Resource Nationalism In International Investment Law

Author by : Sangwani Patrick Ng’ambi
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 54
Total Download : 532
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Description : Foreign direct investment in the natural resource industries is fostered through the signing of concession agreements between the host State and the investor. However, such concessions are susceptible to alteration by the host State, meaning that many investors now require the insertion of stabilization clauses. These are provisions that require the host State to agree that they will not take any administrative or legislative action that would adversely affect the rights of the investor. Arguing that it is necessary to have some form of flexibility in concession agreements while still offering protection of the legitimate expectations of the investor, Resource Nationalism in International Investment Law proposes the insertion of renegotiation clauses in order to foster flexible relationships between the investor and the host State. Such clauses bind the parties to renegotiate the terms of the contract, in good faith, when prevailing circumstances change. However these clauses can also prove problematic for both State and investor due to their rigidity. Using Zambia as a case study, it highlights the limitations of the efficient breach theory to emphasise the need for contractual flexibility.


International Energy Investment Law

Author by : Mustafa Erkan
Languange : en
Publisher by : Kluwer Law International B.V.
Format Available : PDF, ePub, Mobi
Total Read : 17
Total Download : 402
File Size : 40,8 Mb
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Description : "Presents the results of a questionnaire-based survey circulated to the main players in the petroleum sector, revealing actual existing contractual risk management techniques and showing a true picture of the political risk situation in the petroleum sector"--P. [4] of cover.


International Resource Politics In The Asia Pacific

Author by : Jeffrey David Wilson
Languange : en
Publisher by : Edward Elgar Publishing
Format Available : PDF, ePub, Mobi
Total Read : 60
Total Download : 951
File Size : 45,7 Mb
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Description : Resource security is a new battleground in the international politics of the Asia-Pacific. With demand for minerals and energy surging, disputes are emerging over access and control of scarce natural resource endowments. Drawing on critical insights from political economy, this book explains why resources have emerged as a source of inter-state conflict in the region.


International Arbitration In The Energy Sector

Author by : Maxi Scherer
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 78
Total Download : 270
File Size : 44,7 Mb
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Description : Disputes in the energy and natural resources sector are at the heart of international arbitration. With more arbitrations arising in the international energy sector than in any other sector, it is not surprising that the highest valued awards in the history of arbitration come from energy-related arbitrations. Energy disputes often involve complex and controversial issues relating to security, sovereignty, and public welfare. International Arbitration in the Energy Sector puts international energy disputes into a global context, providing broad coverage of different forms and systems of dispute resolution across both renewable and non-renewable sectors. With contributions from leading practitioners, arbitrators, academics, and industry experts from across the globe, the eighteen chapters in the book enable readers to compare the approaches to, and learnings from, energy arbitrations across various legal systems and geographic regions. After outlining the international energy arbitration legal framework, the text delves into a detailed analysis of the problems which regularly arise in practice. These include, among other things, commercial disputes in Part I (e.g. over the upstream oil sector and long-term gas supply contracts), investor-state disputes in Part II (e.g. under the Energy Charter Treaty), and public international law disputes in Part III (e.g. concerning international boundaries and the distribution of natural resources). Alongside recent developments in the international energy sector, attention is given to climate and sustainable development disputes, which raise important questions about enforcing sustainability objectives on individuals, corporations, and states. Backed by analyses of arbitral awards, national court and international tribunal decisions, treaties, and other international legal instruments, as well as current events and news in the energy industry, this text offers a unique contribution to international energy literature and provides insightful commentary on the prevalent issues in the field. It is essential reading for any practitioner or researcher in the energy and natural resources sector.


International Investment Law And Gender Equality

Author by : Sangwani Patrick Ng’ambi
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 17
Total Download : 127
File Size : 40,8 Mb
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Description : This book analyses the impact that stabilization clauses have on the development of human rights and gender laws in resource rich nations. Given the fact that stabilization clauses freeze the law for as long as the contract subsists there has been debate on the negative impact stabilization clauses have on the progressive development of human rights in the host State. Firstly, the book examines the mechanisms investors utilise in protecting themselves from host State prerogatives. It then explores the theoretical basis on which stabilization clauses are applied and upheld by arbitral tribunals, and assesses how they can be drafted in a way that protects human rights, particularly in relation to gender discrimination, without forcing the resource rich nations to lose momentum in attracting foreign direct investment. Using Zambia and the Gender Equity and Equality Act of 2015 as a case study, the book explores the compatibility of the legislation with the stabilization clauses contained in the country’s Development Agreements. The book will be of interest to practitioners, scholars and students of international investment law, human rights law and contract law.


International Competition For Resources

Author by : C. P. Andrews-Speed
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 15
Total Download : 365
File Size : 43,5 Mb
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Description : April 2008 saw the publication of International Competition for Resources: the Role of Law, the State and of Markets, an edited compilation of papers written for the 30th anniversary of the Centre for Energy, Petroleum and Mineral Law and Policy.


Stabilization Clauses In International Investment Law

Author by : Jola Gjuzi
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 72
Total Download : 182
File Size : 50,9 Mb
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Description : This book analyzes the tension between the host state’s commitment to provide regulatory stability for foreign investors – which is a tool for attracting FDI and generating economic growth – and its evolving non-economic commitments towards its citizens with regard to environmental protection and social welfare. The main thesis is that the ‘stabilization clause/regulatory power antinomy,’ as it appears in many cases, contradicts the content and rationale of sustainable development, a concept that is increasingly prevalent in national and international law and which aims at the integration and balancing of economic, environmental, and social development. To reconcile this antinomy at the decision-making and dispute settlement levels, the book employs a ‘constructive sustainable development approach,’ which is based on the integration and reconciliation imperatives of the concept of sustainable development as well as on the application of principles of law such as non-discrimination, public purpose, due process, proportionality, and more generally, good governance and rule of law. It subsequently re-conceptualizes stabilization clauses in terms of their design (ex-ante) and interpretation (ex-post), yielding stability to the benefit of foreign investors, while also mitigating their negative effects on the host state’s power to regulate.


International Investment Law

Author by : Surya P Subedi QC
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 84
Total Download : 499
File Size : 52,7 Mb
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Description : '...This book [...] goes beyond stating what the law is and focuses on controversies occurring within this area of the law... an excellent introduction to this complex area of international law for newcomers to the subject' Kate Miles, Australian International Law Journal The updated edition of this acclaimed book offers a critical overview of the law of foreign investment, incorporating a thorough analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives. A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to restrict unduly the right of host governments to implement their public policy on the other, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country. Many of the pioneering ideas that were advanced in the first edition of this book in 2008 have been taken up by governments and international organisations in their attempts to reform the investor-State dispute settlement mechanism and strike a balance between different competing principles in developing international investment law. Accordingly, this fourth edition captures the essence of the ongoing multiple reform processes -either planned or envisaged – currently underway.


International Investment Law

Author by : Surya P Subedi
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 46
Total Download : 243
File Size : 47,5 Mb
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Description : The third edition of this acclaimed scholarly book offers an up-to-date, critical overview of the law of foreign investment, incorporating a thorough and succinct analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multilayered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives. A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to restrict unduly the right of host governments to implement their public policy, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country, on the other.


Arbitration And Dispute Resolution In The Resources Sector

Author by : Gabriël A. Moens
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 53
Total Download : 908
File Size : 48,5 Mb
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Description : This book provides a comprehensive Australian perspective on the resolution of resources disputes. In particular, it focuses on the use of arbitration, mediation and adjudication in the resources sector. It concentrates on arbitration as the preferred method of dispute resolution, including international commercial and investor-state arbitration. The book offers fascinating insights into the use of arbitration to investment disputes involving resources companies in the African OHADA countries, Australia and other countries. It offers an Australian perspective which will be useful to discerning arbitration scholars and dispute resolvers. In addition, the book provides useful information on how to draft arbitration clauses for resources sector contracts. This publication will be of interest to members of the academic research community and will also appeal to dispute resolution professionals and practitioners.


Public Actors In International Investment Law

Author by : Catharine Titi
Languange : en
Publisher by : Springer Nature
Format Available : PDF, ePub, Mobi
Total Read : 19
Total Download : 839
File Size : 46,6 Mb
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Description : Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.


The Political Economy Of Natural Resources And Development

Author by : Paul A. Haslam
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 29
Total Download : 227
File Size : 51,5 Mb
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Description : The Political Economy of Resources and Development offers a unique and multidisciplinary perspective on how the commodity boom of the mid-2000s reshaped the model of development throughout Latin America and elsewhere in the developing world. Governments increased taxes and royalties on the resource sector, the nationalization of foreign firms returned to the mainstream economic policy agenda, and public spending on social and developmental goals surged. These trends, often described as resource nationalism, have developed into a strategy for economic development, generated a re-imagining of the state and its institutional possibilities, and created a new but very significant political risk for extractive enterprises. However, these innovations, which constitute the most dramatic change in development policy in Latin America since the advent of neoliberalism, have so far received little attention from either academic or policy-oriented publications. This book explores the reasons behind these policies, and their effects on states, firms, and development trajectories. This text brings together renowned thematic experts to examine the political-economic causes of resource nationalism, as well as its manifestation in six Latin American countries. The causal variables considered by the contributors to this collection include a range of political-economic determinants of policy including commodity prices; the influence of ideology and national politics; ideas about industrial policy; relations between host governments and investors; and how countries respond to opportunities provided by regional initiatives and the new geography of the global economy. This volume is essential reading in development economics, political economy, and Latin American studies, as well as for those who want to understand what economic development means after neoliberalism.


Yearbook On International Investment Law Policy 2011 2012

Author by : Karl P. Sauvant
Languange : en
Publisher by : Oxford University Press on Demand
Format Available : PDF, ePub, Mobi
Total Read : 65
Total Download : 163
File Size : 49,8 Mb
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Description : The Yearbook on International Investment Law & Policy 2011-2012 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment (FDI). This edition also discusses regulatory and policy developments regarding FDIs in extractive industries.


International Energy Law

Author by : Mohammad Naseem
Languange : en
Publisher by : Kluwer Law International B.V.
Format Available : PDF, ePub, Mobi
Total Read : 47
Total Download : 123
File Size : 47,9 Mb
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Description : Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to legislation and legal practice concerning energy resources and production in International Energy Law. The book describes the administrative organization, regulatory framework, and relevant case law pertaining to the development, application, and use of such forms of energy as electricity, gas, petroleum, and coal, with attention as needed to the pervasive legal effects of competition law, environmental law, and tax law. A general introduction covers the geography of energy resources, sources and basic principles of energy law, and the relevant governmental institutions. Then follows a detailed description of specific legislation and regulation affecting such factors as documentation, undertakings, facilities, storage, pricing, procurement and sales, transportation, transmission, distribution, and supply of each form of energy. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are explained. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for energy sector policymakers and energy firm counsel handling cases affecting International Energy Law. It will also be welcomed by researchers and academics for its contribution to the study of a complex field that today stands at the foreground of comparative law.


European Yearbook Of International Economic Law 2012

Author by : Christoph Herrmann
Languange : en
Publisher by : Springer Science & Business Media
Format Available : PDF, ePub, Mobi
Total Read : 22
Total Download : 847
File Size : 55,8 Mb
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Description : The third volume of the European Yearbook of International Economic law focuses on two major topics of current academic and political interest. Firstly, it adresses the 10th anniversary of China's accession to the WTO and its implications; secondly, it deals with different legal aspects of global energy markets.


Yearbook On International Investment Law Policy 2008 2009

Author by : Karl P Sauvant
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 98
Total Download : 447
File Size : 52,7 Mb
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Description : Today, international investment law consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network continues, raising a host of issues regarding international investment law and policy, especially in the area of international investment disputes. This Yearbook monitors current developments in international investment law and policy, focusing (in Part One) on trends in foreign direct investment (FDI), international investment agreements, and investment disputes, with a special look at developments in the oil and gas sector. Part Two, then, looks at central issues in the contemporary discussions on international investment law and policy. With contributions by leading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers.


Yearbook On International Investment Law Policy 2010 2011

Author by : Karl P. Sauvant
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 36
Total Download : 665
File Size : 55,9 Mb
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Description : The Yearbook on International Investment Law & Policy 2010-2011 monitors current developments in international investment law and policy, focusing (in Part One) on recent trends and issues in foreign direct investment (FDI). Part Two then addresses the fundamental developments in European Union policy toward bilateral investment treaties, and annexes the key official European Union documents.


Yearbook On International Investment Law And Policy 2014 2015

Author by : Andrea K. Bjorklund
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 89
Total Download : 756
File Size : 55,7 Mb
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Description : Several themes emerge in this 2014-2015 edition of the Yearbook. The first is a notable focus on country and region-specific developments. Different articles focus on key developments in such countries as Australia, Brazil, China, Ghana, India, Indonesia, Russia, and South Africa. Others focus on regional innovations, in particular in Latin America. A second area of attention is reform, and proposals for reform, in investor-state dispute settlement and in investment law generally. The third theme is the continued concern about states' regulatory autonomy and the importance of their retaining ability to protect the interests of their nationals. A fourth theme concerns the continued contribution that investment arbitration makes to the development of international law, and the influence that it is starting to have on other areas of law, whether that is as a source of inspiration in the interpretation of other norms or as a source of potentially powerful persuasive authority given the "teeth" that investment law has with respect to enforcement. Included are the winning memorials of the FDI Moot for both 2014 and 2015. In 2014 a team from the University of Ottawa submitted the winning claimant's memorial, while students from Harvard Law School submitted the winning respondent's memorial. In 2015, Harvard repeated its stellar performance, again winning best respondent's memorial. The winning claimant's memorial in 2015 was submitted by students from the National and Kapodistrian University of Athens. These excellent memorials reveal once again the growing interest of students in international investment law and demonstrate a striving for excellence and an enthusiasm for grappling with intellectually challenging issues.


Yearbook On International Investment Law Policy 2014 2015

Author by : Andrea K. Bjorklund
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 72
Total Download : 480
File Size : 54,8 Mb
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Description : Several themes emerge in this 2014-2015 edition of the Yearbook. The first is a notable focus on country and region-specific developments. Different articles focus on key developments in such countries as Australia, Brazil, China, Ghana, India, Indonesia, Russia, and South Africa. Others focus on regional innovations, in particular in Latin America. A second area of attention is reform, and proposals for reform, in investor-state dispute settlement and in investment law generally. The third theme is the continued concern about states' regulatory autonomy and the importance of their retaining ability to protect the interests of their nationals. A fourth theme concerns the continued contribution that investment arbitration makes to the development of international law, and the influence that it is starting to have on other areas of law, whether that is as a source of inspiration in the interpretation of other norms or as a source of potentially powerful persuasive authority given the "teeth" that investment law has with respect to enforcement. Included are the winning memorials of the FDI Moot for both 2014 and 2015. In 2014 a team from the University of Ottawa submitted the winning claimant's memorial, while students from Harvard Law School submitted the winning respondent's memorial. In 2015, Harvard repeated its stellar performance, again winning best respondent's memorial. The winning claimant's memorial in 2015 was submitted by students from the National and Kapodistrian University of Athens. These excellent memorials reveal once again the growing interest of students in international investment law and demonstrate a striving for excellence and an enthusiasm for grappling with intellectually challenging issues.


Stability And Legitimate Expectations In International Energy Investments

Author by : Rahmi Kopar
Languange : en
Publisher by : Bloomsbury Publishing
Format Available : PDF, ePub, Mobi
Total Read : 50
Total Download : 340
File Size : 47,9 Mb
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Description : This book assesses stability guarantees through the lens of the legitimate expectations principle to offer a new perspective on the stability concept in international energy investments. The analysis of the interaction between the concepts of stability and legitimate expectations reveals that there are now more opportunities for energy investors to argue their cases before arbitral tribunals. The book offers detailed analyses of the latest energy investment arbitral awards from Spain, Italy and the Czech Republic, and reflects on the state of the art of the legitimate expectations debate and its relationship with the stability concept. The author argues that, in order to achieve stability, the legitimate expectations principle should be employed as the main investment protection tool when a dispute arises on account of unilateral host state alterations. This timely work will be useful to both scholars and practitioners who are interested in international energy law, investment treaty arbitration, and international investment law.


International Natural Resources Law Investment And Sustainability

Author by : Shawkat Alam
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 31
Total Download : 185
File Size : 47,8 Mb
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Description : International Natural Resources Law, Investment and Sustainability provides a clear and concise insight into the relationship between the institutions that govern foreign investment, sustainable development and the rules and regulations that administer natural resources. In this book, several leading experts explore different perspectives in how investment and natural resources come together to achieve sustainable development in developing countries with examples from water, oil and gas, renewable energy, mineral, agriculture, and carbon trading. Despite varying perspectives, it is clear that several themes are central in considering the linkages between natural resources, investment and sustainability. Specifically, transparency, good governance and citizen empowerment are vital conditions which encourage positive social, economic and environmental outcomes for developing countries. In addition, this book provides new insights into key concepts which underpin international law, including sovereign rights and state responsibility principles. It is clear from this book that in the attempt to reconcile these concepts and principles from separate legal regimes, complex policy questions emerge whereby it is difficult to attain mutually beneficial or succinct outcomes. This book explores how countries prioritise their policy objectives to achieve their notion of sustainable natural resource use, which is strongly influenced by power imbalances that inform North–South cooperation, as well as South–South cooperation in the international investment regime. This book will be of great interest to students, academics and researchers of international environmental law, international human rights law, international investment law and international economic law. This book may also be of relevance to environmentalists, policy-makers, NGOs, and investors working in the natural resources field.


Myanmar Reintegrating Into The International Community

Author by : Chenyang Li
Languange : en
Publisher by : World Scientific
Format Available : PDF, ePub, Mobi
Total Read : 55
Total Download : 724
File Size : 53,5 Mb
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Description : Located at the junction of East Asia, South Asia and Southeast Asia, Myanmar is one of the most important countries in the world's geopolitical landscape. Its ongoing political and economic reforms arouse growing concern from the international community, especially great powers like the US, Japan, India and China. Will the demostic reform bring Myanmar back to the international community? How and to which extent does the demostic reform change Myanmar's relations with other countries?This book is based on papers presented at an international conference on Myanmar held at the Institute of Myanmar Studies in Yunnan University, China in 2014. Based on their long-term observation and studies, experts from China, Laos, Myanmar, Germany, Singapore and the US share their opinions on Myanmar's domestic reform and foreign relations, as well as the current situation and future prospect. This book contributes to better understanding of Myanmar in its dramatic political and social transition.


Resurgent Resource Nationalism

Author by : Mapungubwe Institute for Strategic Reflection (MISTRA)
Languange : en
Publisher by : Real African Publishers Pty Ltd.
Format Available : PDF, ePub, Mobi
Total Read : 88
Total Download : 977
File Size : 53,6 Mb
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Description : The period between 2001 and 2008 saw the longest commodities boom in recent history. Resource-rich countries across the world developed more interest in the profits, control and ownership of their natural resources. South Africa, which did not benefit much from the boom in commodity prices, wasnonetheless affected by the emergent resource nationalism trend, and it became the focus of the governing party’s 2010 National General Council, which ultimately resulted in the constitution of a committee to review the country’s policy and legislative framework regarding ‘natural wealth beneaththe soil’. Although the resurgence of resource nationalism is a recent phenomenon, the idea of state intervention in the economy, and the extractive sector in particular, is not new. Resurgent Resource Nationalism is a qualitative study, undertaken by MISTRA for SASOL Ltd, that looks atthe resurgence of resource nationalism over the past ten years. It discusses the concept of resource nationalism and its manifestation in public policy. It identifies the concerns, drivers and instruments through which resource nationalism is pursued by various mining jurisdictions across regions. Itdeliberately focuses more on the hydrocarbons sector in order to suit the target audience. The aim is to observe macro-trends emerging in various regions of the world and explore how best private actors can respond to the various forms of resource nationalism.


The Report Mongolia 2013

Author by : Anonim
Languange : en
Publisher by : Oxford Business Group
Format Available : PDF, ePub, Mobi
Total Read : 96
Total Download : 616
File Size : 51,6 Mb
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Description :


International Investment Law In Latin America Derecho Internacional De Las Inversiones En Am Rica Latina

Author by : Attila Tanzi
Languange : en
Publisher by : BRILL
Format Available : PDF, ePub, Mobi
Total Read : 93
Total Download : 246
File Size : 41,5 Mb
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Description : International Investment Law in Latin America: Problems and Prospects analyses the trend from enthusiasm to diffidence Latin American countries have recently undergone towards investment law. Experts draw lessons from the Continent’s past experiences while identifying possible solutions to the important challenges it faces. En Derecho Internacional de las Inversiones en América Latina: Problemas y Perspectivas, la tendencia desde el entusiasmo a la desconfianza de los países latinoamericanos hacia esta rama del derecho es analizada, en búsqueda de posibles soluciones a los importantes desafíos que actualmente enfrenta esa región.


Yearbook On International Investment Law Policy 2009 2010

Author by : Karl P. Sauvant
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 9
Total Download : 544
File Size : 55,7 Mb
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Description : Today, international investment law consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network continues, raising a host of issues regarding international investment law and policy, especially in the area of international investment disputes. Yearbook monitors current developments in international investment law and policy, focusing on trends in foreign direct investment (FDI), international investment agreements, and investment disputes. The Yearbook on International Investment Law & Policy 2009-2010 also looks at central issues in the contemporary discussions on international investment law and policy. With contributions by leading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers.


Transnational Law And State Transformation

Author by : Jennifer Lander
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 77
Total Download : 800
File Size : 44,7 Mb
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Description : This book contributes new theoretical insight and in-depth empirical analysis about the relationship between transnational legality, state change and the globalisation of markets. The role of transnational economic law in influencing and reorganising national systems of governance evidences the constitutional dimensions of global capitalism: the power to institute new rules and limits for national states. This form of new constitutionalism does not undermine the state but transforms it by eroding national capacities and implanting global alternatives. While leading scholars in the field have emphasised the much-needed value of case studies, there are no studies available which consider the cumulative impact of multiple axes of transnational legal ordering on the national state or its constitution. This monograph addresses this empirical gap, whilst expanding the theoretical scope of the field. Mongolia’s recent transformation as a mineral-exporting country provides a rare opportunity to witness economic and legal globalisation in process. Based on careful empirical analysis of national law and policy-making, the book traces the way distinctive processes of transnational legal ordering have reorganised and reframed the governance of Mongolia’s mining sector, specifically by redistributing state power in relation to the market, sub-national administrations and civil society. The book investigates the role of international financial institutions, multinational corporations and non-governmental organisations in normative transmission, as well as the critical role of national actors in embedding transnational investment norms within the domestic legal and policy environment. As the book demonstrates, however, the constitutional ramifications of transnational legal ordering extend beyond the mining regime itself into more fundamental questions of the trajectory of state transformation, institutionally and ideologically. The book will be of interest to scholars of international law, global governance and the political economy of development.


Lex Petrolea And International Investment Law

Author by : Nima Mersadi Tabari
Languange : en
Publisher by : Taylor & Francis
Format Available : PDF, ePub, Mobi
Total Read : 85
Total Download : 125
File Size : 49,7 Mb
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Description : Lex Petrolea and International Investment Law: Law and Practice in the Persian Gulf offers readers a detailed analysis of jurisprudence on the settlement of upstream petroleum disputes between host states in the Persian Gulf and foreign investors. Dr Nima Mersadi Tabari considers the historical, political, and socio-economic roots of the existing frameworks and levels of protection offered to foreign investors. With particular focus on petroleum-related disputes, he initially delivers a comprehensive survey of the jurisprudence of international investment law and investment treaty arbitration. Following on from this, in three dedicated chapters, the author provides in-depth analysis of the legal regimes governing the matter in the major producers of the region: Saudi Arabia, Iraq, and Iran. A key resource for all professionals working on legal issues arising from foreign direct investments in natural resources, this book draws a detailed picture of the legal regime governing the upstream sector in the most important geographical region for the international oil and gas sector.


Treaty Shopping In International Investment Law

Author by : Jorun Baumgartner
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 62
Total Download : 769
File Size : 42,6 Mb
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Description : Treaty shopping, also known under the terms of nationality planning, corporate (re-)structuring or corporate maneuvering, implies a strategic change of nationality or strategic invocation of another nationality with the aim of accessing another (usually more favourable) investment treaty for purposes of investment arbitration. When deciding on whether an investment claim based on treaty shopping should be upheld or dismissed, investment arbitral tribunals have been increasingly faced with significant questions, such as: What is treaty shopping and how may legitimate nationality planning be distinguished from treaty abuse in international investment law? Should a claimant that is controlled by a host-State national be considered a protected investor, or should tribunals pierce its corporate veil? Does an investor have to make the investment in good faith, and does it have to make a contribution of its own to the investment it is claiming protection for? When does a corporate restructuring constitute an abuse of process, and which is the role of the notion of dispute in this respect? How efficient are denial of benefits clauses to counter treaty shopping? Treaty Shopping in International Investment Law examines in a systematic manner the practice of treaty shopping in international investment law and arbitral decisions that have undertaken to draw this line. While some legal approaches taken by arbitral tribunals have started to consolidate, others remain unsettled, painting a picture of an overall inconsistent jurisprudence. This is hardly surprising, given the thousands of international investment agreements that provide for the investor ́s right to sue the host State on grounds of alleged breaches of investment obligations. This book analyses and discusses the different ways by which arbitral tribunals have dealt with the value judgment at the core of the distinction between objectionable and unobjectionable treaty shopping, and makes proposals de lege ferenda on how States could reform their international investment agreements (in particular with respect to treaty drafting) in order to make them less susceptible to the practice of treaty shopping.


Italy As A Regional Power

Author by : Gabriele Abbondanza
Languange : en
Publisher by : Aracne
Format Available : PDF, ePub, Mobi
Total Read : 55
Total Download : 579
File Size : 46,6 Mb
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Description : How did Italy’s role of regional power develop? How did it change from national unification to the present day? This book examines the degree of influence exerted by Italy in its own geopolitical context, with special focus on Libya and the Horn of Africa. With the aid of different research methods and thanks to two exclusive interviews (H.E. Giulio Terzi di Sant'Agata and Gen. Vincenzo Ruggero Manca), this work traces the many stages that have characterized Italian foreign policy in its sphere of influence, its successes and its failures, from the country’s early colonial policies to the latest events. Images, graphics, maps and confidential documents further enrich the debate on one of the most ancient but controversial regional powers.