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Balancing of Human Rights and Investment Law in the Inter-American System of Human Rights

Pedro Nikken

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0012
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter recalls that the inter-American system of human rights protects property as an individual right. However, the system is not the forum to protect business activity against arbitrary acts ... More


The Fair and Equitable Treatment Standard and Human Rights Norms

Ioana Knoll-Tudor

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0014
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter scrutinizes the possible interactions between human rights and investor-state arbitration focussing on the role that the fair and equitable treatment (FET) standard might play in such ... More


The Impact of Bilateral Investment Treaties on Foreign Direct Investment *

Peter Egger and Michael Pfaffermayr

in The Effect of Treaties on Foreign Direct Investment: Bilateral Investment Treaties, Double Taxation Treaties, and Investment Flows

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195388534
eISBN:
9780199855322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388534.003.0008
Subject:
Law, Public International Law

This chapter conducts an empirical assessment of the impact of BITs on FDI stocks. It estimates several variants of the knowledge-capital model of multinational enterprises (MNEs) using the largest ... More


BIT BY BIT: THE SILENT LIBERALIZATION OF THE CAPITAL ACCOUNT

Michael Waibel

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/9780199571345.003.0026
Subject:
Law, Public International Law, Private International Law

This chapter explores the relationship between free transfer clauses and exchange restrictions. The transfer of funds provision is a common feature of bilateral investment treaties (BITs). The free ... More


The First Bilateral Investment Treaties: U.S. Postwar Friendship, Commerce, and Navigation Treaties

Kenneth J. Vandevelde

Published in print:
2017
Published Online:
April 2017
ISBN:
9780190679576
eISBN:
9780190679606
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190679576.001.0001
Subject:
Law, Public International Law, Legal History

This book is the first (and only) history of the U.S. postwar Friendship, Commerce and Navigation (FCN) treaty program and focuses on the investment-related provisions of those treaties. The 22 U.S. ... More


Introduction

Prabhash Ranjan

in India and Bilateral Investment Treaties: Refusal, Acceptance, Backlash

Published in print:
2019
Published Online:
August 2019
ISBN:
9780199493746
eISBN:
9780199097081
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199493746.003.0001
Subject:
Law, Public International Law

This chapter introduces bilateral investment treaties (BITs) and the debates surrounding BITs and investor–state dispute settlement (ISDS). It examines briefly the origin of BITs; their evolution and ... More


Conclusion: Throw the Bathwater, but Keep the Baby!

Prabhash Ranjan

in India and Bilateral Investment Treaties: Refusal, Acceptance, Backlash

Published in print:
2019
Published Online:
August 2019
ISBN:
9780199493746
eISBN:
9780199097081
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199493746.003.0009
Subject:
Law, Public International Law

The concluding chapter shows that India’s approach towards BITs post 2010 has become protectionist. This protectionist approach towards BITs is divergent from India’s liberal foreign investment ... More


Regulation of Investment Incentives: Instruments at an International/Supranational Level

Lise Johnson

in Rethinking Investment Incentives: Trends and Policy Options

Published in print:
2016
Published Online:
January 2017
ISBN:
9780231172981
eISBN:
9780231541640
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231172981.003.0012
Subject:
Economics and Finance, Financial Economics

This chapter looks at instruments that are used at an international or supra-national level to help govern the use of investment incentives. The chapter looks both at the extent to which those ... More


International Investment Agreements: Investor Protections and Foreign Direct Investment *

Ana Frischtak and Richard Newfarmer

in Handbook of Trade Policy for Development

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199680405
eISBN:
9780191760266
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199680405.003.0024
Subject:
Economics and Finance, Macro- and Monetary Economics, Development, Growth, and Environmental

This chapter reviews the provisions in BITs and PTAs that grant foreign investors greater predictability on the policy framework regulating their investment, enumerates their purported benefits of ... More


The Interlocking World of Global Health Governance: The Tobacco Industry, Bilateral Investment Treaties, and Health Policy

Hadii M. Mamudu

in Law and Global Health: Current Legal Issues Volume 16

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199688999
eISBN:
9780191768118
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199688999.003.0032
Subject:
Law, Medical Law

This chapter examines the role of transnational tobacco companies in the development and spread of bilateral investment treaties (BITs) in order to allow for better future BITs negotiations and ... More


FDI, Industrialization, and Development: Role of Policy

Yilmaz Akyüz

in Playing with Fire: Deepened Financial Integration and Changing Vulnerabilities of the Global South

Published in print:
2017
Published Online:
July 2017
ISBN:
9780198797173
eISBN:
9780191838668
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198797173.003.0007
Subject:
Economics and Finance, Financial Economics, Development, Growth, and Environmental

Superior technology and management skills of transnational corporations (TNCs) can bring significant benefits to EDEs. However, they cannot be expected to pass willingly the competencies that bring ... More


Finding a Workable Balance Between Investor Protection and the Public Interest in the Trans-Pacific Partnership

Chin Leng Lim

in Megaregulation Contested: Global Economic Ordering After TPP

Published in print:
2019
Published Online:
July 2019
ISBN:
9780198825296
eISBN:
9780191864001
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198825296.003.0025
Subject:
Law, Company and Commercial Law

This chapter discusses the apparent isolation of investment rules from mid-20th-century efforts to embed international economic rules within the overall social context of the ‘New Deal’ in the United ... More


Intergovernmental Discussion and Ratification of ICSID

Taylor St John

in The Rise of Investor-State Arbitration: Politics, Law, and Unintended Consequences

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198789918
eISBN:
9780191831553
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198789918.003.0006
Subject:
Political Science, International Relations and Politics

Chapter five analyzes initial state responses to the idea of ICSID. The Bank invited states to send legal experts, even if these individuals were not government officials. Despite their shared ... More


Conversion: America Embraces Investor–State Arbitration

Taylor St John

in The Rise of Investor-State Arbitration: Politics, Law, and Unintended Consequences

Published in print:
2018
Published Online:
April 2018
ISBN:
9780198789918
eISBN:
9780191831553
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198789918.003.0008
Subject:
Political Science, International Relations and Politics

This chapter analyzes the purposes that American officials ascribe to investor–state arbitration in their investment treaties, using internal documents from all pre-NAFTA American investment treaty ... More


Epilogue

Kenneth J. Vandevelde

in The First Bilateral Investment Treaties: U.S. Postwar Friendship, Commerce, and Navigation Treaties

Published in print:
2017
Published Online:
April 2017
ISBN:
9780190679576
eISBN:
9780190679606
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190679576.003.0010
Subject:
Law, Public International Law, Legal History

In 1966, as the last FCN treaty awaited signature, the Senate sought to strengthen the rule of law with respect to investment by giving advice and consent to ratification of the ICSID Convention, ... More


The Court of Justice and International Courts: Jurisdictional and Procedural Issues

Tobias Lock

in The European Court of Justice and International Courts

Published in print:
2015
Published Online:
November 2015
ISBN:
9780199660476
eISBN:
9780191748271
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660476.003.0003
Subject:
Law, Public International Law

This chapter defines the extent of the CJEU’s jurisdiction, depicts potentials for conflict, and proposes ways to resolve them. It demonstrates that the CJEU’s exclusive jurisdiction over EU law is ... More


Investment

Billy A. Melo Araujo

in The EU Deep Trade Agenda: Law and Policy

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198753384
eISBN:
9780191815010
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198753384.003.0005
Subject:
Law, EU Law, Company and Commercial Law

The objective of this chapter is to describe and assess the EU’s attempts to negotiate investment protection and ISDS provisions EU free trade agreements within the context of the wider debate ... More


The Emergence of a New Approach to Investment Protection in South Africa

Sean Woolfrey

in Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198738428
eISBN:
9780191801723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738428.003.0012
Subject:
Law, Public International Law, Environmental and Energy Law

Having undertaken a review of its bilateral investment treaties (BITs) and their impact on domestic policy space, the South African Government has begun terminating these treaties and has indicated ... More


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