عنوان

The structure of investment arbitration /

0415579856

1138930067

9780415579858

9781138930063

9780203758755

The structure of investment arbitration /

[Book]

Tony Cole.

London :

Routledge, Taylor & Francis Group,

2013.

xvii, 173 pages ;

24 cm

Paperback published in 2015.

Includes bibliographical references (pages 133-173).

The meanning of "investment" in the ICSID Convention -- The legal impact of notifications under Article 25(4) of the ICSID Convention -- The role of an investment arbitrator and the use of non-binding documents and literature in investment arbitration -- The minimum standard of treatment and the protection of foreign investors during an armed conflict -- The history and development of the most-favoured nation clause -- The operation of the most-favoured nation clause in international investment law -- Dispute resolution procedures and the favourability of treatment under a most-favoured nation clause.

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"Although a State's treatment of foreign investors has long been regulated by international law, it is only recently that international investment law has emerged as an independent discipline in its own right. In recent decades the practical success of investment arbitration has allowed international investment law to develop both its own cadre of academic and professional specialists and its own legal doctrines. This book analyses the structure of international investment law, as it has developed through the practice of investment arbitration in order to see how a variety of international investment law doctrines should be understood and applied. The book demonstrates how a structural analysis can shed light on several major controversies within investment law and also examines what an investment actually is. The book offers an original interpretative approach to the resolution of problems in international investment law, and so is one of the few books within the field to attempt to give investment law a solid theoretical basis. It also focuses on only a select number of problems, rather than attempting to deliver the universal coverage currently popular for investment law books. As a result, those issues that are addressed get a detailed discussion rarely available in competing texts"--

"Although a State's treatment of foreign investors has long been regulated by international law, it is only recently that international investment law has emerged as an independent discipline in its own right. Prior to the rise to importance of investment arbitration, international investment disputes were predominantly handled by specialists in public international law, and were resolved using the generally-applicable rules of that discipline. Over recent decades, however, the practical success of investment arbitration has allowed international investment law to develop both its own cadre of academic and professional specialists and its own legal doctrines. However, because of its relative newness as a discipline international investment law is still characterised by the disagreement that accompanies the creation of any new field. As a result of this disagreement, broad consensus is difficult to gain on any topic, as even the strongest arguments reflect a perspective on the discipline that is not universally shared. This book analyses the structure of international investment law, as it has developed through the practice of investment arbitration in order to see how a variety of international investment law doctrines should be understood and applied. The book demonstrates how a structural analysis can shed light on several major controversies within investment law, including whether investment arbitration tribunals should be strongly influenced by the decisions of earlier tribunals, whether most-favoured nation clauses can serve as the basis for jurisdiction of an investment arbitration tribunal, and even what an investment actually is"--

International commercial arbitration.

Investments, Foreign (International law)

BUSINESS & ECONOMICS-- International-- Economics.

International commercial arbitration.

Investments, Foreign (International law)

LAW-- Arbitration, Negotiation, Mediation.

LAW-- General.

Cole, Tony

20200822105957.0

rda

[Book]

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