This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.
August Reinisch gives a broad overview of the entire field of international investment law that has emerged as an important subfield of international economic law over the last decades. As a result of the boom of investment arbitration since the late 1990s, core questions of the substantive treatment of foreign investors are analysed. Combining an academic and a practical perspective, this book has been written to provide an introduction to investment law for lawyers, political scientists, economists as well as those interested in international relations.
The series 'Decisions of the Arbitration Panel for In Rem Restitution' documents a fundamental element of Austria's most recent compensation measures dealing with the consequences of the National Socialist era. The possibility of in rem restitution of property seized during the National Socialist era which is now publicly-owned was provided for by the Washington Agreement of 2001. The Arbitration Panel for In Rem Restitution, established with the General Settlement Fund for Victims of National Socialism in Vienna, decides on applications for restitution. For the most part, the applications concern real estate that was confiscated between 1938 and 1945, was publicly-owned on the Agreement cut off day (17 January 2001) and in many cases had already been the subject of restitution proceedings after 1945. Since 2003, the Arbitration Panel has decided on a great number of applications and has recommended the restitution of property to the former owners or their legal successors in several cases. In the course of these decisions based on the General Settlement Fund Law, the Arbitration Panel has developed a complex case law. Volume 5 contains fifteen decisions of the Arbitration Panel from 2007 and 2008, each in the German original and with an English translation.
Students new to the study of EU law can find knowing what questions to ask to be as much of a challenge as answering them. This book clearly sets the scene: it explores the history and institutions of the EU, examines the interplay of its main bodies in its legislative process and illustrates the role played by the EU Courts and the importance of fundamental rights. The student is also introduced to the key principles of the internal market, in particular the free movement of goods and the free movement of workers. In addition a number of other EU policies, such as the Common Agricultural Policy, Environmental Protection and Social Policy are outlined, while a more detailed inquiry is made into European competition law. This book is an essential first port-of-call for all students of European law.
The series 'Decisions of the Arbitration Panel for In Rem Restitution', published in two languages, documents a fundamental element of Austria's most recent compensatory measures in dealing with the consequences of the National Socialist era. For property confiscated during the National Socialist era and now publicly owned, the possibility of restitution in rem, ie the actual return of the property was provided for in the Washington Settlement Agreement of 17 January 2001. The Arbitration Panel for In Rem Restitution, installed at the General Settlement Fund in Vienna, decides on the applications for restitution. For the most part, the applications concern real estate that was confiscated between 1938 and 1945, was publicly owned on the Agreement deadline (17 January 2001) and in many cases had already been the subject of restitution proceedings after 1945. Since 2003, the Arbitration Panel has decided on a great number of applications, and has recommended the restitution of property to the legal successors of former owners in several cases. In the course of these decisions, the Arbitration Panel has developed a judicature, which exemplarily presents the consequences of National Socialism in Austria regarding the law of property. The decisions of the Arbitration Panel form a part of the current debate about property seizures during the National Socialist era and restitution practices after 1945. Volume 1 contains the decisions of the Arbitration Panel from 2003 and 2004, each in the German original and with the English translation.
The series "Decisions of the Arbitration Panel for In Rem Restitution" documents a fundamental element of Austria's most recent compensation measures dealing with the consequences of the National Socialist era. The possibility of in rem restitution of property seized during the National Socialist era which is now publicly-owned was provided for by the Washington Agreement of 2001. The Arbitration Panel for In Rem Restitution, established with the General Settlement Fund for Victims of National Socialism in Vienna, decides on applications for restitution. For the most part, the applications concern real estate that was confiscated between 1938 and 1945, was publicly-owned on the Agreement cut off day (17 January 2001) and in many cases had already been the subject of restitution proceedings after 1945. Since 2003, the Arbitration Panel has decided on a great number of applications and has recommended the restitution of property to the former owners or their legal successors in several cases. In the course of these decisions based on the General Settlement Fund Law, the Arbitration Panel has developed a complex case law. Volume 6 contains twelve decisions of the Arbitration Panel from 2008 and 2009, each in the German original and with an English translation.
A radical, empirical investigation of how national courts 'react' to disputes involving international organizations. Through comprehensive analysis of the attitudes and techniques of national courts and underlying political motives, Professor Reinisch first describes various legal approaches that result in adjudication or non-adjudication of disputes concerning international organizations. Secondly he discusses policy issues pro and contra the adjudication of such disputes. His study then scrutinizes the rationale for immunizing international organizations from domestic litigations, especially the 'functional' need for immunity, and substantially debates the implications of a human rights-based right of access to court on immunizing international organizations against national jurisdictions. Finally he identifies contemporary trends, seeking to ascertain whether a more flexible principle exempting certain types of disputes from domestic adjudication might substitute for the traditional immunity concept, which would simultaneously guarantee the functioning and independence of international organizations without impairing private parties' access to a fair dispute settlement procedure.
The series 'Decisions of the Arbitration Panel for In Rem Restitution' documents Austria's most recent compensatory measures dealing with the consequences of the National Socialist era. For property seized during the National Socialist era and now publicly owned, the possibility of In Rem restitution, was provided for in the Washington Settlement Agreement of 17 January 2001. The Arbitration Panel for In Rem Restitution, established with the General Settlement Fund in Vienna, decides on applications for restitution which mostly concern real property. With only a few exceptions, all properties had been the subject of restitution proceedings after 1945. Since 2003, the Arbitration Panel has decided on a great number of applications, and has recommended the restitution of property to the legal successors of former owners in several cases. In the course of these decisions based on the General Settlement Fund Law, the Arbitration Panel has developed a complex case law. Volume 2 contains the following decisions of the Arbitration Panel, each in the German original and with the English translation: No. 8/2004, No. 9/2005, No. 24/2005, No. 25/2005, No. 26/2005, No. 27/2005 and No. 28/2005.
This book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The “feasibility study” presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.
This open access book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The “feasibility study” presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.
The role and position of non-state actors in international law is the subject of a long-standing and intensive scholarly debate. This book explores the participation of this new category of actors in an international legal system that has historically been dominated by states. It explores the most important issues, actors and theoretical approaches with respect to these new participants in international law. It provides the reader with a comprehensive and state-of-the-art overview of the most important legal and political developments and perspectives. Relevant non-state actors discussed in this volume include, in particular, international governmental organisations, international non-governmental organisations, multinational companies, investors and armed opposition groups. Their legal position is considered in relation to specific issue-areas, such as humanitarian law, human rights, the use of force and international responsibility. The main legal theories on non-state actors' position in international law - neo-positivism, the policy-oriented approach and transnational law - are covered at the beginning of the book, and the essential political science perspectives - on non-state actors' role in international politics and globalisation, as well as their soft power - are presented at the end."--Résumé de l'éditeur.
This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID).
A radical, empirical investigation of how national courts 'react' to disputes involving international organizations. Through comprehensive analysis of the attitudes and techniques of national courts and underlying political motives, Professor Reinisch first describes various legal approaches that result in adjudication or non-adjudication of disputes concerning international organizations. Secondly he discusses policy issues pro and contra the adjudication of such disputes. His study then scrutinizes the rationale for immunizing international organizations from domestic litigations, especially the 'functional' need for immunity, and substantially debates the implications of a human rights-based right of access to court on immunizing international organizations against national jurisdictions. Finally he identifies contemporary trends, seeking to ascertain whether a more flexible principle exempting certain types of disputes from domestic adjudication might substitute for the traditional immunity concept, which would simultaneously guarantee the functioning and independence of international organizations without impairing private parties' access to a fair dispute settlement procedure.
Students new to the study of EU law can find knowing what questions to ask to be as much of a challenge as answering them. This book clearly sets the scene: it explores the history and institutions of the EU, examines the interplay of its main bodies in its legislative process and illustrates the role played by the EU Courts and the importance of fundamental rights. The student is also introduced to the key principles of the internal market, in particular the free movement of goods and the free movement of workers. In addition a number of other EU policies, such as the Common Agricultural Policy, Environmental Protection and Social Policy are outlined, while a more detailed inquiry is made into European competition law. This book is an essential first port-of-call for all students of European law.
August Reinisch gives a broad overview of the entire field of international investment law that has emerged as an important subfield of international economic law over the last decades. As a result of the boom of investment arbitration since the late 1990s, core questions of the substantive treatment of foreign investors are analysed. Combining an academic and a practical perspective, this book has been written to provide an introduction to investment law for lawyers, political scientists, economists as well as those interested in international relations.
This open access book considers the potential setup for a future Multilateral Investment Court (MIC). The option of an MIC was first discussed by the EU Commission in 2016 and has since been made an official element of the EU Common Commercial Policy. In 2017, UNCITRAL also decided to discuss the possibility of an MIC, and on 20 March 2018, the Council of the EU gave the EU Commission the mandate to negotiate the creation of an MIC. The “feasibility study” presented here is intended to contribute to a broader discussion on the options for a new international court specialized in investment protection. The cornerstones of such a new permanent court are a strict orientation on the rule of law, reduced costs of investment protection, transparency considerations, aspects of consistency in case law, and the effective enforceability of MIC decisions.
This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.
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