Principles of International Investment Law

Dolzer, Rudolf; Schreuer, Christoph H.

doi:10.1093/law:iic/9780199211753.001.1

Cited by 462 publications

(238 citation statements)

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“…109 However, the NIEO was not without impact. The changes to FDI proposed by developing States during the NIEO generated significant legal uncertainty 110 and risk for foreign investors, especially in relation to the threat of expropriations. 111 Accordingly, treaties were used to regulate State conduct that was likely to affect foreign investors.…”

Section: Reimagining Sovereignty In International Investment Lawmentioning

confidence: 99%

Self-Determination and Foreign Direct Investment: Reimagining Sovereignty in International Investment Law

Guntrip¹

2016

ICLQ

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International investment law can be criticized for its understanding of sovereignty. Informed by the works of Koskenniemi, this article reimagines 'sovereignty' based on a host State population exercising its right to economic self-determination. Recent transparency initiatives in international investment law support this conceptualization of sovereignty. Further, the stance taken aligns with the continuous evolution of the international investment law regime. The establishment of a different perspective on sovereignty in international investment law highlights the need for an alternative understanding of this term if international investment law is to achieve widespread approval.

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Section: Reimagining Sovereignty In International Investment Lawmentioning

confidence: 99%

Self-Determination and Foreign Direct Investment: Reimagining Sovereignty in International Investment Law

Guntrip¹

2016

ICLQ

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“…Under direct expropriation one should understand taking the investment form the investor and by that deprive investors of his investment. When indirect expropriation occurs, it "leaves the investor's title untouched, but deprives him of the possibility of utilizing the investment in a meaningful way" ( Dolzer & Schreuer, 2008 )..…”

Section: State Compensation Liability-an Example Of Improper Protectimentioning

confidence: 99%

Compensation Liability for Damages Incurred while Exercising Public Authority: a Basic Pillar of Democratic State Ruled by Law

Cebera

Wróbel

2016

ppsy201600

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Abstract:The leading aim of this paper is to portray the constitutional institution of compensation liability for unlawful acts of public authorities in Polish law related to the development of general principle concerning democratic rule of law. Compensation for damages brought upon the citizens by civil servants constitutes a basic pillar of contemporary democratic state, because it guarantees acting by public authorities in compliances with law and deepen trustfulness. It is also said that the state of the above-mentioned institution indicates the development of democracy.

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“…96 In this vein, an investor with a short-term business might need no more than a right of admission compared to a long-term business where a right of establishment is necessary. 97 In foreign direct investment -FDI, the differences would lose their meaning since a long-term relationship is presupposed. 98 In addition, there have been claims that a right of admission works well in the case of portfolio investment in a local company, but both need to work together when transfer of capital and productive assets are necessary.…”

Section: A) the Concept Of Establishment And The Us Modelmentioning

confidence: 99%

How Does International Economic Law Regulate the Right of Entry of Investments in Services?

Lubambo

2016

SSRN Journal

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This paper analyses the different ways that international law regulates the entry of foreign investments. By comparing the provisions in the regimes of trade and investment law, this paper argues that there is more liberalization in investment treaties and more investment regulation in the GATS than commonly thought. Different clauses reflect the varied techniques used to regulate the entry of foreign investments and investors in services. No matter how divergent the goals of trade and investment treaties may be, in relation to the entry of investments and investors, the interpretation of the wording of their provisions leads to particularly similar results. The concept of commercial presence in the GATS includes aspects equivalent to the so-called establishment of foreign direct investments. The interpretation of GATS rules as covering potential service suppliers bear a resemblance to concepts already present in BIT practice in relation to investors that seek to invest. Therefore, there are some signs of an increasing conceptual and substantive convergence of rules. The way the admission clauses evolved to establishment clauses in some treaties shows that the difference between them, while less radical and of limited practical relevance, may indicate a step towards a convergence with international trade law. There has also been a trend towards treaty language granting more entry rights and commitments. This was done by the progressive introduction of national treatment for entry rights, the expansion of services coverage in Mode 3 and the recognition and clarification of the rights to potential investors. The increasing number of ITs containing establishment rights is noted especially in light of the new mega-regionals. There has also been a disposition to include provisions related to the entry of investors coming from the international trade law world into the investment law arena. In sum, the substantive convergence of the rules related to entry of investments in treaty-making is becoming more evident.

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Principles of International Investment Law

Cited by 462 publications

References 0 publications

Self-Determination and Foreign Direct Investment: Reimagining Sovereignty in International Investment Law

Self-Determination and Foreign Direct Investment: Reimagining Sovereignty in International Investment Law

Compensation Liability for Damages Incurred while Exercising Public Authority: a Basic Pillar of Democratic State Ruled by Law

How Does International Economic Law Regulate the Right of Entry of Investments in Services?

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