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Author: Jürgen Kurtz Publisher: Cambridge University Press ISBN: 1107009707 Category : Law Languages : en Pages : 327
Book Description
Jürgen Kurtz provides a theoretically grounded and doctrinally tractable framework to understand the relationship between international trade and investment law.
Author: Jürgen Kurtz Publisher: Cambridge University Press ISBN: 1107009707 Category : Law Languages : en Pages : 327
Book Description
Jürgen Kurtz provides a theoretically grounded and doctrinally tractable framework to understand the relationship between international trade and investment law.
Author: Jürgen Kurtz Publisher: Cambridge University Press ISBN: 9781108458252 Category : Law Languages : en Pages : 0
Book Description
International law has historically regulated foreign trade and foreign investment differently. Distinct evolutionary pathways have led to variances in treaty form, institutional culture, and dispute settlement. With their inevitable erosion through the late twentieth to early twenty-first centuries, those weak boundaries have become porous and indefensible. Powerful economic, legal and sociological factors are now pushing the two systems together. In this book, Jürgen Kurtz systematically explores the often complex and little-understood dynamics of this convergence phenomenon. Kurtz addresses the growing connections between international trade and investment law, proposing a theoretically grounded and doctrinally tractable framework to understand the deepening relationship between them. The book also offers reform ideas and possibilities, providing treaty negotiators and other government officials with a set of theoretical insights and doctrinal models that can guide actors in building a justifiable and sustainable level of commonality between the two legal systems.
Author: Jürgen Kurtz Publisher: Cambridge University Press ISBN: 1316445097 Category : Law Languages : en Pages : 327
Book Description
International law has historically regulated foreign trade and foreign investment differently. Distinct evolutionary pathways have led to variances in treaty form, institutional culture, and dispute settlement. With their inevitable erosion through the late twentieth to early twenty-first centuries, those weak boundaries have become porous and indefensible. Powerful economic, legal and sociological factors are now pushing the two systems together. In this book, Jürgen Kurtz systematically explores the often complex and little-understood dynamics of this convergence phenomenon. Kurtz addresses the growing connections between international trade and investment law, proposing a theoretically grounded and doctrinally tractable framework to understand the deepening relationship between them. The book also offers reform ideas and possibilities, providing treaty negotiators and other government officials with a set of theoretical insights and doctrinal models that can guide actors in building a justifiable and sustainable level of commonality between the two legal systems.
Author: Leal-Arcas, Rafael Publisher: Edward Elgar Publishing ISBN: 1781000778 Category : Law Languages : en Pages : 360
Book Description
This timely book examines international trade and investment law at various levels of governance, including unilateral, bilateral, regional, and multilateral arrangements.
Author: Andrea K. Bjorklund Publisher: Edward Elgar Publishing ISBN: 178100322X Category : Law Languages : en Pages : 345
Book Description
This important book examines the development of soft law instruments in international investment law and the feasibility of a 'codification' of the present state of this field of international economic law. It draws together the views of international experts on the use of soft law in international law generally and in discrete fields such as WTO, commercial, and environmental law. The book assesses whether investment law has sufficiently coalesced over the last 50 years to be 'codified' and focuses particularly on topical issues such as most-favoured-nation treatment and expropriation. This timely book will appeal to academics interested in the development of international law and legal theory, to those working in investment law, Government investment treaty negotiators and arbitration practitioners.
Author: Mitchell, Andrew D. Publisher: Edward Elgar Publishing ISBN: 1788973674 Category : Law Languages : en Pages : 272
Book Description
This essential book discusses a wide range of important legal principles such as procedural fairness and reasonableness in the context of international trade and investment law. Using comparative methodology, the authors examine how those principles are reflected in treaties and how they are employed by adjudicators resolving disputes.
Author: Stephan W. Schill Publisher: Oxford University Press ISBN: 0199589100 Category : Law Languages : en Pages : 922
Book Description
International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.
Author: Katia Fach Gómez Publisher: Springer Nature ISBN: 3030339165 Category : Law Languages : en Pages : 292
Book Description
This EYIEL special issue examines the interaction between international investment law and competition law. Although issues related to both international investment law and competition law arise regularly in international legal practice and are examined together, scholarly analysis largely treats them as parallel universes. As a result their actual and potential overlap has yet to be sufficiently explored. In this light, International Investment Law and Competition Law discusses a variety of topics at the intersection of investment and competition, including the interaction between competition-related provisions and investment protection standards in free trade agreements; investors’ anti-competitive behaviour and illegal investments; state aid schemes and foreign investors’ legitimate expectations; EU member States’ compliance with investment awards as (illegal) state aid under EU law; State-owned enterprises and competitive neutrality; and interactions between public procurement, investment and competition law.
Author: Tarcisio Gazzini Publisher: Martinus Nijhoff Publishers ISBN: 9004214534 Category : Law Languages : en Pages : 363
Book Description
Transnational investment involves a variety of actors (States, public and private legal entities, and natural persons) whose relationships are governed by rules and legal instruments belonging to different legal systems. This book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction. It focuses primarily on the network of over 3,000 Bilateral Investment Treaties, international investment contracts, customary international law, the main multilateral treaties, national legislation, international case law and general principles of law. The book, firmly based on State practice, arbitral awards and national decisions, is indispensable to fully appraise the nature and content of the claims of private investors as well as to identify the law applicable in investment arbitration.
Author: Jürgen Kurtz
Author: Jürgen Kurtz
Author: Jürgen Kurtz
Author: Jürgen Kurtz
Author: Leal-Arcas, Rafael
Author: Andrea K. Bjorklund
Author: Mitchell, Andrew D.
Author: Stephan W. Schill
Author: Katia Fach Gómez
Author: Tarcisio Gazzini
Author: Roberto Echandi