C. L. Lim - International Investment Law and Arbitration: Commentary, Awards and other Materials
Here you can read online C. L. Lim - International Investment Law and Arbitration: Commentary, Awards and other Materials full text of the book (entire story) in english for free. Download pdf and epub, get meaning, cover and reviews about this ebook. year: 2021, publisher: Cambridge University Press, genre: Politics. Description of the work, (preface) as well as reviews are available. Best literature library LitArk.com created for fans of good reading and offers a wide selection of genres:
Romance novel
Science fiction
Adventure
Detective
Science
History
Home and family
Prose
Art
Politics
Computer
Non-fiction
Religion
Business
Children
Humor
Choose a favorite category and find really read worthwhile books. Enjoy immersion in the world of imagination, feel the emotions of the characters or learn something new for yourself, make an fascinating discovery.
- Book:International Investment Law and Arbitration: Commentary, Awards and other Materials
- Author:
- Publisher:Cambridge University Press
- Genre:
- Year:2021
- Rating:4 / 5
- Favourites:Add to favourites
- Your mark:
International Investment Law and Arbitration: Commentary, Awards and other Materials: summary, description and annotation
We offer to read an annotation, description, summary or preface (depends on what the author of the book "International Investment Law and Arbitration: Commentary, Awards and other Materials" wrote himself). If you haven't found the necessary information about the book — write in the comments, we will try to find it.
C. L. Lim: author's other books
Who wrote International Investment Law and Arbitration: Commentary, Awards and other Materials? Find out the surname, the name of the author of the book and a list of all author's works by series.
International Investment Law and Arbitration: Commentary, Awards and other Materials — read online for free the complete book (whole text) full work
Below is the text of the book, divided by pages. System saving the place of the last page read, allows you to conveniently read the book "International Investment Law and Arbitration: Commentary, Awards and other Materials" online for free, without having to search again every time where you left off. Put a bookmark, and you can go to the page where you finished reading at any time.
Font size:
Interval:
Bookmark:
With the usual caveat, we would like to express our immense gratitude to Finola OSullivan, Marta Walkowiak, Caitlin Lisle and Valerie Appleby at Cambridge University Press, without whose initial encouragement and enthusiasm, subsequent patience, forbearance, experience and expert guidance this book would not have been possible. We are likewise grateful to Sophie Rosinke and Amy Mower of Cambridge for their consummate professionalism during the copyediting and proofing stages. We would like to thank Chao Junqing at the University of Hong Kong and Alastair Simon Chetty at the National University of Singapore for their research and editorial assistance, and also Cheng Chi, now in practice, who provided much-needed assistance during the early stages of the book. Finally, we thank our students in Hong Kong, Singapore and London. Hopefully they will discover both things that are familiar as well as some improvements in this book. C. L. Lim acknowledges with gratitude Hong Kong Universitys grant of leave, the Class of 61s generosity which made a Lionel Astor Sheridan Visiting Professorship possible at the National University of Singapore and the support of Kings College, London, the Shanghai 1000 Plan, Professor Zhang Lei and SUIBE, Shanghai. Jean Ho would like to acknowledge partial funding support from the Singapore Ministry of Education Academic Research Fund Tier 1 (WBS No. R-241000156115).
In respect of the preparation of this second edition, the authors are grateful to Yuanyuan Zhang and Xueji Su in Hong Kong, and also to Zhao Jingtong in Singapore. They have provided valuable assistance in one way or another.
Investment treaty arbitration derives from the consent of the host State, given under a treaty, to submit itself to arbitration in the event of a dispute with a foreign investor. Today, such treaty-based arbitration is the most prominent aspect of international investment arbitration, but it is only one aspect or form of it. Arbitration itself is only one of several means of settling investment disputes between foreign investors and host States. In the past, international investment disputes were resolved diplomatically by the home State of the investor taking up its grievance against a foreign host State, thereby making that grievance the home States own. Such a claim might be pursued purely through diplomatic means, but throughout the nineteenth century and persisting well into the twentieth century there were several examples of the settlement of investment disputes through mixed claims commissions. These were commissions of an international character which in time were supplemented by national claims commissions. Diplomatic espousal and mixed commissions operated in tandem. Where the commission failed, as it sometimes did, there were diplomatic negotiations leading to lump sum settlements. rounds off this opening chapter with a brief introduction to the modern sources of international law usually relied upon by international investment tribunals.
Many who know nothing of international law are likely to have heard of investorState dispute settlement (ISDS for short). Some of what has been heard may be discouraging. 1 1 For which, see, e.g., P. Eberhardt and C. Olivet (with contributions from T. Amos and N. Buxton), Profiting from Injustice: How Law Firms, Arbitrators and Financiers Are Fuelling an Investment Arbitration Boom ( Brussels/Amsterdam : Corporate Europe Observatory and the Transnational Institute , 2012 ) . What is meant by ISDS today is, often, a form of treaty-based arbitration a late-twentieth-century development. Investment treaty arbitration is the principal focus of this book, although it is not its sole focus. In comparison, contractually based arbitration has had a longer and sturdier history. There are also forms of investment arbitration which are based neither on treaty nor contract, such as arbitrations brought by private claimants on the basis of a host States consent to arbitration embodied in a national law, say a national petroleum law, or even in a host States investment authorisation, or in some other document. 2 2 All of this we will come to in Chapter 4 of this book.
Still, it is important to be reminded of history. The American Supreme Court Justice Oliver Wendell Holmes once wrote that time has upset many fighting faiths. 3 3 Abrams v. USA , 250 US 616 (1919) (Holmes J). The converse is true too. Old ideas return. They recur. Seemingly fresh ideas that are emerging, such as the European Unions current proposal that private investment treaty arbitration should be replaced with a multilateral international investment court, cannot be appreciated fully without some acknowledgment of the history of the subject. History may also prove to be the best guide to the future where overbroad international protection for foreign investors is again being challenged, as it once was by the newly decolonised nations of Africa and Asia.
We should begin, first, with diplomatic protection. Injury to an alien, including injury to a foreign investor, can trigger diplomatic protection by the investors home State. The Permanent Court of International Justice, the predecessor to the present-day International Court of Justice, had put it this way:
it is an elementary principle of international law that a state is entitled to protect its subjects, when injured by acts contrary to international law committed by another state, from whom they have been unable to obtain satisfaction through the ordinary channels. 4 4 Mavrommatis Palestine Concessions (Greece v. UK) (1924) PCIJ Rep. Series A No. 2, 12.
In the Don Pacifico affair, discussed in , to the question why the British government would be entitled to compensation had the Greek authorities taken no steps to protect Mr Pacifico and his property, Sir John Dodson answered:
Simply, it is to be presumed, because it is the duty of every civilized Government to protect Persons and Property within its Jurisdiction, and, if, having the means at its disposal, it neglects to do so, it must be answerable for the consequences. 5 5 Sir John Dodson to Lord Palmerston, 13 July 1847: see note 12 below.
The term diplomatic protection, however, is wide. In the view of the International Law Commission (ILC) the body entrusted with the codification and progressive development of international law the other means of peaceful settlement include negotiation, mediation and conciliation in addition to arbitral and judicial dispute settlement. In its Draft Articles on Diplomatic Protection, the ILC defines diplomatic protection as:
the invocation by a State, through diplomatic action or other means of peaceful settlement, of the responsibility of another State for an injury caused by an internationally wrongful act of that State to a natural or legal person that is a national of the former State with a view to the implementation of such responsibility. 6 6 Art. 1, Draft Articles on Diplomatic Protection, text adopted by the ILC at its 58th session, 2006, UN Doc. A/61/10; YrBk of the ILC, 2006, vol. II, Part Two, 24, 27. The page numbers refer to UN Doc. A/61/10.
The aim is to ensure both protection and reparation for a national wronged by a foreign State. 7 7 Ibid. , 24. It should be added, for the sake only of completeness, that this definition in the Draft Articles on Diplomatic Protection keeps to the formulation in the ILCs Draft Articles on Responsibility of States for Internationally Wrongful Acts. 8 8 For [a]ny system of law must address the responsibility of its subjects for breaches of their obligations; J. Crawford , State Responsibility: The General Part ( Cambridge University Press , 2014 ), .
Font size:
Interval:
Bookmark:
Similar books «International Investment Law and Arbitration: Commentary, Awards and other Materials»
Look at similar books to International Investment Law and Arbitration: Commentary, Awards and other Materials. We have selected literature similar in name and meaning in the hope of providing readers with more options to find new, interesting, not yet read works.
Discussion, reviews of the book International Investment Law and Arbitration: Commentary, Awards and other Materials and just readers' own opinions. Leave your comments, write what you think about the work, its meaning or the main characters. Specify what exactly you liked and what you didn't like, and why you think so.