International Investment Law
Openness in International Investment Law: Too Much of a Good Thing?
... of international investment ...case law ranging from one strand requiring “total transparency” to another merely prohibiting “complete lack of ...case law and the most recent treaty practice ...
13
Pursuing and reimagining the international rule of law through international investment law
... towards international investment law, three broad arguments can be put ...Firstly, investment regime is intertwined with all three contexts of the international rule of law and ...
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Interpretation of International Law by National Judges: Opportunities and Challenges. The Case of International Investment Law in Latin America
... developing international law, as well as the challenges this new role represents both to national and international ...consider international law will be ...affects international ...
18
Performance requirement prohibitions in international investment law
... and Law Collected Courses (1997, Martinus-Nijhoff) 326, 363-368; Jeswald ...The Law of Investment Treaties (OUP, 2010) 130-131, 329-333; Jeswald ...Foreign Investment: The Search for a Grand ...
272
Environmental Impact Statements and Public Participation in International Investment Law
... particular investment project may reflect willingness to tolerate greater risks, or equally a stronger aversion to them than may be indicated by more empirical assessments of ...of international ...
34
Natural Resources and Indigenous Cultural Heritage in International Investment Law and Arbitration
... to international law, as indicated in part by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and relevant international law ...The international norms ...
18
Sustainable international investment law after the Pax Americana: The BOOT on the other foot
... of investment projects, such as environmental ...in international investment law, which for the time being appears to be weighed against the interests of emerging market firms seeking ...
33
Applying the Full Protection and Security Standard of International Investment Law to Digital Assets
... of international investment law and investment treaty interpretation, however, likely the strongest claim that a website is within the territory of a state for the purposes of attracting BIT ...
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The Human Right to Property in International Investment Law
... see International Law Commission (ILC), Responsibility of States for Internationally Wrongful Acts, UNGAOR, 56th Sess, Supp No 10, UN Doc A/56/10 (2001) [ILC Articles on State Responsibility] ...of ...
34
International investment law
... These, and other, applications of the fair and equitable standard, point towards an exceptionally wide interpretation of that standard, greatly favouring investors. The same trend is evident in respect of the obligation ...
20
Discerning the Compliance Calculus: Why States Comply with International Investment Law
... The impetus driving developed States to seek out bilateral investment relationships is understandable. Such relationships allow them to selectively choose which countries th[r] ...
34
International Investment Law and the Public Law Analogy: The Fallacies of the General Principles Method
... domestic law from which they can induce general principles, in reality reference to comparative law is less pivotal to the reasoning of tribunals - and less methodologically rigorous – than the general ...
28
Treaty Shopping in International Investment Law : Setting Limits on Corporate Restructuring to Gain Access to Investment Protection
... the assumption that foreign investors are generally free to arrange their business affairs so as to gain the most favourable conditions to their investments. Second, despite this freedom, it is not permissible to change ...
116
Reviving the emperor’s old clothes : the good governance agenda, development and international investment law
... the international development sector to recast the conceptual and operational premise of official development assistance in light of growing criticism that the development interventions of the postwar period were ...
22
Heritage, Power and Destiny:The Protection of Indigenous Heritage in International Investment Law and Arbitration
... claimant’s investment in Cerro Chorca, a mining property in Western ...subsequent law admitted foreign investments in the mineral sectors showed that the mineral moratorium was enacted to expropriate the ...
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The Role of International Investment Law in Renewable Energy Investment; focus on Build Operate and Transfer (BOT) Contracts
... the investment treaties might not shield BOT investors against tax ...the investment did not make any provision ...customary law protection (necessity principle) is more favourable to a BOT ...
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Variations on a Theme: Comparing the Concept of "Necessity" in International Investment Law and WTO Law
... While the assessment of an objective's importance can intrude on regulatory autonomy in cases where a tribunal disagrees with a state's assessment, the reasoning and[r] ...
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China’s Outward Foreign Direct Investment and International Investment Law
... outward investment by Chinese SOEs—is also on the ...for investment opportunities resulting from the huge cache of funds they have amassed from their protectionist and predatory ...such investment ...
42
The role of security exceptions in international investment law
... by law or policy. However, the citizenship-by-investment schemes generated controversies and criticisms, not only within the implementing countries, but also in other countries, international ...
287
Indirect Expropriation in International Investment Law
... The Law of Investment Treaties, Oxford International Law Library, 2010, ...the investment, as of the date immediately before the action of dispossession was ...ASEAN Investment ...
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