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Economic Emergency Powers: A Comparative Law Perspective

Christina Binder and August Reinisch

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/9780199589104.003.0016
Subject:
Law, Constitutional and Administrative Law, Public International Law

The jurisprudence of investment tribunals in cases brought against Argentina in the context of the country's 2001/02 economic crisis show the potential and limits of the necessity defence as codified ... More


Balancing States' and Investors' Conduct: Calculation of Compensation

Ioana Tudor

in The Fair and Equitable Treatment Standard in the International Law of Foreign Investment

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199235063
eISBN:
9780191715785
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199235063.003.0008
Subject:
Law, Public International Law

This chapter concentrates on the calculation of the compensation in the event of a breach of the FET standard from the perspective of the exterior elements that may be taken into account, namely the ... More


Interest as Non-Law

Alexander Orakhelashvili

in The Interpretation of Acts and Rules in Public International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546220
eISBN:
9780191720000
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546220.003.0007
Subject:
Law, Public International Law

This chapter examines doctrinal and practical aspects of relationship between law and interest. There are two principal dimensions: how interest may prompt new legal regulation, and how interest can ... More


Limitations on Compensation

Borzu Sabahi

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

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199601189
eISBN:
9780191729201
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199601189.003.0007
Subject:
Law, Public International Law, Company and Commercial Law

This chapter discusses various principles that may limit the amount of compensation that an investor may recover. Causation is examined, focusing particularly on legal causation. The effects of the ... More


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