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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 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


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


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


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


Attribution in International Investment Law

Carlo de Stefano

in Attribution in International Law and Arbitration

Published in print:
2020
Published Online:
March 2020
ISBN:
9780198844648
eISBN:
9780191880179
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198844648.003.0004
Subject:
Law, Public International Law

Chapter III elucidates the application of attribution rules by international investment tribunals. This chapter is similar in structure to Chapter II, which is a consequence of the proximity of ... 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


Improving the International Investment Law and Policy System: Report of the Rapporteur Second Columbia International Investment Conference: What’s Next in International Investment Law and Policy?

Andrea K. Bjorklund

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/9780199793624.003.0015
Subject:
Law, Public International Law

This chapter argues that the next stage of investment law will be characterized by the embrace of sustainable development and the redress of imbalances, whether real or perceived, in the existing ... More


Sovereignty in Foreign Investment Law

J.E. Vinuales

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/9780199685387.003.0012
Subject:
Law, Company and Commercial Law, Public International Law

This chapter examines the notion of sovereignty in foreign investment law. It first sets out the idea that sovereignty is not a single legal concept but, rather, a mosaic of actionable legal concepts ... More


Analogies and Other Regimes of International Law

Martins Paparinskis

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/9780199685387.003.0004
Subject:
Law, Company and Commercial Law, Public International Law

This chapter presents international investment law as a complex regime that borrows from three other regimes on international law: the law of human rights, the law of treaties regarding third ... More


The Scope and Limits of Trade’s Influence in Shaping the Evolving International Investment Regime

Mark Wu

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/9780199685387.003.0007
Subject:
Law, Company and Commercial Law, Public International Law

This chapter examines the extent to which the international trade regime impacts upon international investment law in four areas: the design and architecture of the investment regime; the patterns of ... More


Diffusion of Norms and its Limits: Socio-Legal Fragmentation, Investment Tribunals, and Human Rights Law

Moshe Hirsch

in Invitation to the Sociology of International Law

Published in print:
2015
Published Online:
December 2015
ISBN:
9780199688111
eISBN:
9780191767456
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199688111.003.0005
Subject:
Law, Public International Law, Legal History

Chapter 5 examines some sociological aspects of international legal fragmentation, and particularly of the interaction between international investment tribunals and human rights law. Informed by ... More


Building Legitimacy Through Interpretation in Investor-State Arbitration: On Consistency, Coherence, and the Identification of Applicable Law

Jürgen Kurtz

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/9780199685387.003.0010
Subject:
Law, Company and Commercial Law, Public International Law

This chapter examines the legitimacy deficit at the core of international investment law. It argues that arbitral adjudication has the potential to alleviate this problem so long as arbitrators are ... More


Coordinating Adjudication Processes

M. Waibel

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/9780199685387.003.0017
Subject:
Law, Company and Commercial Law, Public International Law

This chapter examines the coordination of proceedings within the investment treaty regime. It considers the coordination tasks that arise in international investment law; the interests of investor ... More


International Investment Law: Some Legal Cultural Insights

Colin B. Picker

in Regionalism in International Investment Law

Published in print:
2013
Published Online:
May 2014
ISBN:
9780195389005
eISBN:
9780199332434
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195389005.003.0003
Subject:
Law, Public International Law

Legal cultural analysis can be a very useful methodology for considering legal systems and traditions. This chapter applies that methodological approach to international investment law. It first ... More


The Shortcomings of Traditional Legal Solutions

Elisa Morgera

in Corporate Environmental Accountability in International Law

Published in print:
2020
Published Online:
October 2020
ISBN:
9780198738046
eISBN:
9780191801525
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198738046.003.0002
Subject:
Law, Company and Commercial Law, Public International Law

This chapter discusses the ineffectiveness of national-level control over multinational enterprises—the legal control over a subsidiary of a multinational company by the host State, and the legal ... More


Multilateral Approaches to Investment: The Way Forward

Rainer Geiger

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/9780199793624.003.0012
Subject:
Law, Public International Law

This chapter presents the case for a new multilateral approach to international investment law. It demonstrates the main reasons for moving forward, draws lessons from past failures, and puts forward ... More


From the NIEO to the International Investment Law Regime: The Rise of the Multinational Corporation as a Subject of Regulatory Concern in International Law

Doreen Lustig

in Veiled Power: International Law and the Private Corporation 1886-1981

Published in print:
2020
Published Online:
July 2020
ISBN:
9780198822097
eISBN:
9780191861185
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198822097.003.0007
Subject:
Law, Private International Law

Chapter 7 traces a ‘road not taken’ in the history of regulating global corporations in pursuit of economic democracy, the conditions that led to its failure, and the emergence of the contemporary ... More


The Legal Personality of Individuals in International Economic Law

Astrid Kjeldgaard-Pedersen

in The International Legal Personality of the Individual

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198820376
eISBN:
9780191860294
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198820376.003.0008
Subject:
Law, Public International Law

Under the umbrella of international economic law, Chapter 8 begins in Section 8.1 by examining the relationship between the concept of international legal personality and positive international norms ... More


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