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Foreign Investor Misconduct in International Investment Law : European Yearbook of International Economic Law, cartea 11

Autor Anna Kozyakova
en Limba Engleză Hardback – 13 noi 2020
This book examines the issue of foreign investor misconduct in modern international investment law, focusing on the approach that international investment law as it currently operates has developed towards foreign investor misconduct. The term ‘misconduct’ is not a legal notion, but is used to describe a certain phenomenon, namely, a group/class of actions. This term is convenient since it makes it possible to introduce and describe the phenomenon as such, without a division into concrete types of conduct, like ‘abuse of process’, ‘violation of national law’, ‘corruption’, ‘investment contrary to international norms and standards’, etc. The term ‘misconduct’ is intended to embrace various kinds of conduct on the part of foreign investors that the system of international investment law does not accept – such as that which it regards as illegal, against public policy, or otherwise inappropriate – and triggers legal consequences. Rarely, however, does international investment law clearly articulate what it considers unacceptable investor conduct, and certainly not in any systematic fashion. As such, this book addresses the following questions: What types of investors’ conduct are legally unacceptable? What mechanisms are available to deal with unacceptable investors’ conduct, and what are the legal consequences?

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Specificații

ISBN-13: 9783030548544
ISBN-10: 3030548546
Ilustrații: XVII, 266 p. 3 illus.
Dimensiuni: 155 x 235 mm
Greutate: 0.59 kg
Ediția:1st ed. 2021
Editura: Springer International Publishing
Colecția Springer
Seriile European Yearbook of International Economic Law, EYIEL Monographs - Studies in European and International Economic Law

Locul publicării:Cham, Switzerland

Cuprins

1 Introduction.- 2 Theoretical Background in Connection with the Study of Foreign Investor Misconduct in International Investment Law.- 3 The Explicit and Implicit (Inherent) Potential of International Investment Law to Address Foreign Investor Misconduct.- 4 Categorisation and Illustration of Experience: Case Law on Foreign Investor Misconduct in International Investment Law.- 5 Analysis of some Key Events to Date: Their Meaning and Significance.- 6 Unlocking the Transformation of International Investment Law.- 7 Conclusion.- 8 Main Thesis Elaborated and Suggested in this Study.

Notă biografică

Anna Kozyakova is a fully trained lawyer, she holds a specialist degree in law from the University of Kaliningrad (Russia), an LL.M. and a doctorate degree in law from the University of Göttingen. She researches, advises and teaches in public international law and international economic law. Her special field of expertise is international investment law.

Textul de pe ultima copertă

This book examines the issue of foreign investor misconduct in modern international investment law, focusing on the approach that international investment law as it currently operates has developed towards foreign investor misconduct. The term ‘misconduct’ is not a legal notion, but is used to describe a certain phenomenon, namely, a group/class of actions. This term is convenient since it makes it possible to introduce and describe the phenomenon as such, without a division into concrete types of conduct, like ‘abuse of process’, ‘violation of national law’, ‘corruption’, ‘investment contrary to international norms and standards’, etc. The term ‘misconduct’ is intended to embrace various kinds of conduct on the part of foreign investors that the system of international investment law does not accept – such as that which it regards as illegal, against public policy, or otherwise inappropriate – and triggers legal consequences. Rarely, however, does international investment law clearly articulate what it considers unacceptable investor conduct, and certainly not in any systematic fashion. As such, this book addresses the following questions: What types of investors’ conduct are legally unacceptable? What mechanisms are available to deal with unacceptable investors’ conduct, and what are the legal consequences?

Caracteristici

Offers a comprehensive analysis of foreign investor’s misconduct in international investment law
Presents the case law on foreign investors’ misconduct in international investment law
Elaborates a suggestion on possible and desirable changes for the system of international investment law for better dealing with foreign investor’s misconduct