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Investment Treaty Arbitration and Public Law

Gus Van Harten

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552146
eISBN:
9780191711558
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552146.001.0001
Subject:
Law, Public International Law

The recent explosion of investment treaty arbitration marks a major transformation of both international and public law, above all because of the manner in which states have delegated core powers of ... More


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


The Origins, Definition, and Scope of EU Foreign Investment Law

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/9780199698608.003.0002
Subject:
Law, EU Law, Competition Law

Chapter 1 provides the conceptual and normative framework within which this book is developed. It begins with setting out the international law context within which EU foreign investment law is born, ... More


Taxation and Investment: Constitutional Law Limitations on Tax Legislation in Context

Christian Tietje and Karoline Kampermann

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/9780199589104.003.0018
Subject:
Law, Constitutional and Administrative Law, Public International Law

Taxation of foreign investment plays a major role in the relationship between foreign investors and host States. It might be used as an instrument by governments not only to raise revenue but also ... 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


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 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


A Return to the Gay Nineties?

Gus Van Harten

in Investment Treaty Arbitration and Public Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552146
eISBN:
9780191711558
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552146.003.0002
Subject:
Law, Public International Law

This chapter introduces investment law and arbitration by examining the historical conflict between capital-exporting and capital-importing countries over proposals for a multilateral investment ... More


CONTEMPORARY LAW OF FOREIGN INVESTMENT: REVISITING THE STATUS OF INTERNATIONAL LAW

Rudolf Dolzer

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/9780199571345.003.0041
Subject:
Law, Public International Law, Private International Law

This chapter reviews the evolution of the intersection between procedure and substance from a contemporary perspective. For a long time, it was widely considered that the position expressed by the ... 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


From Individual to Community Interest in International Investment Law

Christoph Schreuer and Ursula Kriebaum

in From Bilateralism to Community Interest: Essays in Honour of Bruno Simma

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199588817
eISBN:
9780191725272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588817.003.0067
Subject:
Law, Public International Law

The protections granted to investors by international investment law would seem to epitomize individual interests. In fact, some of the criticism directed at investment law and especially investment ... 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


ICSID’s First Two Decades

Antonio R. Parra

in The History of ICSID

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199660568
eISBN:
9780191743382
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660568.003.0007
Subject:
Law, Public International Law, Legal History

This chapter examines the activities of the International Centre for Settlement of Investment Disputes from 1968 to 1988. It discusses institutional developments, promoting consents to the ... 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


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


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 Sources of Foreign Investment Law

Florian Grisel

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/9780199685387.003.0008
Subject:
Law, Company and Commercial Law, Public International Law

This chapter demonstrates that the traditional sources thesis for international law does not have much explanatory power for the emergence of international investment law. It first identifies the ... More


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