Business & Economics

The Political Economy of the Investment Treaty Regime

Author: Jonathan Bonnitcha,Lauge N. Skovgaard Poulsen,Michael Waibel

Publisher: Oxford University Press

ISBN: 0192529838

Category: Business & Economics

Page: 336

View: 7540

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.
Business & Economics

The Political Economy of the Investment Treaty Regime

Author: Jonathan Bonnitcha,Lauge N. Skovgaard Poulsen,Michael Waibel

Publisher: Oxford University Press

ISBN: 019871954X

Category: Business & Economics

Page: 352

View: 2831

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.
Business & Economics

The Political Economy of the Investment Treaty Regime

Author: Jonathan Bonnitcha,Lauge N. Skovgaard Poulsen,Michael Waibel

Publisher: Oxford University Press

ISBN: 0191030244

Category: Business & Economics

Page: 336

View: 3519

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.
Business & Economics

Bounded Rationality and Economic Diplomacy

The Politics of Investment Treaties in Developing Countries

Author: Lauge N. Skovgaard Poulsen

Publisher: Cambridge University Press

ISBN: 1107119537

Category: Business & Economics

Page: 264

View: 9561

Examines how developing countries often sign up to highly potent rules underwriting economic globalisation without even realising it.
Law

The Impact of Investment Treaty Law on Host States

Enabling Good Governance?

Author: Mavluda Sattorova

Publisher: Bloomsbury Publishing

ISBN: 1509901981

Category: Law

Page: 232

View: 2956

Traditionally, international investment law was conceptualised as a set of norms aiming to ensure good governance for foreign investors, in exchange for their capital and know-how. However, the more recent narratives postulate that investment treaties and investor–state arbitration can lead to better governance not just for foreign investors but also for host state communities. Investment treaty law can arguably foster good governance by holding host governments liable for a failure to ensure transparency, stability, predictability and consistency in their dealings with foreign investors. The recent proliferation of such narratives in investment treaty practice, arbitral awards and academic literature raises questions as to their juridical, conceptual and empirical underpinnings. What has propelled good governance from a set of normative ideals to enforceable treaty standards? Does international investment law possess the necessary characteristics to inspire changes at the national level? How do host states respond to investment treaty law? The overarching objective of this monograph is to unpack existing assumptions concerning the effects of international investment law on host states. By combining doctrinal, empirical, comparative analysis and unveiling the emerging 'nationally felt' responses to international investment norms, the book aims to facilitate a more informed understanding of the present contours and the nature of the interplay between international investment norms and national realities.
Law

Judicial Acts and Investment Treaty Arbitration

Author: Berk Demirkol

Publisher: Cambridge University Press

ISBN: 1107198461

Category: Law

Page: 300

View: 1031

A study of state responsibility for acts committed in the course of different stages of adjudicatory process.
Business & Economics

The Clash of Globalizations

Essays on the Political Economy of Trade and Development Policy

Author: Kevin P. Gallagher

Publisher: Anthem Press

ISBN: 0857283278

Category: Business & Economics

Page: 170

View: 6608

Authored by one of the leading scholars of German Indology, “Fortified Cities in Ancient India” offers a comparative exploration of the development of towns and cities in ancient India. Based on in-depth textual and archeological research, Professor Dieter Schlingloff’s work presents for the first time the striking outcomes of intertwining data garnered from a wide range of sources. This volume scrutinizes much of the established knowledge on urban fortifications in South Asia, advancing new conceptions based on an authoritative, far-reaching study.
Law

Foreign Investment and Dispute Resolution Law and Practice in Asia

Author: Vivienne Bath,Luke Nottage

Publisher: Routledge

ISBN: 1136581057

Category: Law

Page: 296

View: 5656

This book considers foreign investment flows in major Asian economies. It critically assesses the patterns and issues involved in the substantive law and policy environment which impact on investment flows, as well as the related dispute resolution law and practice. The book combines insights from international law and comparative study and is attentive to the socio-economic contexts and competing theories of the role of law in Asia. Contributions come from both academics with considerable practical expertise and legal practitioners with strong academic backgrounds. The chapters analyze the law and practice of investment treaties and FDI regimes in Asia looking specifically at developments in Japan, India, China, Indonesia, Malaysia, Korea and Vietnam. The book explores the impact of the Asian Financial Crisis in the late 1990s and the Global Financial Crisis a decade later, examining actual trends and policy debates relating to FDI and capital flows in Asia before and after those upheavals. Foreign Investment and Dispute Resolution: Law and Practice in Asia is a valuable resource for practitioners, academics and students of International and Comparative Law, Business and Finance Law, Business, Finance and Asian Studies.
Law

Improving International Investment Agreements

Author: Armand De Mestral,Céline Lévesque

Publisher: Routledge

ISBN: 1136260706

Category: Law

Page: 420

View: 5550

This book presents the reflections of a group of researchers interested in assessing whether the law governing the promotion and protection of foreign investment reflects sound public policy. Whether it is the lack of "checks and balances" on investor rights or more broadly the lack of balance between public rights and private interests, the time is ripe for an in-depth discussions of current challenges facing the international investment law regime. Through a survey of the evolution in IIA treaty-making and an evaluation from different perspectives, the authors take stock of developments in international investment law and analyze potential solutions to some of the criticisms that plague IIAs. The book takes a multidisciplinary approach to the subject, with expert analysis from legal, political and economic scholars. The first part of the book traces the evolution of IIA treaty-making whilst the other three parts are organised around the concepts of efficiency, legitimacy and sustainability. Each contributor analyzes one or more issues related to substance, treaty negotiation, or dispute resolution, with the ultimate aim of improving IIA treaty-making in these respects. Improving International Investment Agreements will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.
Law

Substantive Protection under Investment Treaties

Author: Jonathan Bonnitcha

Publisher: Cambridge University Press

ISBN: 1107042410

Category: Law

Page: 432

View: 5079

This book seeks to determine the level of substantive protection that investment treaties should provide to foreign investment.
Political Science

The EU in the Global Investment Regime

Commission Entrepreneurship, Incremental Institutional Change and Business Lethargy

Author: Johann Robert Basedow

Publisher: Routledge

ISBN: 1351621564

Category: Political Science

Page: 262

View: 1446

The European Union (EU) has emerged as a key actor in the global investment regime since the 1980s. At the same time, international investment policy and agreements, which govern international investment liberalisation, treatment and protection through investor-to-state dispute settlement, have become increasingly contentious in the European public debate. This book provides an accessible introduction to international investment policy and seeks to explain how the EU became an actor in the global investment regime. It offers a detailed analysis of the EU’s participation in all major trade and investment negotiations since the 1980s and EU-internal competence debates to identify the causes behind the EU’s growing role in this policy domain. Building on principal-agent and historical institutionalist models of incremental institutional change, the book shows that Commission entrepreneurship was instrumental in the emergence of the EU as a key actor in the global investment regime. It refutes business-centred liberal intergovernmental explanations, which suggest that business lobbying made the Member States accept the EU’s growing role and competence in this domain. The book lends support to supranational and challenges intergovernmental thinking on European Integration. This text will be of key interest to scholars, students and practitioners of European and regional integration, EU foreign relations, EU trade and international investment law, business lobbying, and more broadly of international political economy.
Law

The Effect of Treaties on Foreign Direct Investment

Bilateral Investment Treaties, Double Taxation Treaties, and Investment Flows

Author: Karl P Sauvant,Lisa E Sachs

Publisher: Oxford University Press

ISBN: 0199745188

Category: Law

Page: 800

View: 3215

Over the past twenty years, foreign direct investments have spurred widespread liberalization of the foreign direct investment (FDI) regulatory framework. By opening up to foreign investors and encouraging FDI, which could result in increased capital and market access, many countries have improved the operational conditions for foreign affiliates and strengthened standards of treatment and protection. By assuring investors that their investment will be legally protected with closed bilateral investment treaties (BITs) and double taxation treaties (DTTs), this in turn creates greater interest in FDI.
Law

Shifting Paradigms in International Investment Law

More Balanced, Less Isolated, Increasingly Diversified

Author: Steffen Hindelang,Markus Krajewski

Publisher: Oxford University Press

ISBN: 0191058289

Category: Law

Page: 430

View: 2536

International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime. Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers. The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from Europe, South Africa, the Pacific Rim Region, and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.
Law

The WTO and International Investment Law

Converging Systems

Author: Jürgen Kurtz

Publisher: Cambridge University Press

ISBN: 1107009707

Category: Law

Page: 326

View: 4446

Jürgen Kurtz provides a theoretically grounded and doctrinally tractable framework to understand the relationship between international trade and investment law.

Globalization and International Investment

Author: Fiona Beveridge

Publisher: Taylor & Francis

ISBN: 1351933051

Category:

Page: N.A

View: 4369

This volume brings together a broad range of articles on international law and foreign investment which together provide a contemporary overview of the diverse range of issues and perspectives which continue to exercise policy-makers and scholars alike. Central to this collection is the tension between market-oriented reforms on the one hand, raising issues of market access and protection of investors, and corporate social responsibility discourses on the other, raising concerns about environmental protection and respect for human and labour rights. Regional perspectives on these issues reveal differing priorities and approaches.

The Rise of Investor-State Arbitration

Politics, Law, and Unintended Consequences

Author: Taylor St John

Publisher: Oxford University Press

ISBN: 0198789912

Category:

Page: 320

View: 5834

Today, investor-state arbitration embodies the worst fears of those concerned about runaway globalization - a far cry from its framers' intentions. Why did governments create a special legal system in which foreign investors can bring cases directly against states? This book takes readersthrough the key decisions that created investor-state arbitration, drawing on internal documents from several governments and extensive interviews to illustrate the politics behind this new legal system.The corporations and law firms that dominate investor-state arbitration today were not present at its creation. In fact, there was almost no lobbying from investors. Nor did powerful states have a strong preference for it. Nor was it created because there was evidence that it facilitates investment- there was no such evidence.International officials with peacebuilding and development aims drove the rise of investor-state arbitration. This book puts forward a new historical institutionalist explanation to illuminate how the actions of these officials kicked off a process of gradual institutional development. While theseofficials anticipated many developments, including an enormous caseload from investment treaties, over time this institutional framework they created has been put to new purposes by different actors. Institutions do not determine the purposes to which they may be put, and this book's analysisillustrates how unintended consequences emerge and why institutions persist regardless.
Business & Economics

China and International Investment Law

Twenty Years of ICSID Membership

Author: Wenhua Shan,Jinyuan Su

Publisher: Martinus Nijhoff Publishers

ISBN: 9004279636

Category: Business & Economics

Page: 450

View: 9664

The first volume in the Silk Road Studies in International Economic Law Series, China and International Investment Law: Twenty Years of ICSID Membership examines cutting-edge issues of international investment law and arbitration in interaction with China, the second largest economy of the world.
Law

Interpretation of International Investment Treaties

Author: Tarcisio Gazzini

Publisher: Bloomsbury Publishing

ISBN: 1782255664

Category: Law

Page: 424

View: 1985

This book offers a systematic study of the interpretation of investment-related treaties – primarily bilateral investment treaties, the Energy Charter Treaty, Chapter XI NAFTA as well as relevant parts of Free Trade Agreements. The importance of interpretation in international law cannot be overstated and, indeed, most treaty claims adjudicated before investment arbitral tribunals have raised and continue to raise crucial and often complex issues of interpretation. The interpretation of investment treaties is governed by the Vienna Convention on the Law of Treaties (VCLT). The disputes relating to these treaties, however, are rather peculiar as they place multinational companies (or natural person) in opposition to sovereign governments. Fundamental questions dealt with in the study include: Are investment treaties a special category of treaty for the purpose of interpretation? How have the rules on interpretation contained in the VCLT been applied in investment disputes? What are the main problems encountered in investment-related disputes? To what extent are the VCLT rules suited to the interpretation of investment treaties? Have tribunals developed new techniques concerning treaty interpretation? Are these techniques consistent with the VCLT? How can problems relating to interpretation be solved or minimised? How creative have arbitral tribunals been in interpreting investment treaties? Are States capable of keeping effective control over interpretation?
Law

Arbitrating the Conduct of International Investors

Author: Jose Daniel Amado,Jackson Shaw Kern,Martin Doe Rodriguez

Publisher: Cambridge University Press

ISBN: 1108415725

Category: Law

Page: N.A

View: 5283

This volume shows how investment arbitration may be reformed to achieve both increased investment flows and improved access to justice.
Business & Economics

Foreign Direct Investment and Human Development

The Law and Economics of International Investment Agreements

Author: Olivier De Schutter,Johan F. M. Swinnen,Jan Wouters

Publisher: Routledge

ISBN: 0415535484

Category: Business & Economics

Page: 347

View: 7482

The effect on developing countries of the arrival of foreign direct investment (FDI) has been a subject of controversy for decades in the development community. The debate over the relationship between FDI in developing countries and the progress of these countries towards human development is an ongoing and often heated one.Adopting an interdisciplinary perspective combining insights from international investment law, human rights law and economics, this book offers an original contribution to the debate. It explores how improvements...