| Description |
1 online resource |
| Series |
European yearbook of international economic law. EYIEL monographs ; volume 11 |
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European yearbook of international economic law. EYIEL monographs ; v. 11.
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| Contents |
Intro -- Preface/Acknowledgments -- Contents -- Abbreviations -- Chapter 1: Introduction -- Chapter 2: Theoretical Background in Connection with the Study of Foreign Investor Misconduct in International Investment Law -- 2.1 Introduction -- 2.2 The Emergence of Modern International Investment Law -- 2.2.1 The Foundation of Modern International Investment Law and Its Distinguishable Features -- 2.2.1.1 Historical Roots -- 2.2.1.2 Comparison to FCN Treaties -- 2.2.1.3 Distinguishable Features of Current IIAs |
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2.2.2 The Process of Intellectual Elaboration on Current International Investment Law -- 2.2.3 The Processes of Creating Legally Binding Norms of International Investment Law -- 2.3 The Practice of International Investment Law -- 2.3.1 Case Law: Its Value and an Appropriate Mechanism to Refer to Earlier Decisions -- 2.3.2 Applicable Law in Treaty-Based Investment Arbitration -- 2.3.2.1 Specification of Treaty-Based International Investment Arbitration in View of the Choice of Law -- 2.3.2.2 Application of International and National Law in Conjunction with the Applicable IIA |
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2.4 Systemic Approach to the Practice of International Investment Law -- 2.5 Ways to Implement Changes Into Current International Investment Law -- 2.5.1 Development of International Investment Law -- 2.5.2 Transformation of International Investment Law -- 2.6 Interim Conclusion -- Chapter 3: The Explicit and Implicit (Inherent) Potential of International Investment Law to Address Foreign Investor Miscondu ... -- 3.1 Introduction -- 3.2 ̀Legal Consequences of Individuals ́Misconduct:́ Meaning and Scope of the Notion -- 3.2.1 An Understanding of the Term ̀Legal Consequenceś |
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3.2.2 Notion of ̀Individuals ́Misconduct ́ -- 3.3 Individuals ́Misconduct from the Perspective of General International Law -- 3.3.1 The Placement of Individuals Within General International Law -- 3.3.2 Existence of Direct Obligations by Individuals -- 3.3.3 Legal Consequences for Non-Fulfilment of Requirements Determined by Individuals ́Conduct -- 3.3.4 Abusive and Fraudulent Actions by Individuals in Acquiring a Legal Status, Procedural or Material Rights -- 3.3.4.1 Good Faith in International Law |
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3.3.4.2 Distinction Between Satisfaction of a Criterion Not in Good Faith and an Abuse in the Realisation of Claimed Rights -- 3.3.4.3 Application of the Good Faith Principle to Individuals -- 3.3.5 Case Law Examples -- 3.4 Negative Legal Consequences of Foreign Investor Misconduct Under International Investment Law -- 3.4.1 Position of Foreign Investors as Intended by the Drafters of IIAs -- 3.4.2 Examination of the Legal Provisions of International Investment Law -- 3.4.2.1 Material Provisions -- 3.4.2.2 Procedural Provisions |
| Summary |
This book examines the issue of foreign investor misconduct in modern international investment law, focusing on the approach that international investment law as it currently operates has developed towards foreign investor misconduct. The term misconduct is not a legal notion, but is used to describe a certain phenomenon, namely, a group/class of actions. This term is convenient since it makes it possible to introduce and describe the phenomenon as such, without a division into concrete types of conduct, like abuse of process, violation of national law, corruption, investment contrary to international norms and standards, etc. The term misconduct is intended to embrace various kinds of conduct on the part of foreign investors that the system of international investment law does not accept such as that which it regards as illegal, against public policy, or otherwise inappropriate and triggers legal consequences. Rarely, however, does international investment law clearly articulate what it considers unacceptable investor conduct, and certainly not in any systematic fashion. As such, this book addresses the following questions: What types of investors conduct are legally unacceptable? What mechanisms are available to deal with unacceptable investors conduct, and what are the legal consequences? |
| Bibliography |
Includes bibliographical references |
| Notes |
Online resource; title from PDF title page (SpringerLink, viewed January 26, 2021) |
| Subject |
Investments, Foreign (International law)
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Investments, Foreign (International law)
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| Form |
Electronic book
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| ISBN |
3030548554 |
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9783030548551 |
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