SOVEREIGN CHOICES AND SOVEREIGN CONSTRAINTS JUDICIAL RESTRAINT IN INVESTMENT TREATY ARBITRATION

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Sovereign Choices And Sovereign Constraints

Author : Gus Van Harten
ISBN : 9780199678648
Genre : Law
File Size : 76.40 MB
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The role of investment arbitration is a controversial issue, as it is increasingly seen as a system in which private arbitrators adjudicate on the public law decisions of states. This book provides an empirical study of the function of investment arbitration, how it is impacting on international law, and the ways in which it is in need of reform.
Category: Law

Substantive Protection Under Investment Treaties

Author : Jonathan Bonnitcha
ISBN : 9781316061312
Genre : Law
File Size : 70.24 MB
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Substantive Protection under Investment Treaties provides the first systematic analysis of the consequences of the substantive protections that investment treaties provide to foreign investors. It proposes a new framework for identifying and evaluating the costs and benefits of differing levels of investment treaty protection, and uses this framework to evaluate the levels of protection for foreign investors implied by different interpretations of the fair and equitable treatment and indirect expropriation provisions of investment treaties. The author examines the arguments and assumptions of both supporters and critics of investment treaties, seeks to test whether they are coherent and borne out by evidence, and concludes that the 'economic' justifications for investment treaty protections are much weaker than is generally assumed. As such, the 'economic' objectives of investment treaties are not necessarily in tension with other 'non-economic' objectives. These findings have important implications for the drafting and interpretation of investment treaties.
Category: Law

Long Walk To Freedom

Author : Nelson Mandela
ISBN : 0759521042
Genre : Biography & Autobiography
File Size : 22.59 MB
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The book that inspired the major new motion picture Mandela: Long Walk to Freedom. Nelson Mandela is one of the great moral and political leaders of our time: an international hero whose lifelong dedication to the fight against racial oppression in South Africa won him the Nobel Peace Prize and the presidency of his country. Since his triumphant release in 1990 from more than a quarter-century of imprisonment, Mandela has been at the center of the most compelling and inspiring political drama in the world. As president of the African National Congress and head of South Africa's antiapartheid movement, he was instrumental in moving the nation toward multiracial government and majority rule. He is revered everywhere as a vital force in the fight for human rights and racial equality. LONG WALK TO FREEDOM is his moving and exhilarating autobiography, destined to take its place among the finest memoirs of history's greatest figures. Here for the first time, Nelson Rolihlahla Mandela tells the extraordinary story of his life--an epic of struggle, setback, renewed hope, and ultimate triumph.
Category: Biography & Autobiography

Investment Treaty Arbitration And Public Law

Author : Gus Van Harten
ISBN : 0199552142
Genre : Business & Economics
File Size : 57.12 MB
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The recent explosion of investment treaty arbitration marks a revolutionary change in both international and public law, above all because it demonstrates how states have unwittingly privatized key powers of the courts in public law. This book outlines investment treaty arbitration as a public law system, by precisely demonstrating the significance of giving arbitrators comprehensive jurisdiction to decide regulatory disputes between business and state. In doing so, it exposes some startling consequences of transplanting rules of commercial arbitration into the regulatory sphere. First, private arbitrators can award compensation to investors in ways that go well beyond domestic systems of state liability in public law. Second, these awards can be enforced in as many as 165 countries, making them more widely enforceable than other judicial decisions in public law. Third, public law can be interpreted in private as a matter of course, without any appeal to a court to correct errors of law. The conflict between private arbitration and public law poses a serious challenge to open and accountable judging. But the critical flaw of the system - hitherto neglected - is its threat to judicial independence based on security of tenure. Under investment treaties, business claims against the state are decided by privately-contracted adjudicators, who win appointments only as more claims are brought. Thus, as the book explains, the 'judge' has a financial stake in how public law is interpreted and in the outcome of the dispute. While it is laudable to use international adjudication to resolve controversial disputes, the benefits of a global economy are no excuse for corrupting our historic tradition of independent courts.
Category: Business & Economics

The Political Economy Of The Investment Treaty Regime

Author : Jonathan Bonnitcha
ISBN : 9780192529831
Genre : Business & Economics
File Size : 46.35 MB
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Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in international investment arbitration is growing and some developed and developing countries are beginning to revisit their investment treaty policies. The Political Economy of the Investment Treaty Regime synthesises and advances the growing literature on this subject by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, it asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment? Through a concise, but comprehensive, analysis, this book fills in some of the many "blind spots" of academics from different disciplines, and is the first port of call for lawyers, investors, policy-makers, and stakeholders trying to make sense of these critical instruments governing investor-state relations.
Category: Business & Economics

The International Law Of Investment Claims

Author : Zachary Douglas
ISBN : 9780521855679
Genre : Law
File Size : 55.52 MB
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This book is a codification of the principles and rules relating to the prosecution of investment claims.
Category: Law

Sold Down The Yangtze

Author : Angus Van Harten
ISBN : 9781459410732
Genre : Political Science
File Size : 76.57 MB
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When legal experts finally saw the terms of the investment deal Canada had signed with China, they could hardly believe what their eyes. The deal was unprecedented -- Canada had never given so much away to a trading partner. But Ottawa did not allow a full public review, and ultimately ratified the deal in 2014 with no changes. And the government moved forward with other trade deals that contain many of the same flaws. In this book, investment treaty expert Gus Van Harten offers the first-ever independent take on the details of the China-Canada investment deal and what it means for Canadians. Many of the deal's provisions are so extreme that readers may find it almost impossible to believe that the Canadian government agreed to them. He explains how this agreement, and others like it, give multinational corporations and rich investors superpowers over governments. Secretive courts staffed by private lawyers, not judges, are able to order governments to pay these investors billions for policies and decisions they object to. In simple language and easy to follow analysis, Van Harten offers a window into this secretive and obscure world. He documents the many ways Canadians lose out in the China-Canada deal, and how taxpayers may find themselves footing the bill for billions of dollars to Chinese investors who object to the actions of democratically-elected municipal, provincial and federal governments. This deal -- in place for a minimum 15 years -- includes terms that may well turn up in other trade and investment agreements. Gus Van Harten offers practical steps for a better, more informed public debate on this vital topic.
Category: Political Science

International Investment Law And Comparative Public Law

Author : Stephan W. Schill
ISBN : 9780199589104
Genre : Law
File Size : 35.55 MB
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Investment treaty arbitration has a hybrid nature combining public international law (as regards its substance) with elements of international commercial arbitration (mainly as regards procedure). However, in essence and function it deals with a special, internationalised form of judicial review of governmental conduct that is more akin to the judicial control of governmental action provided for by national administrative and constitutional law than to either classic inter-state dispute resolution or international commercial arbitration. This has been recognised in some academic writing and several awards, where reference to national administrative law concepts and principles of international law-based judicial review of governmental action, such as international trade or human rights law, is used to help specify and apply the open-ended concepts of investment treaties. In-depth conceptualization is however often lacking. The current study is the first, pioneering effort to bring these under-developed ad hoc references to comparative and international administrative law concepts into a deeper theoretic and systematic framework. The book thus intends to develop a 'bridge' between treaty-based international investment arbitration and comparative administrative law on both a theoretical and practical level. The major obligations in investment treaties (indirect expropriation, fair and equitable treatment, national treatment, umbrella/sanctity of contract clause) and major procedural principles will be compared with their counterpart in comparative public law, both on the domestic as well as international level. That 'bridge' will allow international investment law to benefit from the comparative public law experience, which could enhance its legitimacy, its political acceptance, and its ability to develop more finely-tuned interpretations of central treaty obligations.
Category: Law

The Law Of Nations

Author : Emer de Vattel
ISBN : PRNC:32101077787958
Genre : International law
File Size : 75.53 MB
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Category: International law

Bounded Rationality And Economic Diplomacy

Author : Lauge N. Skovgaard Poulsen
ISBN : 9781107119536
Genre : Business & Economics
File Size : 77.80 MB
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Examines how developing countries often sign up to highly potent rules underwriting economic globalisation without even realising it.
Category: Business & Economics