing a doctrinal approach to the topic in the light of EU law and international law, the book analyses the interaction of the EU’s trade, state aid and investment policy. This is done by posing the following research question: How is EU state aid law shaping the future of EU investment policy in a global context? Further, the book puts forward three corresponding arguments. First, this influence can be seen in the EU’s incorporation of clauses promoting fair competition and state aid policy in international trade agreements. Second, EU state aid law and policy contributed to recent internal developments which led the Member States to terminate their bilateral agreements with each other (intra-EU BITs) by the end of 2019. Third, the EU has been working to replace the BITs between its Member States and third countries (extra-EU BITs) with its own trade agreements, which are aligned with EU legislation. This combined analysis of EU law and international law yields a number of interesting conclusions. The book addresses a highly topical and rapidly evolving area of EU law and international investment law. It is also the first book to provide a comprehensive approach to the interplay of state aid rules and EU investment policy internally and externally, i.e., within the EU and on a global scale. As such, it closes an important gap in the extant literature on international and EU law.
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