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2012, Business Science ...

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21st Century Geography: A Reference ...

Via approximately 80 entries, the SAGE 21st Century Reference Series volumes on geography highlights the most important topics, issues, questions and debates any student obtaining a degree in this field need to have mastered for effectiveness in the 21st century....

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Chatgilialoglu, Chryssostomos; Studer,...

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In recent years, free radicals have played an important role in various disciplines, ranging from organic synthesis to biology and medicine, polymer chemistry and materials science. The aim of this handbook is to offer for the first time a description ...

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A Cultural History of Food: v. 1-6

A Cultural History of Food presents an authoritative survey from ancient times to the present. This set of six volumes covers nearly 3,000 years of food and its physical, spiritual, social and cultural dimensions. 1. A Cultural History of Food in Antiquity (800 BCE - 500 CE) 2....

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Ullmann's Encyclopedia of Industrial ...

Aufschlagen und finden: Wieder da, die Ullmann's Encyclopedia auf 30 000 gedruckten Seiten!
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Handbook of High-Resolution Spectroscopy

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Handbook of Risk Theory

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The Post-War Occupation of Japan,...

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Bresinsky, Andreas; Korner, Christian;...

Strasburger's Plant Sciences

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Machine Vision Handbook

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Psychological Assessment

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The Palgrave Handbook of Olympic ...

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A Teacher for All Generations

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The Works of Lucy Hutchinson: Translation ...

This is the first volume in the four-volume edition of The Works of Lucy Hutchinson, the first-ever collected edition of the writings of the pioneering author and translator. Hutchinson (1620-81) had a remarkable range of her interests, from Latin poetry to Civil War politics and theology....

2011, Oxford University ...

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International Investment Law and Comparative Public Law

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International Investment Law and Comparative Public Law

Bibliographic data:

Publisher: Oxford University Press

published in: Oxford, GB

ISBN: 978-0-19-958910-4

Pages: 920

Language: English (en)

Size: Width [177 mm] Height [248 mm] Depth [54 mm]

Weight: 1686 gram

Product Type: Book

Binding: Hardback

Publication Year: 2010

Last Update: 12/07/2011 14:59:18

Investment treaty arbitration has a hybrid nature combining public international law (as regards its substance) with elements of international commercial arbitration (mainly as regards procedure). However, in essence and function it deals with a special, internationalised form of judicial review of governmental conduct that is more akin to the judicial control of governmental action provided for by national administrative and constitutional law than to either classic inter-state
dispute resolution or international commercial arbitration.
This has been recognised in some academic writing and several awards, where reference to national administrative law concepts and principles of international law-based judicial review of governmental action, such as international trade or human rights law, is used to help specify and apply the open-ended concepts of investment treaties. In-depth conceptualization is however often lacking. The current study is the first, pioneering effort to bring these under-developed ad hoc references to
comparative and international administrative law concepts into a deeper theoretic and systematic framework.
The book thus intends to develop a 'bridge' between treaty-based international investment arbitration and comparative administrative law on both a theoretical and practical level. The major obligations in investment treaties (indirect expropriation, fair and equitable treatment, national treatment, umbrella/sanctity of contract clause) and major procedural principles will be compared with their counterpart in comparative public law, both on the domestic as well as international level. That
'bridge' will allow international investment law to benefit from the comparative public law experience, which could enhance its legitimacy, its political acceptance, and its ability to develop more finely-tuned interpretations of central treaty obligations.


additional texts ...

Summary


International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.

Table of Content


From the contents:
Part I - Concepts and Foundations; 1: Stephan W. Schill: International Investment Law and Comparative Public Law - An Introduction; 2: Giacinto della Cananea: Minimum Standards of Procedural Justice in Administrative Adjudication; 3: Benedict Kingsbury and Stephan W. Schill: Public Law Concepts to Balance Investors' Rights with State Regulatory Actions in the Public Interest - The Concept of Proportionality; Part II - Investor Rights in Comparative Perspective; 4: Markus Perkams: The Concept of Indirect Expropriation in Comparative Public Law - Searching for Light in the Dark; 5: Stephan W. Schill: Fair and Equitable Treatment, the Rule of Law, and Comparative Public Law; 6: Helge Elisabeth Zeitler: Full Protection and Security; 7: Ali Ehsassi: Cain & Abel: Congruence and Conflict in the Application of the Denial of Justice Principle; 8: Jürgen Kurtz: The Merits and Limits of Comparativism: National Treatment in International Investment Law and the WTO; 9: Freya Baetens: Discrimination on the Basis of Nationality: Determining Likeness in Human Rights and Investment Law; 10: Stephan W. Schill: Umbrella Clauses as Public Law Concepts in Comparative Perspective; 11: Abba Kolo: Transfer of Funds: The Interaction between the IMF Articles of Agreement and Modern Investment Treaties: A Comparative Law Perspective; Part III - Comparative Administrative and Comparative Constitutional Law on Selected Issues; 12: Irmgard Marboe: State Responsibility and Comparative State Liability for Administrative and Legislative Harm to Economic Interests; 13: Hector A. Mairal: Legitimate Expectations and Informal Administrative Representations; 14: Kim Talus: Revocation and Cancellation of Concessions, Operating Licenses and Other Beneficial Administrative Acts; 15: Catherine Donnelly: Public-Private Partnerships: Award, Performance and Remedies; 16: Christina Binder and August Reinisch: Economic Emergency Powers: A Comparative Law Perspective; 17: Federico Lenzerini: Property Protection and Protection of Cultural Heritage; 18: Christian Tietje and Karoline Kampermann: Taxation and Investment: Constitutional Law Limitations on Tax Legislation in Context; 19: Paul B. Stephan: Comparative Taxation Procedure and Tax Enforcement

International Investment Law and Comparative ...

International Investment Law and Comparative ...

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