This dissertation investigates the relationship between investment and environmental obligations from the perspective of international investment law. In order to do so, the dissertation will consider how these obligations might enter into conflicts and what tools are available to investment tribunals to solve these normative conflicts. The dissertation analyses in order interpretative techniques, conflict resolution tools available in general international law, as expressed in the Vienna Convention on the Law of Treaties, and finally express clauses in international investment agreements. The dissertation includes the review of some relevant case law arising from investment agreements in investment treaty tribunals, to discover how in practice these conflict resolution tools are applied and to assess their effectiveness. This dissertation places itself squarely within the debate between the unity and the fragmentation of international law; therefore it tackles the issue of normative conflicts resolution in a dispute settlement environment with the view of gauging their value in maintaining the unity of international law and defuse the risk of fragmentation. The dissertation can only conclude that much work remains to be done, including by providing a more comprehensive taxonomy of possible interventions, both on the legal and political sphere.
Item Type: | Thesis (LL.M(R)) |
---|---|
Qualification Level: | Masters |
Keywords: | investment law, law of treaties. |
Subjects: | > |
Colleges/Schools: | > |
Supervisor's Name: | Tams, Professor Christian |
Date of Award: | 2016 |
Depositing User: | |
Unique ID: | glathesis:2016-7604 |
Copyright: | Copyright of this thesis is held by the author. |
Date Deposited: | 29 Sep 2016 08:54 |
Last Modified: | 31 Oct 2016 09:24 |
URI: |
View Item |
Downloads per month over past year
View more statistics
The University of Glasgow is a registered Scottish charity: Registration Number SC004401
Academia.edu no longer supports Internet Explorer.
To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to upgrade your browser .
Enter the email address you signed up with and we'll email you a reset link.
What are the advantages and disadvantages associated with including a “right to regulate” in International Investment Agreements? How might some of these issues be resolved?
Christina Louizaki
This dissertation, written as part of the “LLM in Transnational and European Commercial Law, Mediation, Arbitration and Energy Law” at International Hellenic University, addresses the right of states to regulate in the international investment law regime. The thesis focuses on the foreign investors' and host states' conflicting interests. Foreign investors have a strong interest in the stability of the favorable legal and political framework of the host state where they chose to invest. On the other hand, host states want to reserve a degree of flexibility in order to protect their vital domestic interests and adapt their policies to changing circumstances. Achieving an appropriate balance between these two conflicting interests constitutes the principal challenge for modern international investment law. Until recently IIAs, particularly BITs, were characterized by a strong asymmetry focusing almost entirely on foreign investment promotion and protection while remaining sile...
Julia Constanze Elser
This paper analyzes the international regime of investment protection. It examines how international investment treaties and the enforcement of the rights conferred on private investors impact the states’ ability to regulate in public interest towards a sustainable future. Using data collected by UNCTAD, this article depicts the foundations, dynamics and trends of the international investment regime. It explains the reasons for the replacement of customary international law by treaties and the enforcement mechanism. This shows the basic rationale of the system, which is the protection of private business interests, but not a balance between them and public interest. It also demonstrates a shift in role allocation: while formerly developed countries used investment treaties to safeguard their nationals’ outbound FDI, recently they conclude treaties among themselves. Facing exposure to investment arbitration, developed countries’ governments seek to protect public interests especially regarding the adoption and implementation of environmental policies. A scrutiny of model treaties of the 21st century shows that investment treaties generally contain the same protection standards, but states differ significantly in how they express them. The analysis reveals that some states are more cautious than others and do not bank on arbitrators to interpret investment treaties in a regulation-friendly manner. Instead, some states follow the recent trend to incorporate wording aimed at preserving regulatory space. The paper also deals with the criticism of investment arbitration. By reviewing arbitral jurisprudence, I come to the conclusion that tribunals adopt different approaches to reconcile regulatory and private interest but do consider states’ right to regulate by majority. I argue that in the end investment arbitrators are not the right ones to blame for restrictions on regulatory freedom. Instead, investment treaties have been invented for the purpose to restrict regulatory freedom. The experience that the reciprocity of investment agreements can backlash on developed states has changed policymakers approach to negotiating treaties. Governments, not arbitrators are the ones in charge of striking the balance between investment protection and public interest. They have the prerogative power of both negotiating and interpreting treaties. Governments should thus use this power for integrating some scope for the pursuit of sustainability concerns into the international investment regime. While withdrawing from the international system of investment protection would mean throwing the baby out with the bathwater, governments should take clear and specific treaty wording as to regulatory needs for sustainability as a precondition for the conclusion of new treaties. Additionally, they should make an effort to achieve broad international consensus on the interpretation of typical standards of protection.
Tevfik Işıker
In this study, the historical development of states' right to regulate in international investment law is analyzed. For this purpose, the measures taken by developed states, especially European states, to protect their investors abroad, and how the arbitration practices developed within the scope of international investment agreements affect the right to regulate states. In addition, the restrictions imposed by states on regulation by concepts such as FET standards, the concept of legitimate expectations and indirect expropriation will be discussed. Finally, how arbitration practices interpret the above concepts within the scope of international law will be analyzed with sample case laws.
European Business Organization Law Review (EBOR)
Anne van Aaken
Netherlands International Law Review
Surya Subedi
Latin America and international investment law; a mosaic of resistance
Luciana Ghiotto
For the past three decades we have witnessed the signing of multiple bilateral investment treaties (BIT) and free trade agreements (FTA) with investment provisions all over the world. The result of the signing of these treaties has been the development of what Jagdish Bhagwati called a “spaghetti bowl of treaties” that has created a phenomenon of lack of governance of global investment protection rules and a flourishing of ISDS cases against developed and non-developed states all over the world. This chapter focuses on the debate that arose in 2012, which is on investment facilitation rules. The investment facilitation debate came to light in the multilateral forums, especially in the World Trade Organization (WTO) and G20. Also, UNCTAD and the Organization for Economic Cooperation and Development (OECD) have been working on different aspects of this new topic. However, first of all, it should be said that investment facilitation does not focus on protection rights for foreign investments but it sticks to facilitation rules. This difference has been presented by some of the proposing countries (like China) as a point that overcomes many of the investment protection system problems. This proposal is rather new, and thus, it still is very much unknown to the public, policymakers, and also to academia. The changes to the system are moving fast, and the analysis capacity is not yet keeping up with these variations.
Central European Journal of International and Security Studies
martin karas
The debate over the prevalence of nation states as the main actors in the international arena has been going on for the past 40 years. This article focuses on a single aspect of the debate, namely the national sovereignty of states within the neoliberal investment regimes. The argument I make in this article is that while investment treaty-making in the past contributed to limiting the sovereign powers of governments in the domain of investment regulation, recent trends suggest that the states are actively seeking to increase their regulatory space. In order to demonstrate this, I develop a theoretical framework bases on the competing concepts of “right to regulate” and “investment protection”. This framework is subsequently used to compare investment treaties signed in the 1990s with some of the most significant recently signed investment agreements. The analysis shows the way in which the more recent investment treaties increase the regulatory space of the states, which strengthen...
Fabio C Morosini
Concerns about the restrictions imposed by Bilateral Investment Treaties (BITs) on states ability to regulate for public interest have given way to moderate reform. Now some BITs recognize the right to regulate, specifically in the areas of environment, health and safety. However, these changes don’t address the main interests of developing countries, including core values concerning economic justice or industrial policy objectives. The cases of South Africa and Brazil suggest there are alternative paths. South Africa enthusiastically embraced BITs as a way to attract investment but soon realized the constraints they imposed on the state’s ability to further economic justice according to its post-apartheid Constitution. It decided to terminate its BITs, adopt a new investment protection act limiting the protection of foreign investors, and decided to use domestic courts to solve disputes. Brazil decided not to enter BITs and instead pursued Agreements on Investment Cooperation and Facilitation (ACFIs) that delimited the rights of foreign investors. These examples show that developing countries have options outside the BITs. Conversely, they suggest that to truly accommodate the interests of developing countries, the right to regulate under BITs has to be expanded considerably to include distributive justice concerns and industrial policy goals. Otherwise, the investment regime will reinforce global inequalities and likely force countries to exit the system.
Columbia Journal of Transnational Law
Sol Picciotto
This essay discusses the paradox of the emergence of corporate codes of conduct in the 1990s, following pressures from consumer and labor activism, in a period of more general liberalization of international investment leading to deregulation. It suggests that the advantages of flexibility and adaptability to specific circumstances offered by such codes are counterbalanced by their self-selected content and inadequate enforcement. Rejecting the assumption that there is a sharp distinction between voluntary standards and binding law, the essay analyzes various ways of grounding codes in legal obligations. It proposes that a safer and more dependable environment for international investment could be provided by a framework agreement, which would link binding standards for corporate social responsibility in key areas, such as combating bribery and cooperation in tax enforcement, with traditional investor rights based on investor protection and liberalization rules.
Agnes Harriet Lindberg
Loading Preview
Sorry, preview is currently unavailable. You can download the paper by clicking the button above.
PhD Thesis 2013
Nicolás M Perrone
Australasian Review of African Studies
Emmanuel Laryea
Rafael Leal-Arcas
Fundamental Principles of Foreign Investment Protection_Marvin Rowe
Marvin Rowe
Romulo Brillo
Mavluda Sattorova
Monica Barrios
International Law Research
Atif Alenezi
Shifting Paradigms in International Investment Law
Steffen Hindelang , Markus Krajewski
EU Human Rights, International Investment Law and Participation
Vivian Kube
Pia Acconci
SSRN Electronic Journal
Lise Johnson
Potchefstroom Electronic Law Journal
Malebakeng Forere
Veera Mathai
(2018) 59/8 Boston College Law Review 2595
Sebastián López Escarcena , Frank J . Garcia
Andrew D Mitchell , Tania Voon
Frank Garcia
Karl P. Sauvant
Prabhash Ranjan
Zeitschrift Finnish Yearbook of International Law
Oxford Student Legal Studies Paper No. 08/2011
Velimir Zivkovic
Files in this item.
Collections, related items.
Showing items related by title, author, creator and subject.
This chapter demonstrates that the traditional sources thesis for international law does not have much explanatory power for the emergence of international investment law. It first identifies the ‘formal’ sources of foreign investment law. It then analyses the material source of foreign investment law based on a concrete example drawn from the practice of investment arbitration. Specifically, the example of compound interest illustrates how the slow aggregation of investment awards constitutes the material source of foreign investment law. These precedential mechanisms may even signal the birth of a common law of foreign investment.
Sign in with a library card.
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society member access to a journal is achieved in one of the following ways:
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Click the account icon in the top right to:
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.
Our books are available by subscription or purchase to libraries and institutions.
Month: | Total Views: |
---|---|
October 2022 | 11 |
November 2022 | 15 |
December 2022 | 11 |
January 2023 | 18 |
February 2023 | 10 |
March 2023 | 11 |
April 2023 | 14 |
May 2023 | 5 |
June 2023 | 13 |
July 2023 | 10 |
August 2023 | 5 |
September 2023 | 14 |
October 2023 | 7 |
November 2023 | 8 |
December 2023 | 8 |
January 2024 | 7 |
February 2024 | 15 |
March 2024 | 9 |
April 2024 | 18 |
May 2024 | 4 |
June 2024 | 2 |
Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide
Sign In or Create an Account
This PDF is available to Subscribers Only
For full access to this pdf, sign in to an existing account, or purchase an annual subscription.
International investment law is an instrument of public international law. It governs foreign direct investment and the resolution of disputes between foreign investors and sovereign States. This guide will recommend the best resources for locating primary and secondary resources to research international investment law.
For a good introduction to the topic, see the following book:
The following UniMelb subscription databases include arbitration awards and decisions, bilateral investment treaties, multilateral treaties, journal articles, books, and selected domestic arbitration laws. All have different content and are searched in different ways, so to research comprehensively you may need to use several.
The following Oxford Bibliographies Online contains very useful lists of books, journals and journal articles, as well as some primary sources, and are an excellent place to start your research into international investment law. These Bibliographies are all in the Oxford Bibliographies International Law module.
GENEVA GRADUATE INSTITUTE
Chemin Eugène-Rigot 2A Case postale 1672 CH - 1211 Geneva 1, Switzerland +41 22 908 57 00
[email protected] + 41 22 908 58 98
[email protected] +41 22 908 57 54
[email protected] + 41 22 908 57 55
In his PhD thesis in International Law, Michal Jakub Swarabowicz spells out the extent to which creative interpretation by investment-treaty arbitration draws on arguments and assumptions from past, often quite distant, historical contexts. Instead of focusing on changes in treaty drafting, he more fundamentally focuses on changes in thinking about the role international law rules play in protecting foreign business interests.
Why are you interested in investment law?
I am interested in the international law’s involvement in regulating the economy and private enterprise more generally. Coming from a post-industrial city in Poland, I have always been interested both in economic regulation and its historical and ideological evolutions. Investment law, produced by arbitration tribunals and arbitration practitioners, is a relatively new and often divisive field of international law. After having read through a number of arbitration cases, I focused my inquiry on the subtextual premises which made their legal reasonings possible. Situating investment law decisions, together with their premises, against a broader panorama of the evolving international legal discourse helped me to engage, at a deeper level, with often unarticulated values that arbitrations in such disputes champion. I tried to steer away from criticising solutions in individual cases, or making broad, unverifiable and ideologically charged statements about international law.
What was the purpose of your thesis?
I wanted to help international lawyers to think about protection of business interests by international law more generally, instead of thinking within the confines of investment law as a legal regime. Instead of treating international investment protection as solely driven by a clash of economic interests, I sought to explain how the ideational strata of investment law developed through the changing political and intellectual conditions. I was particularly interested in explaining how the parameters of our thinking about international law’s role in protecting foreign enterprise changed over time. Reading through the arbitration cases and connecting them with older legal materials, I discovered how different, historically contingent, and often contradictory and undertheorised, rationales for protecting foreign enterprise survive in legal discourse and keep informing decisions in individual disputes.
For instance, I show how arbitral tribunals came to consider the investor-State relation as having attributes of a contract. The transactional lens used in international law to analyse the investor-State relation permeates a large array of seemingly disparate legal problems. International legal principles construing the investor-State relationship first emerged as an answer to the problem of conciliating the State’s sovereign prerogatives with its obligations as a contractor. The evolutions of investment law in the past twenty years, together with its many controversial forays into the State’s regulatory autonomy, could be best explained as adaptations of these past legal authorities to the context of the free movement of private capital. This explains why arbitrators often analogise flows of private capital to bilateral transactions, with an effect of sanctioning regulatory adjustments to the changing macroeconomic climate as treaty breaches. I think that being conscious of the weight that past theories still exercise in this relatively new field of economic disputes is a step towards a fundamental rethinking of the role international law plays in protecting economic interests.
What could be the policy implications of your thesis?
In the policy debates, investor-State dispute settlement (ISDS) is often portrayed as “sticky” and notoriously difficult to reform. Many lawyers and political scientists advance theories about why States subscribed to a legal regime they perceive as skewed in favour of multinational enterprises. By focusing my lens on creative interpretation by decision-makers and on the weight that past contexts exercise on the present decision-making, I present the area of investment law as much more prone to change than it is usually assumed. Turning to differences in historical contexts which still inform legal interpretation may give clues as to the causes of the current backlash against the ISDS. It also allows me to be optimistic about possibilities for the theoretical change existing within the confines of the dominant legal discourse.
What are you doing now?
Currently, I am developing my research agenda further in the direction of critical legal history of the international law’s engagement in regulating global economy more generally. I will focus on the circulation of ideas between international law, business expertise, and economic and political theory as a way to explain why and how certain risks and economic interests came at the forefront of international legal discourse in certain historical times. This will help me to write about fundamental assumptions and intellectual constraints behind past and present projects aimed at formalising precepts of economic governance into a rule-based legal system.
* * *
Michal Jakub Swarabowicz defended his PhD thesis in International Law in February 2021. Associate Professor Fuad Zarbiyev presided the committee, which included Professor Zachary Douglas , thesis supervisor, and Thomas Schultz , Professor at the Faculty of Law of the University of Geneva.
Full citation of the PhD thesis: Swarabowicz, Michal Jakub. “The Construction of International Investment Law within International Law Argumentation.” PhD thesis, Graduate Institute of International and Development Studies, Geneva, 2021.
For access, please contact Dr Swarabowicz .
Interview by Nathalie Tanner, Research Office. Banner picture: textile factory in Łódź, Poland, owned in the 19th century by the French Compagnie Générale des Industries Textiles. Its nationalisation by the Polish authorities in 1946 was settled by a lump sum agreement between Poland and France, an early example of investment protection. After the factory’s bankruptcy, the site has been taken over by a Spanish investor. Michał Swarabowicz lived the first 18 years of his life in the company town, still in existence and visible on the engraving.
By Jonathan Randles
Fisker Inc. filed for bankruptcy on Monday, months after the electric-vehicle startup stopped production of its only model, the oft-malfunctioning Ocean SUV.
The company listed between $500 million and $1 billion of assets, and between $100 million and $500 million of liabilities, in its petition filed in Delaware. The filing protects Fisker from creditors while it works out a plan to repay them.
Fisker is the second plug-in car company started by Henrik Fisker — a famed designer of BMW and Aston Martin sports cars — to end up in bankruptcy. An earlier venture, Fisker Automotive, filed for Chapter 11 protection in 2013 after a series of recalls spelled the downfall of its battery supplier, a fellow recipient of US Energy Department loans.
The undoing of Fisker Inc. was more self-inflicted. The startup went public in 2020 as part of the wave of EV companies to benefit from the pandemic era boom in special purpose acquisition companies. Combining with a SPAC sponsored by Apollo Global Management Inc. left Fisker with roughly $1 billion in cash and helped the company land a deal with a Magna International Inc. subsidiary that manufactures vehicles for the likes of Toyota, BMW and Mercedes-Benz.
While Fisker Ocean sport utility vehicle production started on schedule in November 2022, the first SUVs lacked basic features including cruise control. The California-based company told customers it would deploy capabilities it had promised them the following year, via over-the-air software updates.
Software bugs ended up slowing production for months, leading Fisker to repeatedly slash its forecasts. In February of this year, influential YouTuber Marques Brownlee produced a video — This is the Worst Car I’ve Ever Reviewed — that summarizes a series of issues he experienced while borrowing an Ocean from a New Jersey dealership. The video has racked up more than 5.7 million views.
Read More: Fisker Got Carried Away Comparing Itself With Apple
Fisker produced 10,193 Oceans last year but delivered only 4,929 vehicles to customers. The company attempted a dramatic pivot in early January, seeking out partnerships with franchised dealers in North America in a move away from selling SUVs directly to consumers.
By February, Fisker warned there was substantial doubt about its ability to continue operating. The following month, the company announced it had secured $150 million from an existing lender, though the financing was contingent on Fisker securing investment from an unidentified automaker. A week after that disclosure, Fisker said that talks with the carmaker had ended without a deal.
Magna executives said during an earnings call last month that the company’s updated outlook for this year assumed no further production of Ocean SUVs. While the company laid off 400 to 500 people from its facility in Graz, Austria, the plant employs around 7,000 workers and continues to manufacture vehicles for BMW, Mercedes, Toyota and Jaguar Land Rover.
Fisker’s bankruptcy comes as EV makers struggle to adapt to slowing sales in the US and across much of Europe.
Researcher BloombergNEF last week pared back its battery-electric vehicle sales projections through 2026, citing expectations for a slower shift away from combustion engines in major markets including the US, Germany and the UK.
Fisker follows a handful of other EV startups into bankruptcy, including Charge Enterprises, the installer of EV charging stations that filed for Chapter 11 protection in March. Other EV makers that have filed for bankruptcy include Lordstown Motors , Proterra and Electric Last Mile Solutions .
(Updates with background starting in the first paragraph.)
--With assistance from Monica Raymunt .
To contact the reporters on this story: Jonathan Randles in New York at [email protected] ; Craig Trudell in London at [email protected]
To contact the editors responsible for this story: Claire Boston at [email protected]
Luca Casiraghi, Elisabeth Behrmann
© 2024 Bloomberg L.P. All rights reserved. Used with permission.
Learn about bloomberg law.
AI-powered legal analytics, workflow tools and premium legal & business news.
Log in to keep reading or access research tools.
Discover the world's research
Law.com International articleDisplay
MEMBERSHIP PROGRAMS
MEDIA BRANDS
Content Source
Content Type
About Us | Contact Us | Site Map
Advertise | Customer Service | Terms of Service
FAQ | Privacy Policy
Copyright © 2021 ALM Global, LLC.
All Rights Reserved.
Lenovo, plans to sell a $2 billion zero-coupon convertible bond to Alat and establish a MEA headquarters and a new manufacturing facility in Riyadh.
June 17, 2024 at 10:15 AM
2 minute read
Share with email, thank you for sharing.
Latham & Watkins and Cleary Gottlieb Steen & Hamilton have advised on a strategic collaboration between Lenovo Group Limited, the world’s largest computer manufacturing company, and Alat, a subsidiary of Saudi Arabia’s sovereign wealth fund, the Public Investment Fund (PIF).
Lenovo, advised by Cleary, plans to sell a $2 billion zero-coupon convertible bond to Alat, advised by Latham. In return, Lenovo will establish a MEA headquarters and a new manufacturing facility in Riyadh.
Benefits of a digital membership.
Register Now
Already have an account? Sign In Now
By Jessica Seah
By Rick Mitchell
By Amy Guthrie
By Ulrike Barth
Big Law’s Favourite (And Least Favourite) Cities
International Edition
Paul Weiss Adds Senior Google Lawyer in Latest London Hire
Clifford Chance: Where Next for the UK’s Original Private Equity Golden Child?
A Working Mum and Carer, One Year In...
Euros 2024: The Law Firm Football Tournament Has Already Happened
Law Offices of Gary Martin Hays & Associates P.C. 75 Ponce De Leon Ave NE Ste 101 Atlanta , GA 30308 (470) 294-1674 www.garymartinhays.com
Law Offices of Mark E. Salomone 2 Oliver St #608 Boston , MA 02109 (857) 444-6468 www.marksalomone.com
Smith & Hassler 1225 N Loop W #525 Houston , TX 77008 (713) 739-1250 www.smithandhassler.com
Presented by BigVoodoo
The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.
Celebrating achievement, excellence, and innovation in the legal profession in the UK.
Legalweek New York explores Business and Regulatory Trends, Technology and Talent drivers impacting law firms.
Nutley Law firm concentrating in plaintiff's personal injury for plaintiff seeks an Attorney with three or more years of experience in New J...
ATTORNEY WANTED Bergen County law firm seeks motivated attorney with minimum 1-2 years experience in litigation and municipal law. Zoni...
Our client, an American technology company that is a popular provider of online dating services, has engaged us to identify a highly qualif...
Professional Announcement
Don't miss the crucial news and insights you need to make informed legal decisions. Join International Edition now!
Already have an account? Sign In
To continue, please click the box below to let us know you're not a robot.
Please make sure your browser supports JavaScript and cookies and that you are not blocking them from loading. For more information you can review our Terms of Service and Cookie Policy .
For inquiries related to this message please contact our support team and provide the reference ID below.
IMAGES
VIDEO
COMMENTS
Abstract. Recent trends in reforms by African states in the field of International Investment Law ("IIL") have been dubbed as the Africanization of IIL. These important debates regarding reform of IIL in Africa foreground innovative aspects of International Investment Agreements ("IIA") in contrast to the traditional IIL regime.
This book, however, forwards the thesis that international investment law develops, despite its bilateral form, into a multilateral system of law that backs up the functioning of a global market economy based on converging principles of investment protection. In discussing the function of most-favored-nation clauses, the possibilities of treaty ...
nature of international investment law, and the legal avenues of redress of the negative environmental externalities of investment activities out- ... good', or, more predictably for this thesis, that 'investment is bad', does not serve any purpose other than weakening any argument one wishes to advance. 'Investment is' and 'the ...
of professional expertise (international trade law and international investment law). This means that the thesis has an appeal to both international investment arbitration professionals, who are engaged in the legal practice of investment law, and international trade practitioners, who work with WTO law and national trade laws.
Title: Great expectations : the fair and equitable treatment standard in the international law of foreign investment Author (s): TUDOR, Ioana Date: 2006 Citation: Florence : European University Institute, 2006 Type: Thesis Series/Number: EUI; LAW; PhD Thesis Abstract: The treatment of foreign investors and of their investments on the territory ...
This dissertation, written as part of the "LLM in Transnational and European Commercial Law, Mediation, Arbitration and Energy Law" at International Hellenic University, addresses the right of states to regulate in the international investment law regime. The thesis focuses on the foreign investors' and host states' conflicting interests.
International Investment Law - Understanding Concepts and ... - OECD ... 5. ...
The Necessity Defense in International Investment Law Otabek Ismailov Thesis submitted to the Faculty of Graduate and Postdoctoral Studies in partial fulfillment of the requirements ... This thesis analyses the interpretative issues in the Argentine cases, and based on the
International Investment Law Protection of Foreign Portfolio Investments: 'To be, or not to be'? By Uchenna Vincent Agunwa Thesis Submitted for the Award of the Degree of Doctor of Philosophy Under the Supervision of: Dr Federico Lupo-Pasini 2023 . i
The paper advances the paradoxical thesis that international investment law is developing towards a multilateral system of investment protection on the basis of bilateral treaties. Despite the infinite fragmentation of substantive investment law, coupled with arbitration as a decentralized dispute and compliance mechanism, one can observe ...
"Foreign investment and the environment in international law: An ambiguous relationship," 80 . British Yearbook of International Law. 244 (2009). 3. The seminal piece on this topic is Bruno Simma, "Self-contained regimes," 16 . Netherlands Yearbook of International Law . 111 (1985). Building upon Simma's work, many scholars have ...
Performance Requirement Prohibitions in International Investment Law Alexandre Genest A thesis submitted in partial fulfilment of the requirements for the Doctorate in Philosophy degree in Law ... The Objective of this Thesis ..... 1 C. The Relevance of this Thesis..... 2 1. Analyses of How PRPs in IIAs are Drafted, Interpreted and Applied are ...
This dissertation investigates the relationship between investment and environmental obligations from the perspective of international investment law. In order to do so, the dissertation will consider how these obligations might enter into conflicts and what tools are available to investment tribunals to solve these normative conflicts. The dissertation analyses in order interpretative ...
This dissertation, written as part of the "LLM in Transnational and European Commercial Law, Mediation, Arbitration and Energy Law" at International Hellenic University, addresses the right of states to regulate in the international investment law regime. The thesis focuses on the foreign investors' and host states' conflicting interests.
The conclusions presented in this dissertation substantiate the notion that investment arbitration is capable of assessing the relevance of human rights and environmental treaties and has done so, irrespective of sweeping interpretations of investment treaties that seek harmonization and coherence of international law. The investment cases ...
This chapter demonstrates that the traditional sources thesis for international law does not have much explanatory power for the emergence of international investment law. It first identifies the 'formal' sources of foreign investment law. It then analyses the material source of foreign investment law based on a concrete example drawn from ...
This guide will recommend the best resources for locating primary and secondary resources to research international investment law. For a good introduction to the topic, see the following book: Foreign Investment Law in a Nutshell by Ralph Folsom. Call Number: KC 227 FOLS. Publication Date: West, 2016.
rulings of International Investment tribunals and by rules of general international law with the prime aim of protecting the Investors and promoting investment. 1 Hence, the investor is expected to follow the legal procedure starting from entry into the state and investment, operation and exit
In his PhD thesis in International Law, Michal Jakub Swarabowicz spells out the extent to which creative interpretation by investment-treaty arbitration draws on arguments and assumptions from past, often quite distant, historical contexts. Instead of focusing on changes in treaty drafting, he more fundamentally focuses on changes in thinking about the role international law rules play in ...
international law (conflict of laws). Applying the semiotic categories, we may state that the borders of. the legal system develop special tools for filtration, adaptation and translation of ...
Electric vehicle startup Fisker Inc. has filed for bankruptcy after discussions with a major automaker about an investment ended without a deal. ... Learn more about Bloomberg Law or Log In to keep reading: Learn About Bloomberg Law . AI-powered legal analytics, workflow tools and premium legal & business news. Learn more .
Investment Potential of the S outhern Territory of Ru ssiafor Developing Rura l (Agrarian) Tourism 813 areas, except for the city of Armavir, ha ve exclusively agro- industrial specialization ...
NEWS. Latham and Cleary Advise on $2 Billion Lenovo-Saudi Public Investment Fund. Lenovo, plans to sell a $2 billion zero-coupon convertible bond to Alat and establish a MEA headquarters and a new ...
Postal code (s) [5] 352120-352129. OKTMO ID. 03654101001. Tikhoretsk ( Russian: Тихоре́цк) is a town in Krasnodar Krai, Russia. It is the administrative center of the Tikhoretsky urban settlement and the Tikhoretsky District of the Krasnodar Territory. Population: 55,686 ( 2021 Census); [6] 61,823 ( 2010 Russian census); [2] 65,005 ...
Supreme Soviet adopted a law to rename the RSFSR to Russian Federation. Two years after, on December 25th, 1993 a new constitution came into force and it is current to the present day. Russia is the world's largest country, spreading over two continents and covering more than 17 million km2 (Figure 1). Today's Russia is a successor to
A former investment banker at Goldman Sachs, he was a mergers and acquisitions lawyer at Wachtell, Lipton, Rosen & Katz; a clerk for the U.S. Court of Appeals for the 3rd Circuit; and an editor of ...