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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


THE CANADIAN APPROACH TO INVESTMENT PROTECTION: HOW FAR WE HAVE COME!

L. Yves Fortier

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/9780199571345.003.0028
Subject:
Law, Public International Law, Private International Law

This chapter has two main objectives. The first is to provide an overview of the evolution of Canada's approach to investment protection, with particular focus on dispute settlement. The second ... More


The Principles and Objectives 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/9780199698608.003.0005
Subject:
Law, EU Law, Competition Law

Chapter 4 offers a legal assessment of the orientation of EU foreign investment law. It identifies and analyzes the principles and objectives that determine the exercise of EU competence in the field ... 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


LOCAL REMEDIES AND THE STANDARDS FOR THE PROTECTION OF FOREIGN INVESTMENT

Ursula Kriebaum

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/9780199571345.003.0023
Subject:
Law, Public International Law, Private International Law

This chapter examines the alleged requirement to resort to local remedies before a violation of a substantive standard of international investment law can be diagnosed, despite a waiver of the ... More


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

Christina Binder, Ursula Kriebaum, August Reinisch, and Stephan Wittich (eds)

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199571345
eISBN:
9780191705472
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571345.001.0001
Subject:
Law, Public International Law, Private International Law

International investment law has become increasingly prominent in the international legal order, spurred on by the explosion of Bilateral Investment Treaties between States and a sharp rise in ... More


Expansion: Multilateral Regional, and Sectoral Developments (Late 1990s)

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/9780198293156.003.0007
Subject:
Business and Management, International Business, Political Economy

This chapter discusses the expansion of the international investment regime and the new agreements that were added to the already existing array of bilateral, regional, and multilateral agreements. ... More


Admission and Establishment in the Context of Investment Protection *

Anna Joubin-Bret

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/9780199547432.003.0002
Subject:
Law, Public International Law

This chapter examines the issues of admission and establishment in the context of international investment protection. It explores the link between the admission and entry of investors and the ... More


Standards of Investment Protection

August Reinisch (ed.)

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199547432
eISBN:
9780191701467
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199547432.001.0001
Subject:
Law, Public International Law

This book examines the standards of treatment demanded by host states, which form the basis of contemporary international investment protection. It analyses the core standards commonly contained in ... More


INVESTMENTS ‘IN THE TERRITORY’ OF THE HOST STATE

Christina Knahr

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/9780199571345.003.0005
Subject:
Law, Public International Law, Private International Law

Many bilateral as well as multilateral investment treaties contain in their provisions on the definition of investment a requirement that the investment has to be made in the territory of the host ... More


Full Protection and Security

Cordero Moss Giuditta

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/9780199547432.003.0007
Subject:
Law, Public International Law

This chapter examines recent investment arbitration practice related to the standard of investment protection known as full protection and security. Full protection and security traditionally enjoyed ... More


MFN CLAUSES AND DISPUTE RESOLUTION IN INVESTMENT TREATIES: HAVE WE REACHED THE END OF THE ROAD?

Kaj Hobér

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/9780199571345.003.0004
Subject:
Law, Public International Law, Private International Law

This chapter focuses on the role of the most-favoured-nation (MFN) clause in the BIT. It considers the RosInvest decision, which is believed to be the first case where an arbitral tribunal has ... More


Development of the International Minimum Standard (1940s–)

Martins Paparinskis

in The International Minimum Standard and Fair and Equitable Treatment

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199694501
eISBN:
9780191741272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694501.003.0003
Subject:
Law, Public International Law

This chapter addresses the post-Second World War development of the international minimum standard that took place in a markedly different substantive and procedural context from the earlier ... More


The Legal Framework for Investment Protection between the European Union and Korea: Towards a Level Playing Field for Investors?

James Harrison

in The European Union and South Korea: The Legal Framework for Strengthening Trade, Economic and Political Relations

Published in print:
2013
Published Online:
September 2013
ISBN:
9780748668601
eISBN:
9780748684335
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748668601.003.0007
Subject:
Political Science, International Relations and Politics

Investment has traditionally been regulated at the international level through bilateral investment treaties (BITs). Therefore, individual EU Member States have concluded their own BITs with third ... More


DO UMBRELLA CLAUSES APPLY TO UNILATERAL UNDERTAKINGS?

María Cristina Gritón Salias

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/9780199571345.003.0025
Subject:
Law, Public International Law, Private International Law

This chapter shows that tribunals overwhelmingly accept the application of umbrella clauses to obligations assumed unilaterally by host States. It follows that, where a treaty for the protection of ... More


All Clear on the Investment Front: A Plea for a Restatement

Petros C. Mavroidis

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/9780199793624.003.0008
Subject:
Law, Public International Law

This chapter argues that the discussion on trade and investment will not take off unless we first put together all the pieces of the jigsaw puzzle. Both the discussion in the Organization for ... 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


Introduction

Martins Paparinskis

in The International Minimum Standard and Fair and Equitable Treatment

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199694501
eISBN:
9780191741272
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694501.003.0011
Subject:
Law, Public International Law

This chapter explains the importance of the issues addressed in the book and outlines the structure of the argument. The relationship between international minimum standard and fair and equitable ... More


Introduction: Interrelationship of Standards

Christoph Schreuer

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/9780199547432.003.0001
Subject:
Law, Public International Law

This introductory chapter explains the coverage of this book, which is about the standards for protection of international investment. This book examines the interrelationships among different ... More


Foreign Investment: Property, Contract, and Protecting Private Power

John Linarelli, Margot E Salomon, and Muthucumaraswamy Sornarajah

in The Misery of International Law: Confrontations with Injustice in the Global Economy

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198753957
eISBN:
9780191815812
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198753957.003.0005
Subject:
Law, Public International Law

This chapter critiques the international law on foreign investment as not properly reflecting considerations of justice and too focused on fallacious notions of improving economic conditions in ... More


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