An introduction to International investment law için kapak resmi
Başlık:
An introduction to International investment law
Yazar:
Collins, David, 1975- author.
ISBN:
9781316613573

9781107160453
Fiziksel Tanımlama:
xvii, 350 pages ; 23 cm
İçerik:
1. Introduction to foreign direct investment: history, trends and rationales -- 2. Bilateral, regional and multilateral investment agreements and investment contracts -- 3. National laws governing foreign investment and definitions and conditions of admission -- 4. Guarantees against discrimination: national treatment and most favoured nation -- 5. Fair and equitable treatment, full protection and security, and umbrella clauses -- 6. Guarantees against expropriation -- 7. Compensation -- 8. Dispute settlement -- 9. Public interest issues: the environment, human rights and culture -- 10. Non-precluded measures: essential security, economic stability and the defence of necessity -- 11. Beyond international investment law.
Özet:
"International investment law is best described as a field of public international law which deals with the laws governing the commercial activities of multinational enterprises that are undertaken in foreign states. This occurs when a business or firm decides to open a branch of operations overseas, such as a factory or a mine, and in so doing it may come into conflict with that host state's laws. These may control the nature or extent of the economic activities the firm is allowed to pursue, such as licensing requirements, labor or environmental standards. While this situation may appear to be a matter for resolution by application of domestic laws of the host state through its courts, increasingly recourse is given to international law and international tribunals for answers. International investment law is a species of public international law in the sense that it comprises legal commitments made by sovereign states at the international level as captured by the international investment agreements. While often overlooked, it also has private law elements because the rights (and to a lesser extent obligations) of firms are in some cases formulated by investment contracts between firms and the states in which they operate. In this latter sense, international investment law can be viewed as field of transnational contract law, governed both by domestic legal systems and by the rules of international law"
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