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Books > Law > International law > Settlement of international disputes > International arbitration
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Compensation and Restitution in Investor-State Arbitration - Principles and Practice (Hardcover)
Loot Price: R2,978
Discovery Miles 29 780
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Compensation and Restitution in Investor-State Arbitration - Principles and Practice (Hardcover)
Series: International Economic Law Series
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This book examines the history, principles, and practice of
awarding compensation and restitution in investor-State arbitration
disputes, which are initiated under investment treaties. The
principles discussed may be applied to all international law cases
where damage to property is an issue.
The book starts by tracing the roots of the applicable
international legal principles to Roman law, and from there follows
their evolution through the European law of extra-contractual
liability and eventually through the Chorzow Factory case to
principles of compensation and restitution in the modern law of
international investment.
The greater part of the book is then dedicated to examination of
the modern application of these principles, focusing on the
jurisprudence of international tribunals under various arbitral
rules such as ICSID and UNCITRAL Rules. Monetary compensation as
the prevalent form of remedy sought and awarded in investor-State
disputes is discussed in more detail, including topics such as the
amount of compensation for damage resulting from breach of
investment treaties or for lawful expropriation of foreign
investor's property, a brief overview of valuation methods,
supplementary compensation for moral damages, interest, costs, and
currency fluctuations as well as various principles that may limit
the amount of recoverable compensation, such as causation. A full
chapter is dedicated to the discussion of the theory and practice
of awarding restitution in investor-State disputes. The book also
covers the general principle of reparation in international law as
applied in investor-State arbitrations. The topics discussed cover
all the theoretical as well as practical issues which may be raised
in awarding compensation and restitution in investment treaty
disputes between States and foreign investors.
General
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