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ICSID Convention after Fifty Years: Unsettled Issues celebrates the fiftieth anniversary of the Convention on the International Centre for Settlement of Investment Disputes (ICSID Convention or Washington Convention) with an overview and analysis of the International Centre for Settlement of Investment Disputes (ICSID) case law to date and focusing particularly on unsettled issues, assesses possible developments in the institution's next phase. The ICSID has played a leading role in establishing the field of foreign investment law. It is primarily due to the ICSID that it is no longer peculiar for individuals and corporations to have legal standing in claims against governments probably the most notable development of international law of the past half century. Now, in its fiftieth year and ratified by more than 150 states, the ICSID received its 500th case in 2015 --Source other then Library of Congress.
Investments, Foreign --- Law and legislation. --- International Centre for Settlement of Investment Disputes. --- Convention on the Settlement of Investment Disputes between States and Nationals of Other States --- Investments, Foreign - Law and legislation. --- Investments, Foreign (International law) --- International commercial arbitration. --- Convenio del CIADI --- Convenio sobre Arreglo de Diferencias Relativas a Inversiones entre Estados y Nacionales de Otros Estados --- Convention pour le règlement des différends relatifs aux investissements entre états et ressortissants d'autres états --- ICSID Convention --- SID Convention
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This title details the history of the International Centre for Settlement of Investment Disputes (ICSID) and its convention covering the years from 1955 to 2010. It includes accounts of the formulation of the convention, the development of ICSID's regulations and rules and analysis of the cases submitted to it over this time.
Investments --- International commercial arbitration. --- Law and legislation. --- International Centre for Settlement of Investment Disputes --- History. --- Convention on the Settlement of Investment Disputes between States and Nationals of Other States --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- Investment law --- Law and legislation --- Investments, Foreign (International law) --- International investment law --- Investment law, International --- International law --- Convenio del CIADI --- Convenio sobre Arreglo de Diferencias Relativas a Inversiones entre Estados y Nacionales de Otros Estados --- Convention pour le règlement des différends relatifs aux investissements entre états et ressortissants d'autres états --- ICSID Convention --- SID Convention
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This unique compendium offers an article-by-article commentary on the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Providing a comprehensive explanation of the functioning of this important mechanism for the settlement of investor-State disputes, it incorporates the preparatory work, the Convention's text, various rules and regulations adopted under the Convention, the practice of arbitral tribunals under the Convention, and academic writings on the subject. The first and second editions of this Commentary have been relied upon by numerous arbitral tribunals. This third edition follows the same system and approach, but extensive updates and revisions reflect the vast increase in arbitral practice since the publication of the second edition. A number of novel issues that have emerged through this practice are now addressed, making this practice-oriented guide an indispensable tool for anyone dealing with the ICSID Convention. Likewise, the number of contributors to and editors of the third edition has increased.
Investments, Foreign --- International commercial arbitration. --- Law and legislation. --- International Centre for Settlement of Investment Disputes. --- Convention on the Settlement of Investment Disputes between States and Nationals of Other States --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- Law and legislation --- Convenio del CIADI --- Convenio sobre Arreglo de Diferencias Relativas a Inversiones entre Estados y Nacionales de Otros Estados --- Convention pour le règlement des différends relatifs aux investissements entre états et ressortissants d'autres états --- ICSID Convention --- SID Convention
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This unique compendium offers an article-by-article commentary on the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. Providing a comprehensive explanation of the functioning of this important mechanism for the settlement of investor-State disputes, it incorporates the preparatory work, the Convention's text, various rules and regulations adopted under the Convention, the practice of arbitral tribunals under the Convention, and academic writings on the subject. The first and second editions of this Commentary have been relied upon by numerous arbitral tribunals. This third edition follows the same system and approach, but extensive updates and revisions reflect the vast increase in arbitral practice since the publication of the second edition. A number of novel issues that have emerged through this practice are now addressed, making this practice-oriented guide an indispensable tool for anyone dealing with the ICSID Convention. Likewise, the number of contributors to and editors of the third edition has increased.
Investments, Foreign --- International commercial arbitration. --- Law and legislation. --- International Centre for Settlement of Investment Disputes. --- Convention on the Settlement of Investment Disputes between States and Nationals of Other States --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Arbitration and award --- Conflict of laws --- Law and legislation --- Convenio del CIADI --- Convenio sobre Arreglo de Diferencias Relativas a Inversiones entre Estados y Nacionales de Otros Estados --- Convention pour le règlement des différends relatifs aux investissements entre états et ressortissants d'autres états --- ICSID Convention --- SID Convention
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The ICSID Convention is a multilateral treaty that governs the settlement of disputes, chiefly through arbitration, between States and foreign investors. This Commentary gives a detailed description of the meaning and application of the ICSID Convention, with reference to the growing body of decided cases.
Arbitration and award --- Investments, Foreign --- Law and legislation. --- -handel, internationaal --- investeringen, internationaal --- recht, internationaal --- rechtspraak --- recht, commercieel --- Capital exports --- Capital imports --- FDI (Foreign direct investment) --- Foreign direct investment --- Foreign investment --- Foreign investments --- International investment --- Offshore investments --- Outward investments --- Capital movements --- Investments --- Arbitral awards --- Awards and arbitration --- Commercial arbitration --- Civil procedure --- Commercial law --- Compromise (Law) --- Law and legislation --- International Centre for Settlement of Investment Disputes --- Arbitrase Bank Dunia --- Centre international pour le règlement des différends relatifs aux investissements --- Centro Internacional de Arreglo de Diferencias Relativas a Inversiones --- CIADI --- CIRDI --- Dewan Arbitrase Bank Dunia --- ICSID --- IKSID --- International Center for the Settlement of Investment Disputes --- International Centre for the Settlement of Investment Disputes --- Jie jue tou zi zheng duan guo ji zhong xin --- Mezhdunarodnyĭ t︠s︡entr po uregulirovanii︠u︡ investit︠s︡ionnykh sporov --- Tōshi Funsō Kaiketsu Kokusai Sentā --- Tʻuja Punjaeng Haegyŏl ŭl wihan Kukche Ponbu --- Yatırım Uyuşmazlıklarının Çözümü İçin Uluslararası Merkez'i --- 投資紛争解決国際センター --- handel, internationaal --- International Centre for Settlement of Investment Disputes. --- International centre for settlement of investment disputes. --- E-books --- Resolución de conflictos --- Libros electrónicos --- Investments, Foreign - Law and legislation. --- Convention on the Settlement of Investment Disputes between States and Nationals of Other States --- Convenio del CIADI --- Convenio sobre Arreglo de Diferencias Relativas a Inversiones entre Estados y Nacionales de Otros Estados --- Convention pour le règlement des différends relatifs aux investissements entre états et ressortissants d'autres états --- ICSID Convention --- SID Convention
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"As demonstrated by this paper, the experience with the investor-state dispute settlement of a number of countries (mostly in the Asia-Pacific region) appears to have influenced the development of new international investment agreements (IIAs) by those countries. Observing how previous IIAs were interpreted and applied by arbitral tribunals, their governments have come up with new provisions and new language, which address most of the problems that arose in the context of investment disputes."--Publisher description
Investments, Foreign (International law) --- Dispute resolution (Law) --- Arbitration (International law) --- Convention on the Settlement of Investment Disputes between States and Nationals of Other States --- North American Free Trade Agreement --- E-books --- International law --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Conflict resolution --- Dispute processing --- Dispute settlement --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Arbitration, International --- International arbitration --- International political arbitration --- Pacific settlement of international disputes --- International commissions of inquiry --- Jurisdiction (International law) --- Mediation, International --- Canada. --- Mexico. --- United States. --- International investment law --- Investment law, International --- Convenio del CIADI --- Convenio sobre Arreglo de Diferencias Relativas a Inversiones entre Estados y Nacionales de Otros Estados --- Convention pour le règlement des différends relatifs aux investissements entre états et ressortissants d'autres états --- ICSID Convention --- SID Convention
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International commercial arbitration --- Investments, Foreign (International law) --- Investments, Foreign --- Arbitration and award, International --- Wereldbank. --- Arbitrage. --- Investeringen. --- Direktinvestition. --- Internationale Schiedsgerichtsbarkeit. --- Investitionsgarantie. --- Welt. --- International Centre for Settlement of Investment Disputes --- International commercial arbitration. --- International Centre for Settlement of Investment Disputes. --- Periodicals. --- Commercial arbitration, International --- International arbitration and award --- Law and legislation --- Arbitrase Bank Dunia --- Centre international pour le règlement des différends relatifs aux investissements --- Centro Internacional de Arreglo de Diferencias Relativas a Inversiones --- CIADI --- CIRDI --- Dewan Arbitrase Bank Dunia --- ICSID --- IKSID --- International Center for the Settlement of Investment Disputes --- International Centre for the Settlement of Investment Disputes --- Jie jue tou zi zheng duan guo ji zhong xin --- Mezhdunarodnyĭ t︠s︡entr po uregulirovanii︠u︡ investit︠s︡ionnykh sporov --- Tōshi Funsō Kaiketsu Kokusai Sentā --- Tʻuja Punjaeng Haegyŏl ŭl wihan Kukche Ponbu --- Yatırım Uyuşmazlıklarının Çözümü İçin Uluslararası Merkez'i --- Mezhdunarodnyĭ t͡sentr po uregulirovanii͡u investit͡sionnykh sporov --- Tōshi Funsō Kaiketsu Kokusai Sent --- International law --- Arbitration and award --- Conflict of laws --- International investment law --- Investment law, International --- World Bank Group. --- World Bank Group --- Reports.
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Conflict of laws --- Investments, Foreign (International law) --- Arbitrage (Droit international privé) --- Investissements étrangers (Droit international) --- Arbitration and award --- International Centre for Settlement of Investment Disputes --- Centre international pour le règlement des différends relatifs aux investissements --- Investments, Foreign --- Law and legislation. --- -Capital exports --- Capital imports --- FDI (Foreign direct investment) --- Foreign direct investment --- Foreign investment --- Foreign investments --- International investment --- Offshore investments --- Outward investments --- Capital movements --- Investments --- Arbitral awards --- Awards and arbitration --- Commercial arbitration --- Civil procedure --- Commercial law --- Compromise (Law) --- Law and legislation --- Arbitrase Bank Dunia --- Centre international pour le règlement des différends relatifs aux investissements --- Centro Internacional de Arreglo de Diferencias Relativas a Inversiones --- CIADI --- CIRDI --- Dewan Arbitrase Bank Dunia --- ICSID --- IKSID --- International Center for the Settlement of Investment Disputes --- International Centre for the Settlement of Investment Disputes --- Jie jue tou zi zheng duan guo ji zhong xin --- Mezhdunarodnyĭ t︠s︡entr po uregulirovanii︠u︡ investit︠s︡ionnykh sporov --- Tōshi Funsō Kaiketsu Kokusai Sentā --- Tʻuja Punjaeng Haegyŏl ŭl wihan Kukche Ponbu --- Yatırım Uyuşmazlıklarının Çözümü İçin Uluslararası Merkez'i --- 投資紛争解決国際センター --- Arbitration and award. --- -Law and legislation --- -Arbitral awards --- Capital exports --- Arbitrage (Droit international privé) --- Investissements étrangers (Droit international) --- International Centre for Settlement of Investment Disputes. --- International centre for settlement of investment disputes. --- Investments, Foreign - Law and legislation.
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Investments, Foreign --- International commercial arbitration --- International commercial arbitration. --- Investments, Foreign. --- FOREIGN INVESTMENTS. --- INVESTMENT DISPUTES. --- LAWS AND REGULATIONS. --- Law and legislation --- Law and legislation. --- International Centre for Settlement of Investment Disputes --- International Centre for Settlement of Investment Disputes. --- Capital exports --- Capital imports --- FDI (Foreign direct investment) --- Foreign direct investment --- Foreign investment --- Foreign investments --- International investment --- Offshore investments --- Outward investments --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- Arbitrase Bank Dunia --- Centre international pour le règlement des différends relatifs aux investissements --- Centro Internacional de Arreglo de Diferencias Relativas a Inversiones --- CIADI --- CIRDI --- Dewan Arbitrase Bank Dunia --- ICSID --- IKSID --- International Center for the Settlement of Investment Disputes --- International Centre for the Settlement of Investment Disputes --- Jie jue tou zi zheng duan guo ji zhong xin --- Mezhdunarodnyĭ t︠s︡entr po uregulirovanii︠u︡ investit︠s︡ionnykh sporov --- Tōshi Funsō Kaiketsu Kokusai Sentā --- Tʻuja Punjaeng Haegyŏl ŭl wihan Kukche Ponbu --- Yatırım Uyuşmazlıklarının Çözümü İçin Uluslararası Merkez'i --- Mezhdunarodnyĭ t͡sentr po uregulirovanii͡u investit͡sionnykh sporov --- Tōshi Funsō Kaiketsu Kokusai Sent --- Capital movements --- Investments --- Arbitration and award --- Conflict of laws --- Investment disputes --- --Periodicals --- World Bank Group. --- World Bank Group --- --Law and legislation
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This open access book examines the multiple intersections between national and international courts in the field of investment protection, and suggests possible modes for regulating future jurisdictional interactions between domestic courts and international tribunals. The current system of foreign investment protection consists of more than 3,000 international investment agreements (IIAs), most of which provide for investment arbitration as the forum for the resolution of disputes between foreign investors and host States. However, national courts also have jurisdiction over certain matters involving cross-border investments. International investment tribunals and national courts thus interact in a number of ways, which range from harmonious co-existence to reinforcing complementation, reciprocal supervision and, occasionally, competition and discord. The book maps this complex relationship between dispute settlement bodies in the current investment treaty context and assesses the potential role of domestic courts in future treaty frameworks that could emerge from the States’ current efforts to reform the system. The book concludes that, in certain areas of interaction between domestic courts and international investment tribunals, the “division of labor” between the two bodies is not always optimal, producing inefficiencies that burden the system as a whole. In these areas, there is a need for improvement by introducing a more fruitful allocation of tasks between domestic and international courts and tribunals – whatever form(s) the international mechanism for the settlement of investment disputes may take. Given its scope, the book contributes not only to legal analysis, but also to the policy reflections that are needed for ongoing efforts to reform investor-State dispute settlement.
Mediation. --- Dispute resolution (Law). --- Conflict management. --- International law. --- Trade. --- International economics. --- Dispute Resolution, Mediation, Arbitration. --- International Economic Law, Trade Law. --- International Economics. --- Economic policy, Foreign --- Economic relations, Foreign --- Economics, International --- Foreign economic policy --- Foreign economic relations --- Interdependence of nations --- International economic policy --- International economics --- New international economic order --- Economic policy --- International relations --- Economic sanctions --- Law of nations --- Nations, Law of --- Public international law --- Law --- Conflict control --- Conflict resolution --- Dispute settlement --- Management of conflict --- Managing conflict --- Management --- Negotiation --- Problem solving --- Social conflict --- Crisis management --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Dispute processing --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Good offices (Mediation) --- Conflict management --- Dispute resolution (Law) --- Law and legislation --- Dispute Resolution, Mediation, Arbitration --- International Economic Law, Trade Law --- International Economics --- ISDS --- Investment arbitration --- National courts --- Domestic courts --- Multilateral investment court --- Reform of ISDS --- Appeal mechanism --- Bilateral investment treaties --- ICSID Convention --- Exhaustion of local remedies --- Open access --- Arbitration, mediation & alternative dispute resolution --- Public international law: economic & trade
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