您的购物车中没有商品。

Regulatory Freedom and Indirect Expropriation in Investment Arbitration

Regulatory Freedom and Indirect Expropriation in Investment Arbitration

  • 作者:
  • 出版商: Kluwer Law International
  • ISBN: 9789403506241
  • 出版时间 December 2018
  • 规格: Hardback
  • 适应领域: International ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,581.00

¥1,533.57 Save ¥47.43 (3%)

发货时间:大约 3-4 weeks
Extra 2-10 working days if shipping address outside Hong Kong
Free delivery Hong Kong?
Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 详细

    About this book:
    Regulatory Freedom and Indirect Expropriation in Investment Arbitration presents a conceptual framework for the scope, relationship and method for delineating between regulatory freedom and indirect expropriation and ways for resolving these issues in practice. Many investment arbitration cases involve a challenge to a regulatory measure of a host state on the basis of indirect expropriation. The practice of arbitral tribunals is diverse and unsettled. In recent years, states have been trying to clarify the relationship between regulatory freedom and indirect expropriation by revisiting provisions relating to indirect expropriation in their investment treaties. This book provides the first focused analysis of indirect expropriation and regulatory freedom, drawing on a broad range of the jurisprudence of investment tribunals, as well as of other international courts and tribunals such as the International Court of Justice (ICJ), Permanent Court of International Justice (PCIJ), dispute resolution bodies of the World Trade Organization (WTO) and European Court of Human Rights.

    What’s in this book:
    The book provides detailed responses to the following complex questions:

    • To what extent do states retain regulatory freedom after entering into investment treaties?
    • What is the scope of regulatory freedom in general public international law?
    • What are the elements of regulatory freedom and standard of review?
    • How to draw a dividing line between regulatory freedom and indirect expropriation?
    • Whether the sole effects doctrine or the police powers is the appropriate way of distinguishing between regulatory freedom and indirect expropriation?


    How this will help you:
    Given the dense network of more than three thousand bilateral investment treaties (BITs) that impose an obligation to protect foreign investments in a State, this book will help practitioners identify, through analysis of cases from diverse fields, how a situation may be categorized either as regulatory freedom or as indirect expropriation. The analysis will also be of value to government officials and lawyers involved in negotiating and re-negotiating investment treaties, as well as to arbitrators who have to decide these issues. Scholars will welcome the book’s keen insight into the contentious relationship between a customary international law norm and a treaty norm.

  • Acknowledgements

    CHAPTER 1
    Introduction

    CHAPTER 2
    The Concept of ‘Regulatory Measure’ and ‘Expropriatory Measure’

    CHAPTER 3
    Types of Expropriatory Measures in Treaty Practice and Arbitral Jurisprudence

    CHAPTER 4
    The ‘Sole Effects Doctrine’ and the ‘Nature of the Measure’

    CHAPTER 5
    Theoretical Approaches

    CHAPTER 6
    Regulatory Freedom as Customary International Law

    CHAPTER 7
    Regulatory Freedom (Customary Norm) and Indirect Expropriation (Treaty Norm): Interaction of Norms

    CHAPTER 8
    Elements of Regulatory Freedom and Standard of Review

    CHAPTER 9
    Conclusions

    Bibliography

    Table of Cases

    Table of Treaties

    Index

你可能需要

The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition)
The Hong Kong Company Secretary's Handbook: Practice and Procedure (11th Edition)

List Price: ¥497.55

¥482.62 Save ¥14.93 (3%)

Hong Kong Tax & Accounting Practical Toolkit (Basic Package)
Hong Kong Tax & Accounting Practical Toolkit (Basic Package)
¥3,161.07
Hong Kong Company Secretary Checklist, 2nd Edition
Hong Kong Company Secretary Checklist, 2nd Edition

List Price: ¥1,283.40

¥1,244.90 Save ¥38.50 (3%)

Law of Companies in Hong Kong, 4th Edition (Hardcopy + e-Book)
Law of Companies in Hong Kong, 4th Edition (Hardcopy + e-Book)

List Price: ¥3,255.00

¥3,157.35 Save ¥97.65 (3%)

Butterworths Hong Kong Discrimination Law Handbook, 4th Edition
Butterworths Hong Kong Discrimination Law Handbook, 4th Edition

List Price: ¥1,395.00

¥1,353.15 Save ¥41.85 (3%)

Sentencing in Hong Kong, 11th Edition
Sentencing in Hong Kong, 11th Edition

List Price: ¥3,329.40

¥3,229.52 Save ¥99.88 (3%)

Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition
Butterworths Hong Kong Company Law (Winding-Up and Miscellaneous Provisions) Handbook, 6th Edition

List Price: ¥2,120.40

¥2,056.79 Save ¥63.61 (3%)

Butterworths Hong Kong Company Law Handbook, 26th Edition
Butterworths Hong Kong Company Law Handbook, 26th Edition

List Price: ¥4,092.00

¥3,969.24 Save ¥122.76 (3%)

Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 3rd Edition
Cross-Border Crime in Hong Kong: Extradition, Mutual Assistance & Financial Sanctions, 3rd Edition

List Price: ¥1,934.40

¥1,876.37 Save ¥58.03 (3%)

Clough & Clough on Personal Injuries
Clough & Clough on Personal Injuries

List Price: ¥1,395.00

¥1,353.15 Save ¥41.85 (3%)

Hong Kong Personal Insolvency Manual, 3rd Edition
Hong Kong Personal Insolvency Manual, 3rd Edition

List Price: ¥1,860.00

¥1,804.20 Save ¥55.80 (3%)

Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition
Butterworths Hong Kong Conveyancing and Property Law Handbook, 6th Edition

List Price: ¥1,674.00

¥1,623.78 Save ¥50.22 (3%)

A Practical Guide to Resolving Shareholder Disputes, 2nd Edition
A Practical Guide to Resolving Shareholder Disputes, 2nd Edition

List Price: ¥1,674.00

¥1,623.78 Save ¥50.22 (3%)

Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook)
Tort Law in Hong Kong, 5th Edition (Hardcopy + ebook)

List Price: ¥2,325.00

¥2,255.25 Save ¥69.75 (3%)

Company Law in Hong Kong: Practice and Procedure 2023 (Hardcopy + e-Book)
Company Law in Hong Kong: Practice and Procedure 2023 (Hardcopy + e-Book)

List Price: ¥2,974.14

¥2,884.92 Save ¥89.22 (3%)

Company Law in Hong Kong: Insolvency 2023 (Hardcopy + e-Book)
Company Law in Hong Kong: Insolvency 2023 (Hardcopy + e-Book)

List Price: ¥2,643.99

¥2,564.67 Save ¥79.32 (3%)

Hong Kong Company Law, 15th Edition
Hong Kong Company Law, 15th Edition

List Price: ¥457.56

¥443.83 Save ¥13.73 (3%)

Private Equity in Hong Kong and China, 4th Edition
Private Equity in Hong Kong and China, 4th Edition

List Price: ¥1,860.00

¥1,804.20 Save ¥55.80 (3%)

Hong Kong Family Court Practice, 4th Edition
Hong Kong Family Court Practice, 4th Edition

List Price: ¥2,511.00

¥2,435.67 Save ¥75.33 (3%)

Brooke's Notary Hong Kong, 3rd Edition
Brooke's Notary Hong Kong, 3rd Edition

List Price: ¥1,581.00

¥1,533.57 Save ¥47.43 (3%)