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Foreign Investor Misconduct in International Investment Law (Paperback, 1st ed. 2021)
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Foreign Investor Misconduct in International Investment Law (Paperback, 1st ed. 2021)
Series: EYIEL Monographs - Studies in European and International Economic Law, 11
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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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