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Books > Law > International law > Public international law > International economic & trade law
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The International Law of Investment Claims (Hardcover)
Loot Price: R3,822
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The International Law of Investment Claims (Hardcover)
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This book was first published in 2009. The International Law of
Investment Claims considers the distinct principles governing the
prosecution of a claim in investment treaty arbitration. The
principles are codified as 54 'rules' of general application on the
juridical foundations of investment treaty arbitration, the
jurisdiction of the tribunal, the admissibility of claims and the
laws applicable to different aspects of the investment dispute. The
commentary to each proposed rule contains a critical analysis of
the investment treaty jurisprudence and makes extensive reference
to the decisions of other international courts and tribunals, as
well as to the relevant experience of municipal legal orders.
Solutions are elaborated in respect of the most intractable
problems that have arisen in the cases, including: the effect of an
exclusive jurisdiction clause in an investment agreement with the
host state; reliance on the MFN clause in relation to
jurisdictional provisions; and, the legitimate scope of derivative
claims by shareholders.
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