| Description |
1 online resource (xviii, 417 pages) : illustrations |
| Series |
Routledge research in international economic law |
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Routledge research in international economic law.
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| Contents |
Developments in IIA treaty-making / Andrew Newcombe -- The evolution of IIA practice in Canada and the United States / Céline Lévesque and Andrew Newcombe -- The evolving role of the European Union in IIA treaty-making / Armand de Mestral -- The evolution of Chinese approaches to IIAs / Chunbao Liu -- A quantitative perspective on trends in IIA rules / Mark S. Manger -- The costs and benefits of IIAs to developing countries : an economic perspective / Amrita Ray Chaudhuri and Hassan Benchekroun -- Investment provisions in regional trade agreements : a more efficient solution? / Armand de Mestral and Alireza Falsafi -- Increasing use of alternative dispute resolution in IIAs / Céline Lévesque -- Is it necessary to avoid substantive and procedural overlaps with other agreements in IIAs? / Andreas R. Ziegler -- Corporate investors' international legal personality and their accountability for human rights violations under IIAs / Patrick Dumberry -- Investor misconduct / Andrew Newcombe -- Balancing IIA arbitration through the use of counterclaims / Helene Bubrowski -- Issues of corporate nationality in investment arbitration / Jean-François Hébert -- Enhancing the legitimacy of international investment law by establishing an appellate mechanism / Debra P. Steger -- The use of general exceptions in IIAs : increasing legitimacy or uncertainty? / Andrew Newcombe -- Sustainable development and IIAs : from objective to practice / Markus W. Gehring and Avidan Kent -- Direct taxation, tax treaties and IIAs : mixed objectives, mixed results / Martha O'Brien and Kim Brooks -- The impact of international law on IIA interpretation / August Reinisch -- The contribution of international investment law to public international law / Armand de Mestral |
| Summary |
"In recent years, the world has witnessed the coming of age of international investment law. The numbers are telling with over 2600 bilateral investment treaties, over 462 free trade, customs unions and other economic partnership agreements notified to the WTO, with 276 being in force, an increasing number of which include investment chapters, and over 350 known investor-State treaty-based arbitrations. This phenomenon has not left many untouched as over 175 States have signed international investment agreements (IIAs) and at least 81 governments have faced investment treaty arbitrations. The regime, however, has not been without criticisms. The main criticisms being: that IIAs do not fulfil their great bargain the promotion of investment, while they effectively protect powerful economic interests; that IIAs protect investor's rights over the public interest of the host country; that the dispute settlement system put in place by IIAs lacks legitimacy due to the fundamentally ad hoc nature of investor-State arbitration; and that the complexity and cost of the system are out of control. This book takes stock of developments in international investment law and analyzes potential solutions to some of these criticisms from the perspective of international public policy, in negotiations, substantive obligations and dispute resolution. The book is prepared by a group of scholars and practitioners from Canada and Europe. It takes a multidisciplinary approach to the subject, with analysis from the legal, political and economic perspectives. The first part of the book traces the evolution in IIA treaty-making and provides an evaluation from a political economy and economics perspective. The other three parts are organised around the concepts of efficiency, legitimacy and sustainability. Each contributor analyzes one or more issues of treaty negotiation, substance or dispute resolution, with the ultimate aim of improving IIA treaty-making in these respects."-- Provided by publisher |
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"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 Trade Law, Business and Economics"-- Provided by publisher |
| Bibliography |
Includes bibliographical references (pages 376-409) and index |
| Notes |
Print version record |
| Subject |
Investments, Foreign -- Economic aspects
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Investments, Foreign -- Government policy
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Investments, Foreign -- Law and legislation.
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Investments, Foreign -- Political aspects.
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Investments, Foreign -- Economic aspects.
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Investments, Foreign -- Government policy.
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Investments, Foreign -- Law and legislation.
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Investments, Foreign -- Political aspects.
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LAW -- Commercial -- International Trade.
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LAW -- General.
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LAW -- International.
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LAW -- Securities.
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| Form |
Electronic book
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| Author |
De Mestral, Armand L. C.
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Lévesque, Céline.
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| ISBN |
0203107098 |
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1136260668 |
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1136260706 |
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1136260714 |
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1138843385 |
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1299141285 |
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9780203107096 |
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9781136260667 |
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9781136260704 |
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9781136260711 |
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9781138843387 |
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9781299141285 |
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