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Book Cover
E-book
Author Tabari, Nima Mersadi

Title Lex Petrolea and International Investment Law : Law and Practice in the Persian Gulf
Published London : Taylor and Francis, 2016

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Description 1 online resource (441 pages)
Series Lloyd's Environment and Energy Law Library
Lloyd's environment and energy law library.
Contents Cover; Title; Copyright; Dedication; TABLE OF CONTENTS; Foreword; Acknowledgements; Abbreviations and symbols; Cases and arbitral awards; International instruments; Municipal instruments; CHAPTER 1 INTRODUCTION; 1.1 Background; Iran; Saudi Arabia; Iraq; Cooperation and competition; Riyadh-Tehran; Baghdad-Tehran; Riyadh-Baghdad; Similar resource endowments and "club memberships"; Organisation of the Petroleum Exporting Countries; Gulf Cooperation Council; Arab League; Organisation of Islamic Cooperation; Dealing with the faithful; Legal risk; National oil companies; Admission of FDI
Domestic litigation v alternative dispute resolutionPolitical and social risk; Attracting foreign investment; International investment law and foreign direct investment in hydrocarbon resources; 1.2 Definitions; On the term "international investment law"; Investment dispute; Investment treaty arbitration; Arbitration without privity; International investment law as a field of legal scholarship; Investment treaty; General rules of international law; Customary international law; General principles of law; Judicial decisions, arbitral awards and doctrines; Common law of investment protection
The Darwinian common law paradigmOn the term "lex petrolea"; 1.3 Scope of the book; 1.4 Outline and methodology of the book; Historical development; Legal pluralism; Common law of investment protection; The common law hypothesis; International law; The compliance hypothesis; The paradox of compliance with double standards; Major hydrocarbon producers as subjects of the study; Working assumptions and goals; CHAPTER 2 INTERNATIONAL INVESTMENT LAW; 2.1 Background; International investment law: A law made for FDI; Early jurisprudence and state-state investment disputes
The Great War and the first wave of nationalisationPermanent Court of Arbitration, ad hoc tribunals and mixed claims commissions; Permanent Court of International Justice; Decolonisation and the second nationalisation wave; Iran-US Claims Tribunal; International Court of Justice; 2.2 Development of the international investment law; Foreign direct investment: Emergence and evolution; FDI in ancient times; FDI and colonial empires; FDI in the modern era; Early investment disputes and their resolution; A law governing all nations for all times; Jus gentium; The Caliphate and the Ummah
Lex mercatoriaConflict of laws; Treatment of aliens; Laws for foreign men and foreign lords; Jizya; Things which belong to men in common; Injury to the state of nationality; Diplomatic protection; Definition and origin; Espousal of diplomatic protection as assertion of the right of the injured state; Diplomatic protection, gunboat diplomacy and capitulation; Colonial stigma; The imminent peril exception; Diplomatic protection as a method of protecting FDI; Evolution of the standard of treatment; Common standard of civilised nations; Calvo doctrine; Calvo clause; Neer standard; Hull rule
Notes Codifying the treatment and protection standards
Print version record
Subject Investments, Foreign -- Law and legislation -- Persian Gulf Region
Petroleum law and legislation -- Persian Gulf Region
Arbitration (International law)
International commercial arbitration.
Investments, Foreign (International law)
Arbitration (International law)
International commercial arbitration
Investments, Foreign (International law)
Investments, Foreign -- Law and legislation
Petroleum law and legislation
Persian Gulf Region
Form Electronic book
ISBN 9781317221340
1317221346