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Do BITs Really Work?: An Evaluation of Bilateral Investment Treaties and their Grand Bargain

Jeswald W. Salacuse and Nicholas P. Sullivan

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/9780195388534.003.0005
Subject:
Law, Public International Law

This chapter assesses whether BITs have achieved their objectives. The first part of the chapter examines the historical movement to form BITs. The second part explores the goals motivating BITs, ... More


Introduction and Summary: ‘Administration of Justice’ in International Investment Law and Adjudication?

Ernst Ulrich Petersmann

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/9780199578184.003.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This introductory chapter summarizes the main conclusions of Parts II to IV and, together with chapters 7 to 12, places them into the broader context of ‘principles of justice’, ‘global ... More


International Investment

E. Philip Davis

in Pension Funds: Retirement-Income Security and Capital Markets: An International Perspective

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198293040
eISBN:
9780191684944
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198293040.003.0010
Subject:
Economics and Finance, Financial Economics, Public and Welfare

Pension funds are associated with various implications of international investment. As the chapter makes an analysis of Table 6.12, it shows that this investment has experienced significant growth ... More


The Framework of Investment Protection: The Content of BITs *

Peter Muchlinski

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/9780195388534.003.0002
Subject:
Law, Public International Law

This chapter presents an overview of the most common provisions found in International Investment Agreements (IIAs), focusing on bilateral investment treaties (BITs), as they represent the most ... More


International Investment Law and Comparative Public Law

Stephan W. Schill (ed.)

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.001.0001
Subject:
Law, Constitutional and Administrative Law, Public International Law

Investment treaty arbitration has a hybrid nature combining public international law (as regards its substance) with elements of international commercial arbitration (as regards procedure). However, ... More


‘Proportional’ by What Measure(s)? Balancing Investor Interests and Human Rights by Way of Applying the Proportionality Principle in Investor-State Arbitration

Jasper Krommendijk and John Morijn

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/9780199578184.003.0018
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter explores the possibility of applying the proportionality principle, which is currently used by the ECtHR in its jurisprudence, in investor-state arbitration and, particularly, in ... More


HARMONIZING INVESTMENT PROTECTION AND INTERNATIONAL HUMAN RIGHTS: FIRST STEPS TOWARDS A METHODOLOGY

Bruno Simma and Theodore Kill

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/9780199571345.003.0036
Subject:
Law, Public International Law, Private International Law

Under customary principles of treaty interpretation, tribunals routinely resort to rules of international law whose normative validity is grounded in a source outside of the treaty that is the ... More


The Multilateral Investment System and Multinational Enterprises

Thomas L. Brewer and Stephen Young

Published in print:
1998
Published Online:
October 2011
ISBN:
9780198293156
eISBN:
9780191684951
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198293156.001.0001
Subject:
Business and Management, International Business, Political Economy

The multinational enterprise has been one of the foremost economic, political, and social influences in the world economy for many decades. As its role and influence have grown, so has the regime of ... More


Property Protection and Protection of Cultural Heritage

Federico Lenzerini

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0017
Subject:
Law, Constitutional and Administrative Law, Public International Law

In contemporary international law, the tension between the public interest in safeguarding cultural heritage and private property rights — including investors' rights — is often hard to settle, as ... More


Conclusion and Content of EU International Investment Agreements

Angelos Dimopoulos

in EU Foreign Investment Law

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199698608
eISBN:
9780191732140
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698608.003.0004
Subject:
Law, EU Law, Competition Law

Chapter 3 is dedicated to the exercise of EU competence in practice. The first part provides a depiction of the internal procedures for the conclusion of an International Investment Agreement (IIA) ... More


Discrimination on the Basis of Nationality: Determining Likeness in Human Rights and Investment Law

Freya Baetens

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0009
Subject:
Law, Constitutional and Administrative Law, Public International Law

When comparing nationality-based discrimination prohibitions in human rights and investment law, the question arises whether human rights jurisprudence could be instructive for interpretations of the ... More


Environmental Rights, Sustainable Development, and Investor-State Case Law: A Critical Appraisal

Riccardo Pavoni

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/9780199578184.003.0022
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the increasing number of international investment disputes where issues relating to environmental rights, sustainable development and foreign investment protection were ... More


The Merits and Limits of Comparativism: National Treatment in International Investment Law and the WTO

Jürgen Kurtz

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0008
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter critically examines cross-fertilization of jurisprudence across the shared obligation of national treatment in WTO law and investment treaties. It focuses on the methodological tendency ... More


Multinational Enterprises and Foreign Direct Investment Policy: Theory and Issues

Thomas L. Brewer and Stephen Young

in The Multilateral Investment System and Multinational Enterprises

Published in print:
1998
Published Online:
October 2011
ISBN:
9780198293156
eISBN:
9780191684951
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198293156.003.0002
Subject:
Business and Management, International Business, Political Economy

The multinational enterprise is an enterprise which owns, controls, and manages value-adding activities in more than one country. It engages in production and/or service activities across national ... More


Global Banking

Roy C. Smith, Ingo Walter, and Gayle DeLong

Published in print:
2012
Published Online:
May 2012
ISBN:
9780195335934
eISBN:
9780199932146
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195335934.001.0001
Subject:
Economics and Finance, Economic Systems

Few sectors of the global economy have experienced the dynamic and structural change that has occurred over the past several decades in banking and financial services, or as much turbulence and ... More


Human Rights and International Investment Arbitration

Reiner Clara and Schreuer Christoph

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/9780199578184.003.0004
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter discusses the role of human rights in international investment arbitration, focusing on issues such as jurisdiction, applicable law, and invocation of human rights during proceedings. It ... More


Non-Discriminatory Treatment in Investment Disputes

Federico Ortino

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/9780199578184.003.0015
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter analyzes the principle of non-discrimination on the basis of the nationality of the investor as one of the key legal guarantees provided to foreign investors by international investment ... More


What Do Developing Countries Expect from the International Investment Regime?

Roberto Echandi

in The Evolving International Investment Regime: Expectations, Realities, Options

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199793624
eISBN:
9780199895205
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199793624.003.0003
Subject:
Law, Public International Law

This chapter argues that in a “globalized” international economy and in a generally increasingly interdependent world, it is in the best interest of developing countries to have a rule-oriented ... More


Human Rights in International Investment Law and Arbitration

Pierre-Marie Dupuy, Ernst-Ulrich Petersmann, and Francesco Francioni (eds)

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

The book offers a systematic analysis of the interaction between international investment law, investment arbitration, and human rights, such as the role of national and international courts, ... More


Compensation and Restitution in Investor-State Arbitration: Principles and Practice

Borzu Sabahi

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199601189
eISBN:
9780191729201
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199601189.001.0001
Subject:
Law, Public International Law, Company and Commercial Law

This book presents a detailed study on compensation and restitution in investor state arbitration pursuant to investment treaties. The study begins by examining the historical roots of the principles ... More


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