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CHANGED CIRCUMSTANCES IN INVESTMENT LAW: INTERFACES BETWEEN THE LAW OF TREATIES AND THE LAW OF STATE RESPONSIBILITY WITH A SPECIAL FOCUS ON THE ARGENTINE CRISIS

Christina Binder

in International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199571345
eISBN:
9780191705472
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571345.003.0032
Subject:
Law, Public International Law, Private International Law

This chapter focuses on changed circumstances in investment law with a special focus on necessity. Section B first deals with the diverging findings of the different investment tribunals with respect ... More


The Primary Applicability of National Law and the Role of International Law

Hege Elisabeth Kjos

in Applicable Law in Investor-State Arbitration: The Interplay Between National and International Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199656950
eISBN:
9780191746291
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199656950.003.0005
Subject:
Law, Public International Law

This chapter discusses the three factors that may lead to the primary application of national law: an agreement by the disputing parties to apply national law; considerations of host state ... More


Legality of Expropriations

August Reinisch

in Standards of Investment Protection

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199547432
eISBN:
9780191701467
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199547432.003.0009
Subject:
Law, Public International Law

This chapter examines the general international law on the legality of expropriation. It analyses the relevant case law of investment tribunals in order to ascertain the relevant criteria for ... More


International Investment Agreements

Bradly J. Condon and Tapen Sinha

in The Role of Climate Change in Global Economic Governance

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199654550
eISBN:
9780191747953
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199654550.003.0004
Subject:
Law, Environmental and Energy Law, Public International Law

This chapter analyses the limits that international investment agreements (IIAs) place on climate change measures and considers the consequences of these measures for attracting foreign investment. ... More


Of Precedents and Ideology: Lawmaking by Investment Arbitration Tribunals

René Urueña

in Critical International Law: Postrealism, Postcolonialism, and Transnationalism

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199450633
eISBN:
9780199084562
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199450633.003.0011
Subject:
Law, Public International Law

This chapter engages with the issue of precedent-formation and lawmaking by investment arbitration tribunals. International adjudication follows the Civil Law tradition according to which a court’s ... More


Standard of Review and Scientific Evidence in WTO Law and International Investment Arbitration: Converging Parallels?

Valentina Vadi

Lukasz Gruszczynski (ed.)

in Deference in International Courts and Tribunals: Standard of Review and Margin of Appreciation

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198716945
eISBN:
9780191785627
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716945.003.0009
Subject:
Law, Public International Law, Comparative Law

The chapter compares the standards of review applied by WTO panels and investment tribunals in assessing national measures that are based on prior complex factual determinations of a scientific ... More


Sovereign Choices and Sovereign Constraints: Judicial Restraint in Investment Treaty Arbitration

Gus Van Harten

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199678648
eISBN:
9780191757990
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678648.001.0001
Subject:
Law, Public International Law

Investment arbitrators rely on sovereignty for their legal status just as investor-state disputes usually stem from disagreements about the role of the state in society. As a result, investment ... More


Due Diligence in International Investment Law: From the Law of Aliens to Responsible Investment

Aniruddha Rajput

in Due Diligence in the International Legal Order

Published in print:
2020
Published Online:
February 2021
ISBN:
9780198869900
eISBN:
9780191912771
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198869900.003.0016
Subject:
Law, Company and Commercial Law, Public International Law

This chapter analyses the prominent role of due diligence in international investment law. It points out that due diligence was relevant in this field as an element of customary law norms requiring ... More


At What Time Must Jurisdiction Exist?

Christoph Schreuer

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/9780198739807.003.0016
Subject:
Law, Public International Law, Company and Commercial Law

This chapter deals with inter-temporal questions concerning jurisdiction in international dispute settlement. Drawing on the practice of the International Court of Justice, the Permanent Court of ... More


Peru’s ‘Intercultural Law’ Proposal: Promoting Ethnic Diversity in the Administration of Justice

Clara María López Rodríguez

in Identity and Diversity on the International Bench: Who is the Judge?

Published in print:
2020
Published Online:
January 2021
ISBN:
9780198870753
eISBN:
9780191913365
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198870753.003.0025
Subject:
Law, Public International Law, Comparative Law

This chapter critically analyses the role of indigenous peoples in international decision-making focusing on two areas of international law: human rights law as adjudicated by the Inter-American ... More


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