Search results “Principles international investment law”
International Investment Law - Online short course
Get to grips with the theoretical principles of international investment law – and the challenges it presents in practice. Learn from experienced international lawyers at a top 10 UK law school and specialists practising in the field of international trade law. Capitalise on growing career opportunities for lawyers working in private practice, corporate sector or government organisation anywhere in the world – with all the advantages of distance learning wherever you are located. Find out more: https://www.abdn.ac.uk/study/online/short-courses/international-investment-law.php
International Trade Law and International Investment Law
International trade law and international investment law are largely contained in separate but overlapping legal regimes, but both share the general objectives of providing security and predictability to economic agents and increasing world prosperity by reducing barriers to international flows of goods, services, and investment. This panel will consider whether the international trade and investment law dichotomy appears increasingly anachronistic, or whether each regime is maturing according to complementary principles. Is there a need for greater coherence?
Views: 8289 asil1906
Recalibrating International Investment Law
Keynote address from the "Reforming International Investment Law: Opportunities, Challenges, Paradigms" conference at Boston College Law School. Speakers Chair: Prof. Sebastian Lopez Escarcena, Pontifical Catholic University of Chile Keynote Speaker: Eric de Brabandere, "Recalibrating international investment law - The Communicating Vessels of Investment Protection and Investor Obligations"
Views: 626 BC Law
International Investment Arbitration: Substantive Principles
BOOK REVIEW INTERNATIONAL INVESTMENT ARBITRATION Substantive Principles Second Edition By Campbell McLachlan QC, Laurence Shore and Matthew Weiniger QC ISBN: 978 0 19967 679 8 Oxford University Press www.oup.com OF INTEREST TO INTERNATIONAL LAWYERS AND ARBITRATORS: THE LATEST ARBITRATION TITLE FROM OUP -- NOW IN A NEW SECOND EDITION An appreciation by Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister” Ten years ago, the first edition of this book was the first volume published as part of the then new Oxford Arbitration Series from the Oxford University Press under the editorship of Loukas Mistrelis. Ten years later, what has come to regarded as the authoritative, if not the definitive legal text on international investment arbitration, has been published in a new edition researched and written collaboratively by the three expert authors, each an authority in specific aspects of this rapidly developing field. It is interesting, not to mention reassuring, that they hail respectively from Herbert Smith, Linklaters and Victoria University of Wellington Law School which provided a helpful research grant. They are keen to point out that in 2008, the first edition of this text was described by the judges of the JF Northey Memorial Book Award as ‘a lucidly written text… that will undoubtedly attain international standing.’ Well, it certainly is, you might say – and it certainly has – and the changes made to this new edition offer ample evidence of the speed at which investment arbitration has developed over the last decade, during which time, say the authors, a whole new field of scholarship has emerged. What the book aims to do is to provide ‘a dispassionate analysis of the key substantive principles applicable in investment arbitration’ with a view to assisting disputing parties and their advisors, as well as academics and just possibly, the general public. But this is no mere update, says the series editor. In his preface to this latest edition, he commends the authors for taking account of the substantial developments in this field, both positive and negative, including ‘the emergence of new international treaties.’ He refers quite frankly to the ongoing debate as to the legitimacy of investment arbitration, referring to the so-called backlash. But whatever opinions or attitudes are entertained by the book’s potential readership, the authors tackle this sometimes controversial subject with laudable objectivity. There’s certainly no doubt that the book excels as a research resource. Note the extensive footnoting and check out the eight-page bibliography listing books, reports and articles. And luckily for practitioners and scholars, the book is logically structured and easily navigable. There’s a minutely detailed table of contents, a twenty-seven page index and no less than thirteen appendices, consisting mainly of international treaties and agreements ranging from, for example, the North American Free Trade Agreement … Chapter 11 of the ICSID convention… and finally, World Bank Guidelines on the Treatment of Foreign Direct Investment. Illuminating a complex subject with thoroughness and clarity, this new edition of ‘International Investment Arbitration’ will be welcomed by international lawyers and arbitrators specialising in this field. The publication date is cited as at 2017.
Views: 228 Phillip Taylor
3.3 Introduction to Investor  State Arbitration
This lecture is by Yannick Radi, an Assistant Professor of International Law and a fellow at the Grotius Centre for International Legal Studies and Leiden Law School. Do you want to learn more and practice with the content? You’ll find this online university course for free at coursera.org This video by Leiden University is licensed under a Creative Commons Attribution-NonCommerical-ShareAlike 3.0 Netherlands License (see http://creativecommons.org/licenses/by-nc-sa/3.0/nl/deed.en_US). Contact: [email protected]
Campbell McLachlan discusses International Investment Arbitration
Author Campbell MacLachlan of "International Investment Arbitration: Substantive Principles", discusses the field and the long-awaited second edition of this widely-referenced work on the substantive law principles of investment treaty arbitration. Learn more: http://bit.ly/2eMg8Xz © Oxford University Press
International Investment Law - Overview
Professor Surya Subedi author of the study guide for International Investment Law provides an overview of this course. This course is part of the Postgraduate Laws degree provided by the University of London International Programmes. Find out more at http://www.londoninternational.ac.uk/llm
Views: 2512 PGLawsUoL
IISD Webinars on Investment Law and Policy:  UNCITRAL Process on ISDS Reform
Officials from developing country governments and regional organizations need to access information on developments in international investment law and policy to negotiate better treaties and contracts and to prepare for and manage investment disputes. This is why IISD is hosting a webinar series on investment law and policy for negotiators and officials involved in investment disputes. The first webinar in the series, UNCITRAL Process on ISDS Reform: What to expect at the upcoming working group meeting in New York, took place Tuesday, April 17, 2018, at 15:00 CEST. Learn more about this webinar: http://bit.ly/2KfsNNB
Views: 167 iisdvideo
International Investment Law: Section A - Evolution of the Law of foreign investment
Professor Surya Subedi author of the study guide for International Investment Law, provides an introduction to this section. The course is part of the Postgraduate Laws degree provided by the University of London International Programmes.
Views: 2733 PGLawsUoL
Seminar: The Ne Ultra Petita Principle and International Investment Arbitration - Part 1
Wilmer Cutler Pickering Hale and Dorr LLP and the Investment Treaty Forum at the British Institute of International and Comparative Law (BIICL) on 25 Jan 2018 presented a seminar on the subject of “The ne ultra petita principle and international investment arbitration”. Speakers: Professor Attila Tanzi, Chair of International Law at the University of Bologna, Sir Franklin Berman KCMG QC of Essex Court Chambers and Maurice Mendelson QC of Blackstone Chambers Discussion Chair: Dr. Daniel Costelloe of Wilmer Cutler Pickering Hale and Dorr
International Economic Law Part I: Introduction
Foreign Investment: An Introduction to the Evolving International Investment Regime by Mr. José E. Alvarez
Views: 461 The Future Of
Dr Lorenzo Cotula - International Investment Law from a Global Environmental Law Perspective
Symposium on Global Environmental Law The symposium aimed to discuss whether and to what extent emerging concepts in global environmental law can help shed new light on the evolution and challenges of environmental law across different levels and sectors. The symposium considered the need for a future research agenda for environmental law scholarship, and the form those directions might take, including theoretical and methodological agendas.
Views: 164 Strathclyde SCELG
Canadian Investment Law and Policy in a Global Context: Are we getting it right?
CIGI, in partnership with the University of Ottawa's Faculty of Law and the University of Bern's World Trade Institute, hosted a public panel on Canada's foreign investment policy on April 30, 2015. The discussion focused on understanding the options and challenges for Canada in developing an effective foreign investment policy and helping to inform public debate in Canada on these critical issues. Panelists Eugene Beaulieu, Eugene Beaulieu, Professor of Economics, University of Calgary Howard Mann, Senior International Law Advisor, International Institute for Sustainable Development David Schneiderman, Professor of Law, University of Toronto John Weekes, Senior Business Advisor, Business and Government International Trade Issue and Policy Advisor at Bennett Jones Ottawa Moderator Oonagh Fitzgerald, Director of the International Law Research Program at CIGI
International Investment Arbitration - Online short course
Get to grips with procedural issues in investor-state arbitration when disputes occur in international investment agreements. Learn from highly-qualified lawyers at a top UK law school, and experts practising in the fast-moving and topical field of international arbitration. Take advantage of growing career opportunities for lawyers working in private practice, corporate sector or government organisations anywhere in the world – with all the advantages of distance learning wherever you are located. Find out more: https://www.abdn.ac.uk/study/online/short-courses/international-investment-arbitration.php
✪✪✪✪✪ WORK FROM HOME! Looking for WORKERS for simple Internet data entry JOBS. $15-20 per hour. SIGN UP here - http://jobs.theaudiopedia.com ✪✪✪✪✪ ✪✪✪✪✪ The Audiopedia Android application, INSTALL NOW - https://play.google.com/store/apps/details?id=com.wTheAudiopedia_8069473 ✪✪✪✪✪ What is INTERNATIONAL TRADE LAW? What does INTERNATIONAL TRADE LAW mean? INTERNATIONAL TRADE LAW meaning - INTERNATIONAL TRADE LAW definition - INTERNATIONAL TRADE LAW explanation. Source: Wikipedia.org article, adapted under https://creativecommons.org/licenses/by-sa/3.0/ license. International Trade Law includes the appropriate rules and customs for handling trade between countries. However, it is also used in legal writings as trade between private sectors, which is not right. This branch of law is now an independent field of study as most governments have become part of the world trade, as members of the World Trade Organization (WTO). Since the transaction between private sectors of different countries is an important part of the WTO activities, this latter branch of law is now a very important part of the academic works and is under study in many universities across the world. International trade law should be distinguished from the broader field of international economic law. The latter could be said to encompass not only WTO law, but also law governing the international monetary system and currency regulation, as well as the law of international development. The body of rules for transnational trade in the 21st century derives from medieval commercial laws called the lex mercatoria and lex maritima — respectively, "the law for merchants on land" and "the law for merchants on sea." Modern trade law (extending beyond bilateral treaties) began shortly after the Second World War, with the negotiation of a multilateral treaty to deal with trade in goods: the General Agreement on Tariffs and Trade (GATT). International trade law is based on theories of economic liberalism developed in Europe and later the United States from the 18th century onwards. International Trade Law is an aggregate of legal rules of “international legislation” and new lex mercatoria, regulating relations in international trade. “International legislation” – international treaties and acts of international intergovernmental organizations regulating relations in international trade. lex mercatoria - "the law for merchants on land". Alok Narayan defines "lex mercatoria" as "any law relating to businesses" which was criticised by Professor Julius Stone. and lex maritima - "the law for merchants on sea. Alok in his recent article criticised this definition to be "too narrow" and "merely-creative". Professor Dodd and Professor Malcolm Shaw of Leeds University supported this proposition. In 1995, the World Trade Organization, a formal international organization to regulate trade, was established. It is the most important development in the history of international trade law. The purposes and structure of the organization is governed by the Agreement Establishing The World Trade Organization, also known as the "Marrakesh Agreement". It does not specify the actual rules that govern international trade in specific areas. These are found in separate treaties, annexed to the Marrakesh Agreement. Scope of WTO : (a) provide framework for administration and implementation of agreements; (b) forum for further negotiations; (c) trade policy review mechanism;and (d) promote greater coherence among members economics policies Principles of the WTO: (a) principle of non-discrimination (most-favoured-nation treatment obligation and the national treatment obligation) (b) market access (reduction of tariff and non-tariff barriers to trade) (c) balancing trade liberalisation and other societal interests (d) harmonisation of national regulation (TRIPS agreement, TBT agreement, SPS agreement) The General Agreement on Tariffs and Trade(GATT) has been the backbone of international trade law since 1948 after the charter for international trade had been agreed upon in Havana. It contains rules relating to "unfair" trading practices — dumping and subsidies. Many things impacted GATT like the Uruguay Round and the North American Free Trade Agreement.
Views: 9241 The Audiopedia
Gary Born
Introduction to International Arbitration: A Summary of the Basic Principles and Practices of International Arbitration 290414
Views: 11592 MagnaChartaLaw
Rethinking International Tax Law - 4.2 The arm’s length principle  legal framework
This lecture is part of a Coursera course called 'Rethinking International Tax Law'. It is given by Prof. Dr. Sjoerd Douma from the International Tax Center. Do you want to learn more and practice with the content? You’ll find this online university course for free at https://www.coursera.org/learn/international-taxation. This video by Leiden University is licensed under a Creative Commons Attribution-NonCommerical-ShareAlike 3.0 Netherlands License (see http://creativecommons.org/licenses/b...). Contact: [email protected]
General Principles of Law and International Due Process
Charles Kotuby counsels both private clients and sovereign states in complex global disputes. His U.S.-based practice is focused on government regulation and federal appeals. He has authored briefs in more than a dozen cases before the U.S. Supreme Court and has argued cases concerning federal statutory and constitutional issues before the U.S. Courts of Appeals for the Third, Sixth, and Ninth Circuits. Mr. Kotuby’s global practice is focused on international litigation, commercial and investment arbitration. He has counseled clients in both common and civil law systems, and frequently deals with novel issues of public and private international law. Mr. Kotuby has appeared as counsel in international matters before the U.S. Supreme Court and the Court of Justice of the European Union, and before ICSID and UNCITRAL tribunals. He regularly advises energy and mining clients on investment protections in Latin America, Africa, Southeast and Central Asia, and on maritime issues under the United Nations Convention on the Law of the Sea (UNCLOS). Luke Sobota was previously a partner in the Global Disputes practice group of a leading international law firm. Highlights of his work at Three Crowns include leading the firm’s work for Chevron in its international dispute with Ecuador, including in the pending $9.5 billion UNCITRAL treaty arbitration. Mr. Sobota has also been spearheading a multi-billion-dollar contractual arbitration before the ICC in New York, and has been actively involved in several ICSID investor-state arbitrations involving claims of breach of contract, expropriation, and denial of justice. He also has been advising two sovereign clients on issues of public international law concerning border disputes. He previously worked in the Office of Legal Counsel at the U.S. Department of Justice, where he advised and prepared formal legal opinions for executive branch officials on a range of constitutional, international, and administrative law issues. He has successfully argued cases in U.S. appellate courts and briefed several cases in the U.S. Supreme Court. He teaches a course on global sovereign disputes at American University and is currently writing a monograph on general principles of international law for Oxford University Press. He earned his law degree from the University of Chicago Law School, after which he clerked for the late Chief Justice of the U.S. Supreme Court, William H. Rehnquist.
International Investment Law: Section D - The case-law on the treatment of foreign investment.
Professor Surya Subedi author of the study guide for International Investment Law, provides an introduction to this section. The course is part of the Postgraduate Laws degree provided by the University of London International Programmes.
Views: 1225 PGLawsUoL
Integrating human rights in international investment - UN Forum on Business and Human Rights
2013 UN Forum on Business and Human Rights, 2-4 December Parallel panel: Integrating human rights in international investment policies and contracts Multistakeholder panel followed by interventions from the floor Chaired by Andrea Saldarriaga, Vale Columbia Center on Sustainable International Investment Multistakeholder panel • Renato Torres, Government of Ecuador • Zachary Douglas, Graduate Institute Geneva • Viviane Schiavi, International Chamber of Commerce Commentators: • Samuel Nguiffo, Center for Environment and Development • Elisabeth Tuerk, UN Conference on Trade and Development Expected outcome: Identify key challenges and opportunities for integrating human rights in international investment policies and practices and steps to be taken by States, business and others
Views: 1158 UN Human Rights
LAWSG088: International Law of Foreign Investment // Dr Martins Paparinskis
International law of foreign investment protection, expressed in international treaties and customary law obligations and largely implemented through investor-State arbitration, disciplines and structures the manner in which States treat foreign investments and investor. This module deals with all the relevant aspects of the discipline, including its scope, content of the substantive obligations and exceptions, procedure of investor-State dispute settlement, and conceptual questions raised by the relationship between investment law and other regimes and values in international law. Find out more about this module at: http://www.laws.ucl.ac.uk/study/graduate/llm-programme/llm-taught-modules/lawsg088/
Views: 640 UCL LAWS
International Investment and Alternative Dispute Resolution Conference
Introductions by Dean Rod Smolla, Professor Susan Franck, and UNCTAD's Anna Joubin-Bret, followed by the keynote address from Michael Reisman, Myres S. McDougal Professor of International Law, Yale Law School.
Views: 955 wlulaw
How can I protect my international investments?
In this video, Hussein Haeri a partner at Withers, discusses the options available to protect your international investments. Until relatively recently, the means for you to protect your investments from political risk of state interference were very limited. But there is now another means of political risk protection which will be far more effective in many cases, which are investment treaties. These treaties give foreign investors rights of protection from the states in which they invest and in this video, Hussein discusses the merits and whether investment treaty protection is right for you. If you'd like further information on how we can advise on investment treaty protection, please get in touch by emailing [email protected] or alternatively, please visit: http://www.withersworldwide.com/practice-areas/investment-treaty-arbitration--3
Views: 677 Withersworldwide
PIEL UK Conference 2013 - Surya Subedi - International Investment Law
PIEL UK Conference 2013, 15 March 2013 - Development or Land Grabbing? legal challenges to the global land rush. Keynote Speaker 'International Investment Law: Reconciling Policy and Principle': Prof. Surya Subedi, OBE (University of Leeds)
Views: PIEL UK
Alberto.  International investment
International investment law is the body of international law that regulates the relationship between a state and a foreign investor. It is mainly based on treaties: there are nowadays approximately 3000 investment treaties. It is part of public international law, but dispute settlement occurs mainly through commercial arbitration, either UNCITRAL, ICSID, PCA or other arbitration rules. This field of law is very chaotic: the multiplicity of treaties and forums make impossible any legal certainty.
International Investment Law: Section B - International Efforts to regulate foreign investment
Professor Surya Subedi author of the study guide for International Investment Law, provides an introduction to this section. The course is part of the Postgraduate Laws degree provided by the University of London International Programmes.
Views: 1070 PGLawsUoL
Views: 119 Afryea Cox
Practicing Private International Law
September 27 - Practicing Private International Law: Two panelists talk about their respective careers in international law. Lin Chua, LLM '00, is currently the Managing Director at GE Capital and has lead a global team on a number of deals. Christian Broadbent, LLM '99, worked as an associate at two large firms before joining the SEC where he has held a number of positions and is currently Senior Counsel to Commissioner Elisse B. Walter, and focuses on regulatory reform, investment management, ethics, and enforcement issues.
International Investment Dispute Settlement
A panel discussion on Developments in International Investment Dispute Settlement - EU and Israeli Perspectives הכנס נערך ע״י ביה״ס למשפטים של המרכז האקדמי כרמל, בשיתוף IASEI - The Israeli Association for the Study of European Integration, and the Friedrich-Ebert-Stiftung. Speakers: Dr. Freya Baetens, Leiden University https://youtu.be/_n26NxOqK8w Prof. Yoram Haftel, Hebrew University https://youtu.be/rvy7omjrfZc Discussants: Prof. Arie Reich, Bar Ilan University https://youtu.be/97XVPYbMP6c Adv. Shai Sharvit, ICC Israel, S. Sharvit, Law Offices https://youtu.be/sjG_PMTgQEs Panel Discussion (Q&A): https://youtu.be/2b5ZImwPXFs
Bonnitcha: A Solution in search of a problem
Jonathan Bonnitcha discusses key issues and conclusions from his new book, Substantive Protection under Investment Treaties: a Legal and Economic Analysis (Cambridge University Press 2014). To learn more, other recommended readings on this topic include: Emma Aisbett, Larry Karp and Carol McAusland, ‘Compensation for Regulatory Taking in International Investment Agreements: Implications of National Treatment and Rights to Invest’ (2010) 1 Journal of Globalization and Development 1 Jonathan Bonnitcha and Emma Aisbett, ‘An Economic Analysis of the Substantive Protections Provided by Investment Treaties’ in Sauvant K (ed), Yearbook on International Investment Law & Policy 2011–2012 (Oxford University Press 2013) Joseph Stiglitz, ‘Regulating Multinational Corporations: Towards Principles of Cross-Border Legal Frameworks in a Globalized World Balancing Rights with Responsibilities’ (2008) 23 American University International Law Review 451
Lex Petrolea and internationalInvestment Law
BOOK REVIEW LEX PETROLEA AND INTERNATIONAL INVESTMENT LAW: LAW AND PRACTICE IN THE PERSIAN GULF By Nima Mersadi Tabari ISBN: 978 1 13865 649 9 (book) 978 1 31562 188 3 (ebook) INFORMA LAW FROM ROUTLEDGE TAYLOR & FRANCIS GROUP LLOYD’S ENVIRONMENT AND ENERGY LAW LIBRARY www.informa.com LEX PETROLEA – A MEANS OF RESOLUTION IN TRANSNATIONAL HYDROCARBON DISPUTES? An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers The title of this new book from Informa Law from Routledge and the Taylor and Francis Group -- including the subtitle – is, for the most part, self-explanatory, especially if you have a smattering of Latin – of which the author, Nima Mersadi Tabari, is evidently very fond. Commendably, the book started life as a doctoral thesis researched by Tabari under the supervision of Professor Terence Daintith at the Institute of Advanced Legal Studies at the University of London. Now revised and expanded, it explores an area of research that is quite original -- and in today’s global marketplace -- much needed. The focus is of course on the complex and important linkages between Lex Petrolea (‘oil law’ if you will) and international investment. There are a number of reasons why all, or most lawyers should read this book – and not just lawyers specialising in the oil industry or in investment law. International lawyers in general will be reminded, in the words of the author, that ‘modern man’s prosperity, progress and mobility are heavily indebted to utilising hydrocarbon resources for energy.’ The point is also made that recent oil price rises have not undermined demand and that therefore ‘speculators will continue to see petroleum as an avenue to hedge investment risks.’ Moreover, oil and gas are together seen as a strategic commodity, playing a pivotal role in world security and thus a tool of political influence worldwide. What drives and inspires this book are the political, social and economic realities of the major oil producers, primarily Iran, Iraq and Saudi Arabia. There is a separate chapter on each, featuring insights on historical and political influences followed by details of investment law in each region. For example, the legal regime in Saudi Arabia governing oil and gas is scrutinised in the sections on King and Constitution, Council of Ministers, Consultative Council, Judiciary and of course, investment law, within the Saudi foreign investment framework. But what then, is Lex Petrolea exactly? Rest assured that it is discussed in detail in the book’s third chapter and emerges as a concept rather than as a current and workable reality, as the author undertakes the -- in his view -- the ‘cumbersome’ task of identifying and defining it. It is nonetheless referred to as a trans-national legal framework inspired by the medieval Lex Mercatoria, or ‘Law Merchant’ adopted by European merchants, faced then as now, by ‘the inadequacy’ (as the author puts it) of local legal systems in dealing with transnational trade. Conceivably, Lex Petrolea can be applied in the twenty-first century as a means of dispute resolution along with applicable laws relevant to hydrocarbon disputes. Legal researchers, as well as arbitrators and mediators wishing to follow the development of this old-but-new approach to dispute resolution in this complex area of law will welcome the wealth of references in the extensive footnoting throughout and the lengthy (28-page) bibliography. Also note the lists of cases and arbitral awards and international and municipal instruments. This first edition has a publication date cited as at 2017.
Views: 205 Phillip Taylor
LAWSG166: EU Trade and External Relations Law // Professor Piet Eeckhout
The first part of EU Trade and External Relations Law studies the EU’s international trade and investment policies. The EU’s competences in this field are exclusive. It is a full member of the WTO, operates a sophisticated trade policy (the ‘common commercial policy’), and concludes many trade agreements. It is in the process of articulating its own international investment policies. We will look at the foundations of these policies in the EU’s Treaties, including the scope of the EU’s competences; at the EU’s role in the WTO, including its participation in WTO dispute settlement; at the main instruments of the EU’s commercial policy, including anti-dumping and anti-subsidy; at the EU’s network of trade agreements; and at its fledgling policy on foreign direct investment. The second part of the module examines other areas of the EU’s external relations, such as the Common Foreign and Security Policy (including counter-terrorism and economic and financial sanctions). It further looks at a number of horizontal issues. The main such issue concerns the interaction and interrelationship between EU law and international law. Other questions concern the EU’s treaty-making practice, which is often characterised by joint action by the EU and its Member States, leading to so-called mixed agreements. This joint action is governed by a strong duty of cooperation. The module will conclude by summing up the role which ‘the law’ plays in how the EU develops as an international actor.
Views: 1854 UCL LAWS
Prof. Dr. Joongi Kim - Application of Estoppel Principles in Int. Investment Arbitration Tribunals
الجلسة الرابعة التحكيم المؤسسي في تسوية المنازعات بين الدول والمستثمرين Session 4 : Institutional Arbitration and the Settlement of Investor-State Disputes تطبيق مبدأ المنع القانوني من قبل هيئات التحكيم في منازعات الاستثمار الدولية سعادة أ. د. كيم جونجي، أستاذ القانون بجامعة يونسي، كوريا الجنوبية The application of Estoppel Principles in International Investment Arbitration Tribunals - Prof. Dr. Joongi Kim, Professor of Law, Yonsei Law School, Korea
Bilateral Investment Treatment Claims
BOOK REVIEW BILATERAL INVESTMENT TREATY CLAIMS The Essentials By Khawar Qureshi QC ISBN: 978 0 85490 194 4 WILDY, SIMMONDS & HILL PUBLISHING Wildy’s Legal Handbook Series www.wildy.com A PRACTICAL SHORT STATEMENT ON THE ESSENTIALS OF BILATERAL INVESTMENT TREATY (BIT) CLAIMS An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers The author, Khawar Qureshi QC, begins this excellent short work with the following statement: “there has been a huge increase in Investment Treaty based arbitration claims against States in recent years”. To fill the gap, Qureshi has written this title in the Wildy’s Legal Handbook series. BIT disputes are continuing to expand rapidly as a high-profile area of international litigation so the appearance of the handbook now is most welcome. “Bilateral Investment Treaty Claims” is specifically for practitioners and State legal advisers who need to identify and understand the key elements which underpin BIT based claims by reference to the leading arbitral decisions from ICSID and UNCITRAL Investment Treaty Tribunals. Christoph Schreuer and Rudolf Dolzer, writing in the Foreword say that their significance is usually discussed in terms of the impact on investment streams and thus economic development. They go on to say that “a frequently overlooked aspect of BITs is their effect on international relations”. It is therefore to the international aspect that this book dwells. Diplomatic protection “by the investor’s State of nationality” (a convenient way of dealing with a jurisdiction issue) has been exercised because of often “ill-defined principles” and was therefore a frequent source of irritation and discord. However, with the creation of legal rules in a hitherto largely unregulated area, BITs have “depoliticized disputes and brought a measure of legal security”. Schreuer and Dolzer conclude that “in the presence of objective treaty standards supported by an effective investor-State dispute settlement mechanism, the host state and the investor’s home State are less likely to be drawn into investment disputes.” They also comment that the handbook is a “most useful manual for practitioners and students alike. It offers a practice-oriented review of the most important features of BITs and their application by tribunals”. Hopefully, many readers will be familiar with BITs so the initial four chapters of the work give a useful background to BITs and their key features plus a checklist for practitioners contemplating or involved in a claim under a BIT. The penultimate chapter describes additional considerations, citing leading case law dealing with the scope for preliminary measures in BIT cases, abuse of process and illegality and there are two excellent and detailed annexes. The author has generously donated all royalties to the Bar Benevolent Fund. It is a most useful new manual from Wildy for both students and practitioners alike. What we particularly liked was the “practice-orientated overview” of the most important features of BITs and their application by tribunals to give us a refreshing insight into this developing area of international law. The current law is as stated at January 2016
Views: 59 Phillip Taylor
Protection of Foreign Investment
Doug Jones, head of the International Arbitration group at Clayton Utz, discusses the emerging field of foreign investment protection and the key issues and pointers that all organisations should be aware of when they are structuring their overseas investments.
Views: 898 Clayton Utz
Panel II: Procedural Principles of International Water Law
Panel II: Procedural Principles of International Water Law and the Resolution of Transboundary Freshwater Disputes - Chair: Prof. Jutta Brunnée (University of Toronto) - Speakers: Prof. Attila Tanzi (University of Bologna), Prof. Owen McIntyre (University College Cork), Judge Awn Al-Khasawneh (Doughty Street Chambers) More information: www.mpi.lu/news-and-events/latest-news/detail/detail/international-conference-a-bridge-over-troubled-waters-dispute-resolution-in-the-law-of-internati/