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Arbitrating the Conduct of International Investors
This volume shows how investment arbitration may be reformed to achieve both increased investment flows and improved access to justice.
Suing Foreign Governments and Their Corporations, 2nd Edition
When Suing Foreign Governments and Their Corporations was first published in 1988, one reviewer predicted that it would become the bible for all attorneys litigating such cases. Since then, the book has become the standard work on the intricacies of litigation under the Foreign Sovereign Immunities Act. In the most recent Supreme Court decision applying the Foreign Sovereign Immunities Act, both the majority and the dissent cited the book as the definitive work on the topic.
Public Participation and Foreign Investment Law
Public Participation and Foreign Investment Law offers a systematic treatment of public participation from the standpoint of the three main sources of foreign investment law, namely treaties, legislation and contracts. It identifies and critically discusses the different forms of public participation that can be found or envisaged in foreign investment law. From this perspective, the book looks at public participation as vehicle to strike a balance between private and public rights and interests. This book contributes to the understanding of the current forms, level and impact of public participation. It provides indications on how such participation could be enhanced with a view of improving the balance and legitimacy of the legal instrument related to the promotion and protection of foreign investments.
Environmental Counterclaims in Investment Arbitration
This book critically analyses the availability of environmental counterclaims in investment arbitration presented by the respondent host state against the claimant investor. It starts from the premise that the conflicting relation between investment law and environmental protection cannot always be avoided. Yet, the instrument of environmental counterclaims in investment arbitration might alleviate such relation. Throughout its chapters, this book addresses the questions about the societal and practical relevance of seeking redress for environmental damage in investment arbitration, the functioning of such instrument both in contract-based and treaty-based investment arbitration, the suitability of arbitral tribunals to rule upon environmental issues, and the kind of environmental damages that could be redressed. Most importantly, by deconstructing the requirements of jurisdiction, connection between main claim and counterclaim, and cause of action, this book provides the tools for the re-conceptualisation of the instrument of counterclaims with the hope of harnessing its utility to achieve appropriate redress for environmental damages caused by foreign investors.
Investors, States, and Arbitrators in the Crosshairs of International Investment Law and Environmental Protection
In Investors, States, and Arbitrators in the Crosshairs of International Investment Law and Environmental Protection, Dr Crina Baltag and Ylli Dautaj look at the investor-State dispute settlement system and inquire whether this is the most suitable transnational venue for resolving investment disputes that have an environmental component. This culminates essentially in whether arbitration is a legitimate forum and whether privately appointed arbitrators appropriately can resolve environmental-related disputes. These disputes are bound to increase in frequency because host-States are also partaking in global efforts to respond to environmental challenges.
A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and Abroad
Publisher Description
Research Handbook on Foreign Direct Investment
Increasing international investment, the proliferation of international investment agreements, domestic legislation, and investor-State contracts have contributed to the development of a new field of international law that defines obligations between host states and foreign investors with investor-State dispute settlement. This involves not only vast sums, but also a panoply of rights, duties, and shifting objectives at the juncture of national and international law and policy. This engaging Research Handbook provides an authoritative account of these diverse investment law issues.
Investors’ International Law
This book is the first book-length analysis of investor accountability under general and customary international law, international human rights law, international environmental law, international humanitarian law, as well as international investment law. International investment law is currently facing growing criticisms for its failure to address corruption, abuse, environmental damage, and other forms of investor misconduct. Reform initiatives range from the rejection of international law as a governing regime for investors, to the dramatic overhaul of investment treaties that supposedly enable investor overprotection, to the creation of a multilateral international instrument that would ...
Transparency in International Investment Arbitration
This in-depth commentary analyses the new UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration.
International Judicial Assistance in Civil Matters
International judicial assistance, which is reasonably well settled in criminal law, is still finding its way in civil matters. Here is a very useful survey of problems in this area, describing how they are being handled in various jurisdictions worldwide. The authors examine service of process abroad, obtaining evidence in crossborder litigation, the impact of sovereign immunity, the application of international conventions, and preferred forms of dispute resolution. Contributors include practitioners from both civil law and common law jurisdictions. Published under the Transnational Publishers imprint.
