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Rational Design or Accidental Evolution? The Emergence of International Investment Law

Joost Pauwelyn

in The Foundations of International Investment Law: Bringing Theory into Practice

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199685387
eISBN:
9780191765612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685387.003.0002
Subject:
Law, Company and Commercial Law, Public International Law

This chapter discusses the emergence of modern international investment law (IIL). It identifies three unique features: its decentralized composition; organic emergence; and the fact that it is ... More


The Foundations of International Investment Law: Bringing Theory into Practice

Zachary Douglas, Joost Pauwelyn, and Jorge E. Viñuales (eds)

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199685387
eISBN:
9780191765612
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685387.001.0001
Subject:
Law, Company and Commercial Law, Public International Law

International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral ... More


The Deal with BITs: What the Parties Thought They Would Get, What They Thought They Were Giving Up to Get It, and What They Got

O Thomas Johnson

in Practising Virtue: Inside International Arbitration

Published in print:
2015
Published Online:
January 2016
ISBN:
9780198739807
eISBN:
9780191802775
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198739807.003.0033
Subject:
Law, Public International Law, Company and Commercial Law

This chapter first considers what developing and developed countries thought they were getting, and what they thought they were giving, when they entered into bilateral investment treaties (BITs). It ... More


Protecting Chinese Investment Under the Investor–state Dispute Settlement Regime: A Review in Light of Ping An v Belgium

Claire Wilson

in China's International Investment Strategy: Bilateral, Regional, and Global Law and Policy

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198827450
eISBN:
9780191866319
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198827450.003.0026
Subject:
Law, Public International Law, Company and Commercial Law

The case of Ping An v Kingdom of Belgium is a significant addition to investor–state dispute settlement (ISDS) jurisprudence. It concerns the first mainland Chinese company to file a claim with the ... More


Proportionality and NPM Clauses: Article XI of the Argentina–US BIT

Gebhard Bücheler

in Proportionality in Investor-State Arbitration

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198724339
eISBN:
9780191792045
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198724339.003.0007
Subject:
Law, Public International Law, Company and Commercial Law

This chapter addresses one of the most effective means for States to ensure they are not liable to foreign investors when they adopt (proportionate) measures in furtherance of governmental goals in ... More


Babel and BITs: Divergence Analysis and Authentication in the Unusual Decision of

Mahnoush H Arsanjani and W Michael Reisman

in Practising Virtue: Inside International Arbitration

Published in print:
2015
Published Online:
January 2016
ISBN:
9780198739807
eISBN:
9780191802775
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198739807.003.0026
Subject:
Law, Public International Law, Company and Commercial Law

This chapter explores the varied interpretive approaches of international courts and tribunals when faced with different language versions of treaties that are amenable to different, and often ... More


Of Wit, Wisdom, and Balance in International Law: Reflections on the Tokyo Resolution of the Institut de Droit International

Pierre-Marie Dupuy and Julie Maupin

in Practising Virtue: Inside International Arbitration

Published in print:
2015
Published Online:
January 2016
ISBN:
9780198739807
eISBN:
9780191802775
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198739807.003.0043
Subject:
Law, Public International Law, Company and Commercial Law

This chapter deals with the Tokyo Resolution of the Institut de droit international (IDI) on the ‘Legal Aspects of Recourse to Arbitration by an Investor against the Authorities of the Host State ... More


China’s Inward Investment: Approach and Impact

Michael J Enrigh

in China's International Investment Strategy: Bilateral, Regional, and Global Law and Policy

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198827450
eISBN:
9780191866319
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198827450.003.0002
Subject:
Law, Public International Law, Company and Commercial Law

One of the most important components in China’s economic reform programme has been the economy’s gradual opening to inward foreign direct investment (IFDI) and foreign invested enterprises (FIEs). ... More


Issues on SOEs in BITs: The (Complex) Case of the Sino–US BIT Negotiations

Xinquan Tu, Na Sun, and Zhen Dai

in China's International Investment Strategy: Bilateral, Regional, and Global Law and Policy

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198827450
eISBN:
9780191866319
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198827450.003.0011
Subject:
Law, Public International Law, Company and Commercial Law

The issue on state-owned enterprises (SOEs) has never gone away once China began sitting around the negotiating table, especially with the United States. Sixteen years ago, when China was expecting ... More


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