International Investment Law and the Global Financial Architecture

International Investment Law and the Global Financial Architecture PDF

Author: Christian J. Tams

Publisher: Edward Elgar Publishing

Published: 2017-02-24

Total Pages: 384

ISBN-13: 1785368885

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This book explores whether investment law should protect against such regulatory measures, including where these have the support of multilateral institutions. It considers where the line should be drawn between legitimate regulation and undue interference with investor rights and, equally importantly, who draws it.

International Investment Law and the Global Financial Architecture

International Investment Law and the Global Financial Architecture PDF

Author: Christian J. Tams

Publisher:

Published: 2019

Total Pages: 22

ISBN-13:

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The global crises of the early 21st century that have tested the international financial architecture. In seeking to ensure stability, governments have regulated financial and capital markets. This in turn has implicated international investment law, which investors have invoked as a shield against debt restructuring, bail-ins or bail-outs. Serving as an introduction to a book project on International Investment Law and the Global Financial Architecture, and summarizing its contributions, the paper maps out the interactions between international investment law and international financial regulation and considers how to conceptualize and draw the line between legitimate financial regulation and re-regulation for the protection of macro-economic stability and undue interference with investor rights.

An Introduction to International Investment Law

An Introduction to International Investment Law PDF

Author: David Collins

Publisher: Cambridge University Press

Published: 2023-02-09

Total Pages: 385

ISBN-13: 1009245708

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This insightful and accessible introduction provides students and practitioners with a comprehensive overview of the increasingly important discipline of international investment law. Focusing primarily on the legal principles contained in the growing body of international investment agreements, this book covers the core concepts of the discipline, with attention given to their relation to each other and to the manner which they have developed through arbitration case law. The context of each legal principle is explored, along with a consideration of some of the major debates and emerging criticisms. Avoiding extensive case extracts, this book adopts an engaging and succinct narrative style which allows readers to advance their understanding of the topic while examining the legal principles with academic rigour and discerning commentary.

International Investment Law and Development

International Investment Law and Development PDF

Author: Stephan W. Schill

Publisher: Edward Elgar Publishing

Published: 2015-12-18

Total Pages: 488

ISBN-13: 1784711357

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International investment law has often been seen as an obstacle to sustainable development. While the connections between investment and development are plain, for a long time there has been relatively little scholarship exploring them. Combining critical reflection and detailed analysis, this book addresses the relationship between contemporary investment law and development. The book is organized around two competing visions of investment and development - as working either harmoniously or in conflict with one another. The expert contributors reflect on both of these views and analyse the social dimensions of development and its impact on investment law. Coverage includes in-depth discussion on such issues as human rights, poverty reduction, labor standards, and indigenous peoples. Students and scholars of international investment law will benefit from the informed analysis of the links between investment and development. This book will also be of use to practitioners and experts of development law who are looking for an up-to-date perspective of the field.

International Economic Law and Monetary Measures

International Economic Law and Monetary Measures PDF

Author: Annamaria Viterbo

Publisher: Edward Elgar Pub

Published: 2012

Total Pages: 357

ISBN-13: 9781848446342

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The 2007 - 2010 global financial crisis re-opened the debate on the reform of the international monetary and financial system. This well-argued book demonstrates the strategic role of international economic law (IEL) in ensuring international monetary stability and global financial stability.

Soft Law and the Global Financial System

Soft Law and the Global Financial System PDF

Author: Chris Brummer

Publisher: Cambridge University Press

Published: 2012

Total Pages: 307

ISBN-13: 1107004845

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The global financial crisis of 2008 has given way to a proliferation of international agreements aimed at strengthening the prudential oversight and supervision of financial market participants. Yet how these rules operate is not well understood. Because international financial rules are expressed through informal, non-binding accords, scholars tend to view them as either weak treaty substitutes, or by-products of national power. Rarely, if ever, are they cast as independent variables that can inform the behavior of regulators and market participants alike. This book explains how international financial law "works" - and presents an alternative theory for understanding its purpose, operation, and limitations. Drawing on a close institutional analysis of the post-crisis financial architecture, it argues that international financial law is often bolstered by a range of reputational, market, and institutional mechanisms that make it more coercive than classical theories of international law predict. As such, it is a powerful, though at times imperfect tool of financial diplomacy, and poses novel opportunities and challenges for the evolving global economic order.

The Three Laws of International Investment

The Three Laws of International Investment PDF

Author: Jeswald W. Salacuse

Publisher: OUP Oxford

Published: 2013-02-14

Total Pages: 472

ISBN-13: 0191665304

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International investments are governed by three different legal frameworks: 1) national laws of both the host country and the investor's home country; 2) contracts, whether between the investor and the host country or among investors and their associates; and 3) international law, consisting of applicable treaties, customs, and general principles of law. Together, these three frameworks profoundly influence the organization, operation, and protection of foreign investments. Investors, government officials, and their legal counsel must therefore understand the complex interaction among these frameworks and how best to employ them to advance their interests. This book examines the content of each of these three legal frameworks for international investment and explores how they influence the foreign investment process and the nature of investment transactions, projects, and enterprises. The book is divided into five parts. Part I, after explaining the contemporary nature and significance of international investment, examines the theoretical and practical links between law and the investment process. Part II explores the nature of national laws regulating foreign investment. Part III considers of the various contractual frameworks for international investments, looking at their negotiation, content, and stability. Part IV sets out the international legal framework governing foreign investment, focusing on the content and nature of investment treaties and on general principles. Finally, Part V discusses how the three legal frameworks interact with each other. By comprehensively examining each of the applicable legal frameworks, this book provides a vital overview of the laws, rules, and regulations governing foreign investment for lawyers, scholars, students, and government officials.

Prospects in International Investment Law and Policy

Prospects in International Investment Law and Policy PDF

Author: Roberto Echandi

Publisher: Cambridge University Press

Published: 2013-04-18

Total Pages: 495

ISBN-13: 1107355605

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The negotiation of a patchy but burgeoning network of international investment agreements and the increasing use to which they are put is generating a growing body of jurisprudence which, while still evolving, requires closer analytical scrutiny. Drawing on many of the most distinguished voices in investment law and policy, and offering novel, multidisciplinary perspectives on the rapidly evolving landscape shaping international investment activity and treaty-making, this book explores the most important economic, legal and policy challenges in contemporary international investment law and policy. It also examines the systemic implications flowing from frenetic recent judicial activism in investment matters and advances several innovative propositions for how best to promote greater overall coherence in rule-design, treaty use and policy making and thus offer a better balance between the rights and obligations of international investors and host states.

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