Description |
1 online resource (168 pages) |
Series |
Hersch Lauterpacht Memorial Lectures, 20 ; v. 20 |
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Hersch Lauterpacht Memorial Lectures, 20
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Contents |
Cover; Investment Treaty Arbitration: Judging Under Uncertainty; Recent books in the Hersch Lauterpacht Memorial Lecture Series; Title; Copyright; Contents; Foreword; Acknowledgements; Table of cases; Introduction; Part I Discretion: the search for meaning; 1 Uncertainty, judicial discretion and policy; 2 Treaty interpretation; 1. Clarity and common sense; 2. Balance between purposes; 3. Balance between purpose and text; 4. Interpretation of silence: the MFN clause controversy; 5. Interpretation of umbrella clauses; 6. The weight of the non-disputing State party; Part II The search for limits |
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Introduction3 Form or substance: the nationality of corporate claimants; 1. Direct and indirect control; 2. Transfer of shares; 3. Indirect control by nationals of the host State; 4. Misrepresentation; 4 Multiple approaches to define investment; 1. The comprehensive approach; 2. Form or substance; 3. Elements of nvestment': description or jurisdiction; (a) Risk; (b) Duration; (c) Contribution; 4. Contribution of investment to economic development; 5 Legitimate expectations, risk and due diligence; 1. Fair and equitable treatment; (a) At what level is the standard set? |
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(B) Objective or subjective standard?(c) Application of the standard; 2. Full protection and security; 3. Expectations and investor awareness of the BIT; Part III The search for consistency; Introduction; 6 Principles; 7 Precedent; 1. The weight of precedent; 2. Precedent and values; 3. The interpretation of precedent: ratio decidendi and obiter dicta; 4. Towards a stronger doctrine of precedent?; 8 Publicists; Conclusion; Bibliography; Index |
Summary |
How do arbitrators decide in the face of the uncertainty of the law between alternatives which may be equally justified? |
Bibliography |
Includes bibliographical references and index |
Notes |
Print version record |
Subject |
Investments, Foreign -- Law and legislation.
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International commercial arbitration.
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Commercial treaties.
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LAW -- Securities.
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Commercial treaties
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International commercial arbitration
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Investments, Foreign -- Law and legislation
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Form |
Electronic book
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ISBN |
9781139422161 |
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1139422162 |
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1107022517 |
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9781107022515 |
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9781139424202 |
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1139424203 |
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1139136798 |
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9781139136792 |
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9781107606630 |
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1107606632 |
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