Sovereign Choices And Sovereign Constraints

Author: Gus Van Harten
Publisher: Oxford University Press
ISBN: 0199678642
Size: 14.29 MB
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The role of investment arbitration is a controversial issue, as it is increasingly seen as a system in which private arbitrators adjudicate on the public law decisions of states. This book provides an empirical study of the function of investment arbitration, how it is impacting on international law, and the ways in which it is in need of reform.

Substantive Protection Under Investment Treaties

Author: Jonathan Bonnitcha
Publisher: Cambridge University Press
ISBN: 1316061310
Size: 78.50 MB
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Substantive Protection under Investment Treaties provides the first systematic analysis of the consequences of the substantive protections that investment treaties provide to foreign investors. It proposes a new framework for identifying and evaluating the costs and benefits of differing levels of investment treaty protection, and uses this framework to evaluate the levels of protection for foreign investors implied by different interpretations of the fair and equitable treatment and indirect expropriation provisions of investment treaties. The author examines the arguments and assumptions of both supporters and critics of investment treaties, seeks to test whether they are coherent and borne out by evidence, and concludes that the 'economic' justifications for investment treaty protections are much weaker than is generally assumed. As such, the 'economic' objectives of investment treaties are not necessarily in tension with other 'non-economic' objectives. These findings have important implications for the drafting and interpretation of investment treaties.

The International Law Of Investment Claims

Author: Zachary Douglas
Publisher: Cambridge University Press
ISBN: 0521855675
Size: 28.32 MB
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This book is a codification of the principles and rules relating to the prosecution of investment claims.

Investment Treaty Arbitration And Public Law

Author: Gus Van Harten
Publisher: Oxford University Press on Demand
ISBN: 9780199552146
Size: 19.89 MB
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The recent explosion of investment treaty arbitration marks a revolutionary change in both international and public law, above all because it demonstrates how states have unwittingly privatized key powers of the courts in public law. This book outlines investment treaty arbitration as a public law system, by precisely demonstrating the significance of giving arbitrators comprehensive jurisdiction to decide regulatory disputes between business and state. In doing so, it exposes some startling consequences of transplanting rules of commercial arbitration into the regulatory sphere. First, private arbitrators can award compensation to investors in ways that go well beyond domestic systems of state liability in public law. Second, these awards can be enforced in as many as 165 countries, making them more widely enforceable than other judicial decisions in public law. Third, public law can be interpreted in private as a matter of course, without any appeal to a court to correct errors of law. The conflict between private arbitration and public law poses a serious challenge to open and accountable judging. But the critical flaw of the system - hitherto neglected - is its threat to judicial independence based on security of tenure. Under investment treaties, business claims against the state are decided by privately-contracted adjudicators, who win appointments only as more claims are brought. Thus, as the book explains, the 'judge' has a financial stake in how public law is interpreted and in the outcome of the dispute. While it is laudable to use international adjudication to resolve controversial disputes, the benefits of a global economy are no excuse for corrupting our historic tradition of independent courts.

The Political Economy Of The Investment Treaty Regime

Author: Jonathan Bonnitcha
Publisher: Oxford University Press
ISBN: 0192529838
Size: 53.27 MB
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Investment treaties are some of the most controversial but least understood instruments of global economic governance. Public interest in international investment arbitration is growing and some developed and developing countries are beginning to revisit their investment treaty policies. The Political Economy of the Investment Treaty Regime synthesises and advances the growing literature on this subject by integrating legal, economic, and political perspectives. Based on an analysis of the substantive and procedural rights conferred by investment treaties, it asks four basic questions. What are the costs and benefits of investment treaties for investors, states, and other stakeholders? Why did developed and developing countries sign the treaties? Why should private arbitrators be allowed to review public regulations passed by states? And what is the relationship between the investment treaty regime and the broader regime complex that governs international investment? Through a concise, but comprehensive, analysis, this book fills in some of the many "blind spots" of academics from different disciplines, and is the first port of call for lawyers, investors, policy-makers, and stakeholders trying to make sense of these critical instruments governing investor-state relations.

Sold Down The Yangtze

Author: Gus Van Harten
Publisher: James Lorimer & Company
ISBN: 1459410726
Size: 67.82 MB
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When legal experts finally saw the terms of the investment deal Canada had signed with China, they could hardly believe what their eyes. The deal was unprecedented -- Canada had never given so much away to a trading partner. But Ottawa did not allow a full public review, and ultimately ratified the deal in 2014 with no changes. And the government moved forward with other trade deals that contain many of the same flaws. In this book, investment treaty expert Gus Van Harten offers the first-ever independent take on the details of the China-Canada investment deal and what it means for Canadians. Many of the deal's provisions are so extreme that readers may find it almost impossible to believe that the Canadian government agreed to them. He explains how this agreement, and others like it, give multinational corporations and rich investors superpowers over governments. Secretive courts staffed by private lawyers, not judges, are able to order governments to pay these investors billions for policies and decisions they object to. In simple language and easy to follow analysis, Van Harten offers a window into this secretive and obscure world. He documents the many ways Canadians lose out in the China-Canada deal, and how taxpayers may find themselves footing the bill for billions of dollars to Chinese investors who object to the actions of democratically-elected municipal, provincial and federal governments. This deal -- in place for a minimum 15 years -- includes terms that may well turn up in other trade and investment agreements. Gus Van Harten offers practical steps for a better, more informed public debate on this vital topic.

Searching For Contemporary Legal Thought

Author: Justin Desautels-Stein
Publisher: Cambridge University Press
ISBN: 1108363660
Size: 73.28 MB
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For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles Sabel and William Simon - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture.

The International Law On Foreign Investment

Author: M. Sornarajah
Publisher: Cambridge University Press
ISBN: 1108293611
Size: 40.30 MB
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Following the Trans-Pacific Partnership (TPP) and Transatlantic Trade and Investment Partnership (TTIP), the demonstrations against investor-state arbitration and the wide discussion during the 2016 US presidential election, the climate surrounding foreign investment law is one of controversy and change, and with implications for human rights and environmental protection, foreign investment law has gained widespread public attention and visibility. Addressing the pressing need to examine foreign investment law in the context of public international law, the role of the multinational corporation in foreign investment and issues of liability for environmental and other damage, this new edition analyses contractual and treaty-based methods of investment protection and examines the effectiveness of bilateral and regional investment treaties. By offering thought-provoking analysis of the law in historical, political and economic contexts, this fully updated edition of Sornarajah's classic text captures leading trends and charts the possible course of future developments. Suitable for postgraduate and undergraduate students, The International Law on Foreign Investment is essential reading for anyone specialising in the law of foreign investments.

Does The Constitution Follow The Flag

Author: Kal Raustiala
Publisher: Oxford University Press
ISBN: 0199745668
Size: 67.80 MB
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The Bush Administration has notoriously argued that detainees at Guantanamo do not enjoy constitutional rights because they are held outside American borders. But where do rules about territorial legal limits such as this one come from? Why does geography make a difference for what legal rules apply? Most people intuitively understand that location affects constitutional rights, but the legal and political basis for territorial jurisdiction is poorly understood. In this novel and accessible treatment of territoriality in American law and foreign policy, Kal Raustiala begins by tracing the history of the subject from its origins in post-revolutionary America to the Indian wars and overseas imperialism of the 19th century. He then takes the reader through the Cold War and the globalization era before closing with a powerful explanation of America's attempt to increase its extraterritorial power in the post-9/11 world. As American power has grown, our understanding of extraterritorial legal rights has expanded too, and Raustiala illuminates why America's assumptions about sovereignty and territory have changed. Throughout, he focuses on how the legal limits of territorial sovereignty have diminished to accommodate the expanding American empire, and addresses how such limits ought to look in the wake of Iraq, Afghanistan, and the war on terror. A timely and engaging narrative, Does the Constitution Follow the Flag? will change how we think about American territory, American law, and-ultimately-the changing nature of American power.

Yearbook On International Investment Law And Policy 2014 2015

Author: Andrea K. Bjorklund
Publisher: Oxford University Press
ISBN: 0190612053
Size: 51.69 MB
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Several themes emerge in this 2014-2015 edition of the Yearbook. The first is a notable focus on country and region-specific developments. Different articles focus on key developments in such countries as Australia, Brazil, China, Ghana, India, Indonesia, Russia, and South Africa. Others focus on regional innovations, in particular in Latin America. A second area of attention is reform, and proposals for reform, in investor-state dispute settlement and in investment law generally. The third theme is the continued concern about states' regulatory autonomy and the importance of their retaining ability to protect the interests of their nationals. A fourth theme concerns the continued contribution that investment arbitration makes to the development of international law, and the influence that it is starting to have on other areas of law, whether that is as a source of inspiration in the interpretation of other norms or as a source of potentially powerful persuasive authority given the "teeth" that investment law has with respect to enforcement. Included are the winning memorials of the FDI Moot for both 2014 and 2015. In 2014 a team from the University of Ottawa submitted the winning claimant's memorial, while students from Harvard Law School submitted the winning respondent's memorial. In 2015, Harvard repeated its stellar performance, again winning best respondent's memorial. The winning claimant's memorial in 2015 was submitted by students from the National and Kapodistrian University of Athens. These excellent memorials reveal once again the growing interest of students in international investment law and demonstrate a striving for excellence and an enthusiasm for grappling with intellectually challenging issues.