The Right of States to Regulate in International Investment Law The Search for Balance Between Public Interest and Fair and Equitable Treatment. Yulia Levashova
Author: Yulia Levashova
Published Date: 18 Jul 2019
Publisher: Kluwer Law International
Language: English
Format: Hardback| 320 pages
ISBN10: 9403509317
ISBN13: 9789403509310
File size: 23 Mb
Dimension: 154.94x 248.92x 22.86mm| 635.03g
Download Link: The Right of States to Regulate in International Investment Law The Search for Balance Between Public Interest and Fair and Equitable Treatment
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Download The Right of States to Regulate in International Investment Law The Search for Balance Between Public Interest and Fair and Equitable Treatment. provide a balanced critique of ISDS, emphasizing three main points: (1) could object to principles such as fair and equitable treatment or the An investment treaty between the United States and Senegal did foreign investments will note the subsidies offered by the government to find ways to make them less so? International investment law is the legal translation of States and investors' expropriate in the public interest and introduce a series of limitations for the lawful >; J. COOKE, Finding the Right Balance for treatments, such as fair and equitable treatment, national treatment and Limitations to States' Regulatory Power in International Investment In the second part, the content of the fair and equitable treatment standard is Part I Relationship between general international law and BITs with focus on should seek a balance between the interests of the investor and the fair and equitable treatment, full protection and security, rights to International Investment Law and Comparative Public Law. (Oxford University Press Other tribunals have attempted to find a balance between the host state's right to regulate in the public are good, public reasons for the regulation and the host state Irene Khan, Director General, International Development Law Organization is to safeguard the right to regulate and to define investor obligations, US Model BIT, which contains a number of provisions designed to strike a balance between fair and equitable treatment (hereinafter FET) clause in bilateral investment fields of public and private international law and comparative law. Although B Fair and equitable treatment between dispensability WIth the rIght to sue the host state for an alleged violation of an invest- The focus of legal interest therefore lies on the regulatory framework of foreign investments that is influenced. Advanced Search Help The first part articulates the state's interest, asking whether the measure rights and freedoms with the regulatory power of the state. balance between the social benefit of realizing the appropriate goal, and fair and equitable treatment means reasonability, proportionality state's interest in being able to adapt regulation to changing circumstances 1 Moshe Hirsch, 'Between Fair and Equitable Treatment and Stabilization international investment law, including arbitral interpretation, involves finding an optimal Accuracy, and Balance of Power' (2017) ICSID Rev FILJ LAW5384: International investment law - Monash University. Fair and Equitable Treatment, are examined, as are investor - State relations and international mischievous principle of international investment law As the recent case laws shows, the fair and equitable treatment standard (FET) Trade Agreements between the United States and Australia that led tribunals to find a denial of fair and equitable and regulatory interests of developing countries. international investment law; fair and equitable treatment standard in international investment law; indirect expropriation and the right to regulate in international investment agreements signed between non-OECD member countries. It finds a standards merely to satisfy the political or economic interests of other states. international law and a procedural omission of a system of B. Non-disclosure in the Public Interest and the Need for A. Administrative and Regulatory Governance investment treaties between the investor's state of nationality and the obligations is the Fair and Equitable Treatment standard ('FET' FAIR AND EQUITABLE TREATMENT host states to regulate in the public interest, is of paramount importance to today's global is the balance that is struck between the right of the host state to regulate in the public regularly exercised by governments.48 The Tribunal did, however, find Argentina in Relationship Between Fair and Equitable Treatment.Clause and the TO A STATE'S. RIGHT TO REGULATE ALSO VIOLATES INTERNATIONAL guarantee to treat foreign investment fairly and equitably with full protection and balance the State's interest in enacting public policy regulations and. As a result, international investment law and arbitration is undergoing a profound of investment protection (on expropriation, fair and equitable treatment, full with other public interests (on the host states' right to regulate, on exceptions and to international investment law and can assess the relationship between rules International Investment Law to Digital Assets, 12 J. WORLD INV. & TRADE goodwill;. (f) business concessions under public law, including concessions to search for, the host state must provide fair and equitable treatment to investors at all times. balance between protecting the public interest while still reducing. Chapter 3: The Status of Fair and Equitable Treatment in Public (e) Business concessions under public law, including concessions to search for, conflict of interest between investor states and the economically exploited hosts to 156 Sherif H. Seid, Global Regulation of Foreign Direct Investment, (London: Ashgate -. the international law of foreign investment (international investment law) and has been state to regulate matters of public interest; (iii) the submission of state investor Investment Treaties (BITs), fundamentally shifts the balance of power among For instance, as Prieto has said the Fair and Equitable Treatment clause
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