Domestic Law in International Investment Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Domestic Law in International Investment Arbitration write by Jarrod Hepburn. This book was released on 2017. Domestic Law in International Investment Arbitration available in PDF, EPUB and Kindle. Although domestic law plays an important role in investment treaty arbitration, this issue is little discussed or analysed. When should investment treaty tribunals engage with domestic law? How should investment treaty tribunals resolve matters of domestic law? These questions have significant ramifications for both the legitimacy of the investment treaty system and the arbitral mandate of the tribunal members. Drawing on case law, international law principles, and comparative analysis, this book addresses these important issues. Part I of the book examines three areas of investment law-the 'fair and equitable treatment' standard, expropriation, and remedies-in which the role of domestic law has so far been under-appreciated. It argues that tribunals are justified in drawing on domestic law as a relevant factor in their rulings on these three issues. Part II of the book examines how questions of domestic law should be resolved in investment arbitration. It proposes a normative framework for use by tribunals in ascertaining the contents of the domestic law to be applied. It then considers counter-arguments, exemptions, and exceptions to applying this framework, and it evaluates how tribunals have ruled on questions of domestic law to date. Investment treaty arbitration has endured much criticism in recent times, partly over fears of its encroachment on sovereignty. The book ultimately contends that closer attention by tribunals to one of the principal expressions of a state's sovereignty-the elaboration of its domestic law-will reduce criticism of the field.
The Role of the Domestic Law of the Host State in Determining the Jurisdiction Ratione Materiae of Investment Treaty Tribunals
The Role of the Domestic Law of the Host State in Determining the Jurisdiction Ratione Materiae of Investment Treaty Tribunals - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Role of the Domestic Law of the Host State in Determining the Jurisdiction Ratione Materiae of Investment Treaty Tribunals write by Reza Eftekhar. This book was released on 2021. The Role of the Domestic Law of the Host State in Determining the Jurisdiction Ratione Materiae of Investment Treaty Tribunals available in PDF, EPUB and Kindle. "The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals: The Partial Revival of the Localisation Theory?" focuses on the largely unexplored role of the host state law in determining the jurisdiction ratione materiae of investment treaty tribunals. Given domestic law's essential role in subject-matter jurisdiction issues, and in the light of the broader function of host state law and host state courts in contemporary investment treaty law, the author argues that the dormant "localisation" theory that was raised and defended by developing countries in the 1960s-1970s in the context of foreign investment contract disputes has now been partially revived in the area of investment treaty law. This is a significant milestone in the ongoing discussions on the reform of investment treaty dispute settlement regime"--
International Investment Law
International Investment Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook International Investment Law write by Tarcisio Gazzini. This book was released on 2012-08-22. International Investment Law available in PDF, EPUB and Kindle. 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.
General International Law in International Investment Law
General International Law in International Investment Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook General International Law in International Investment Law write by Andreas Kulick. This book was released on 2024-05-22. General International Law in International Investment Law available in PDF, EPUB and Kindle. This Commentary systematically and comprehensively examines the various sources of general international law relevant to international investment law and arbitration.
The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals
The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals write by Reza Eftekhar. This book was released on 2021-10-05. The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals available in PDF, EPUB and Kindle. The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals: The Partial Revival of the Localisation Theory? focuses on the largely unexplored role of the host state law in jurisdiction ratione materiae of investment treaty tribunals. Given domestic law’s essential role in subject-matter jurisdiction, and in light of the broader functions of host state law and host state courts, the author argues that the dormant “localisation” theory has been partially revived in contemporary investment treaty law.
