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The Impact of Investment Treaties on Contracts Between Host States and Foreign Investors
In the field of investment treaty arbitration, the co-existence of contracts and treaties has generated an increasingly divided jurisprudence on central aspects of treaty interpretation. This book comprehensively examines the legal problems surrounding the relationship of these two instruments. ?????
Research Handbook on Intellectual Property Rights and Arbitration
The Research Handbook on Intellectual Property Rights and Arbitration explores the complementary relationship between state court adjudication and arbitral proceedings in the context of intellectual property rights. Presenting contemporary research and insight into the scholarly debates on the topic, it provides a comprehensive overview of arbitrating intellectual property disputes on an international scale.
The Formation and Identification of Rules of Customary International Law in International Investment Law
Patrick Dumberry provides a comprehensive analysis of the rules of customary international law in the field of international investment law.
Contract Interpretation in Investment Treaty Arbitration
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
Resistance and Change in the International Law on Foreign Investment
Explores the political context of the rapid changes in the international law on foreign investment made through investment arbitration.
Research Handbook on International Law and Natural Resources
Research Handbook on International Law and Natural Resources provides a systematic and comprehensive analysis of the role of international law in regulating the exploration and exploitation of natural resources. It illuminates interactions and tensions between international environmental law, human rights law and international economic law. It also discusses the relevance of soft law, international dispute settlement, as well as of various unilateral, bilateral, regional and transnational initiatives in the governance of natural resources. While the Handbook is accessible to those approaching the subject for the first time, it identifies pressing areas for further investigation that will be of interest to advanced researchers.
International Investment Law
This up-to-date and revised third edition offers a clear and comprehensive overview aimed at upper-level undergraduate and postgraduate courses on international investment law. Key features and benefits include: • concise descriptions of legal principles followed by classic and contemporary cases • extracts from and analysis of key recent decisions, revised investment treaty texts and new court system proposals • detailed discussion notes and all new ‘Questions to an Expert’ to enable classroom discussion and facilitate critical reflection.
Responsibility of the EU and the Member States under EU International Investment Protection Agreements
This book provides a comprehensive portrait of how international responsibility of the EU and the Member States is structured under the EU’s international investment protection agreements. It analyses both the old regime as represented by the Energy Charter Treaty and the new regime as represented by the new EU investment treaties, such as CETA, TTIP, the EU-Singapore Agreement and the EU-Vietnam Agreement. The international responsibility of the EU, being a “special” international organisation, is in and of itself an important and challenging topic in public international law. However, in the context of international investment law, and especially with regard to the emerging new EU in...
Yearbook on International Investment Law & Policy 2014-2015
Several themes emerge in this 2014-2015 edition of the Yearbook. The first is a notable focus on country and region-specific developments. Different articles focus on key developments in such countries as Australia, Brazil, China, Ghana, India, Indonesia, Russia, and South Africa. Others focus on regional innovations, in particular in Latin America. A second area of attention is reform, and proposals for reform, in investor-state dispute settlement and in investment law generally. The third theme is the continued concern about states' regulatory autonomy and the importance of their retaining ability to protect the interests of their nationals. A fourth theme concerns the continued contributi...
