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International Protection of Investments
  • Language: en
  • Pages: 1662

International Protection of Investments

  • Categories: Law

This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.

Essential Questions in EU Law
  • Language: en
  • Pages: 269

Essential Questions in EU Law

  • Categories: Law

A 'Q & A' introduction to EU law, setting out the fundamentals of the subject with clarity and immediacy.

Advanced Introduction to International Investment Law
  • Language: en
  • Pages: 181

Advanced Introduction to International Investment Law

  • Categories: Law

August Reinisch gives a broad overview of the entire field of international investment law that has emerged as an important subfield of international economic law over the last decades. As a result of the boom of investment arbitration since the late 1990s, core questions of the substantive treatment of foreign investors are analysed. Combining an academic and a practical perspective, this book has been written to provide an introduction to investment law for lawyers, political scientists, economists as well as those interested in international relations.

From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court
  • Language: en
  • Pages: 232

From Bilateral Arbitral Tribunals and Investment Courts to a Multilateral Investment Court

  • Categories: Law

This open access book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The “feasibility study” presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.

Standards of Investment Protection
  • Language: en
  • Pages: 301

Standards of Investment Protection

This book provides a guide to the application of substantive standards of treatment, routinely included in investment treaties. Leading practitioners and academics analyze the interpretation of core standards in arbitration proceedings, presenting the emerging consensus shaping how they should be applied in practice.

Immunity of International Organizations
  • Language: en
  • Pages: 375

Immunity of International Organizations

  • Type: Book
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  • Published: 2015-08-31
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  • Publisher: BRILL

Immunity rules are part and parcel of the law of international organizations. It has long been accepted that international organizations and their staff need to enjoy immunity from the jurisdiction of national courts. However, it is the application of these rules in practice that increasingly causes controversy. Claims against international organizations are brought before national courts by those who allegedly suffer from their activities. These can be both natural and legal persons such as companies. National courts, in particular lower courts, have often been less willing to recognize the immunity of the organization concerned than the organization’s founding fathers. Likewise, public o...

The Privileges and Immunities of International Organizations in Domestic Courts
  • Language: en
  • Pages: 2307

The Privileges and Immunities of International Organizations in Domestic Courts

  • Categories: Law
  • Type: Book
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  • Published: 2013-09-12
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  • Publisher: OUP Oxford

International organizations are increasingly operating across borders and engaging in legal transactions in virtually all jurisdictions. This makes, familiarity with the applicable law and practice imperative for both international organizations and those who engage in legal relations with them. Furthermore, the issue of whether, how, and to what extent domestic courts take into account decisions of foreign and international courts and tribunals in their own decision-making has become increasingly important in recent years. This book provides a comprehensive empirical study of this transnational judicial dialogue, focusing on the law and practice of domestic jurisdictions concerning the lega...

Essentials of EU Law
  • Language: en
  • Pages: 295

Essentials of EU Law

  • Categories: Law

This book will help students grasp the complex system of EU law.

International Organizations Before National Courts
  • Language: en
  • Pages: 523

International Organizations Before National Courts

  • Categories: Law

A radical, empirical investigation of how national courts 'react' to disputes involving international organizations. Through comprehensive analysis of the attitudes and techniques of national courts and underlying political motives, Professor Reinisch first describes various legal approaches that result in adjudication or non-adjudication of disputes concerning international organizations. Secondly he discusses policy issues pro and contra the adjudication of such disputes. His study then scrutinizes the rationale for immunizing international organizations from domestic litigations, especially the 'functional' need for immunity, and substantially debates the implications of a human rights-ba...

Rules and Practices of International Investment Law and Arbitration
  • Language: en
  • Pages: 581

Rules and Practices of International Investment Law and Arbitration

  • Categories: Law

Offers the most comprehensive, detailed and up-to-date analysis of international investment law and arbitration compared to its competitors.