International Protection of Investments

Reinisch, August; Schreuer, Christoph H.

doi:10.1017/9781139004978

Cited by 18 publications

(3 citation statements)

References 237 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Therefore, it is unreasonable for arbitral tribunals to deny the existence of investors' legitimate expectations in the FET clause. However, providing a restrictive interpretation of investors' legitimate expectations in the FET clause would further clarify the elements and applicable standards of investors' legitimate expectations, which has practical significance [1].…”

Section: Investors' Legitimate Expectations Under Restrictive Interpr...mentioning

confidence: 99%

Restrictive Interpretation of Investors’ Legitimate Expectations in the Fair and Equitable Treatment Clause in International Investment Arbitration

Zhang

2024

Proceedings of the 5th International Conference on Economic Management and Model Engineering, ICEMME 2023, November 17–19, 2023

View full text Add to dashboard Cite

This article draws on the latest enumerative treaty reform practices of the European Union regarding clauses on fair and equitable treatment, providing a restrictive interpretation of investors' reasonable expectations. It analyzes the constituent elements and exceptional circumstances, aiming to curtail the expansive interpretation by arbitration tribunals. This is done to balance investor rights and host state regulatory sovereignty. Lastly, in response to the latest developments concerning investors' reasonable expectations, the author puts forth effective risk prevention suggestions, considering the distinct perspectives of China as a host country attracting foreign investment and domestic investors engaging in overseas investments.

show abstract

Section: Investors' Legitimate Expectations Under Restrictive Interpr...mentioning

confidence: 99%

Restrictive Interpretation of Investors’ Legitimate Expectations in the Fair and Equitable Treatment Clause in International Investment Arbitration

Zhang

2024

Proceedings of the 5th International Conference on Economic Management and Model Engineering, ICEMME 2023, November 17–19, 2023

View full text Add to dashboard Cite

show abstract

“…In this context, since the seventies of the last century, K. Zemanek, together with his students, has developes and justified new trends in human rights, international peace and legal 73 Zemanek, Das Vertragsrecht der internationalen Organization. 74 Zemanek, Die Schi ahrtsfreiheit auf der Donau und das kün ige Regime der Rhein-Main-Donau-Grosschi ahrtsstrasse: Eine völkerrechtliche Untersuchung; Zemanek, Ha ungsformen im Völkerrecht. 75 Zemanek, "The Metamorphosis of Jus Cogens: From an Institution of Treaty Law to the Bedrock of the International Legal Order?…”

Section: Karl Zemanek and Ignaz Seidl -Hohenveldern In The Period Of ...mentioning

confidence: 99%

Some Remarks on the Tradition of the “„Viennese School of International Law” in the Context of its Historical Evolution

Lech

2023

PRIEL

View full text Add to dashboard Cite

The article is based on some remarks on the tradition of the so-called Viennese School of International Law analysed by its main historical stages of evolution from its beginnings until today. The Viennese School is presently one of the world’s oldest professional schools in international law. It was and is represented by highly reputable scholars with outstanding achievements. Their determination for teaching, research, including an excellent publication record and its international reputation has a special focus on has a multidisciplinary nature. These are the main parameters of this School. The sources of research are fields related to the legal sciences, especially of the history of teaching and research of international law in Vienna, international relations, sociology and, above all, philosophy. Thus, the School has been valued throughout the world by many scholars of other different schools. The community combining contemporary and modern lawyers, followers and supporters of  the Viennese School of International Law, has never had the same interests or common beliefs. However, they share a common method of theoretical thinking and common methodological approaches in the field of  international law. Therefore, today the main task of dealing with the objective of the Viennese School of International Law is primarily to strive to understand international law as a separate kind of normative order in a multidisciplinary context.

show abstract

“…Rather, its task is to assess whether the outcome of the host state's action is in conformity with international 106. law. 109 More generally, arbitral tribunals may show deference towards the adoption and application of taxation measures. However, such deference is not unlimited, and cannot amount to granting "States discretion whether or not to comply with their international treaty obligations".…”

Section: Core Content Nature and Foundation Of Fetmentioning

confidence: 99%

International Investment Agreements and the International Tax System: The Potential of Complementarity and Harmonious Interpretation

Danon,

Wuschka

2021

Bull. Intl. Taxn.

View full text Add to dashboard Cite

show abstract

International Protection of Investments

Cited by 18 publications

References 237 publications

Restrictive Interpretation of Investors’ Legitimate Expectations in the Fair and Equitable Treatment Clause in International Investment Arbitration

Restrictive Interpretation of Investors’ Legitimate Expectations in the Fair and Equitable Treatment Clause in International Investment Arbitration

Some Remarks on the Tradition of the “„Viennese School of International Law” in the Context of its Historical Evolution

International Investment Agreements and the International Tax System: The Potential of Complementarity and Harmonious Interpretation

Contact Info

Product

Resources

About

International Protection of Investments

Cited by 18 publications

References 237 publications

Restrictive Interpretation of Investors’ Legitimate Expectations in the Fair and Equitable Treatment Clause in International Investment Arbitration

Restrictive Interpretation of Investors’ Legitimate Expectations in the Fair and Equitable Treatment Clause in International Investment Arbitration

Some Remarks on the Tradition of the “„Viennese School of International Law” in the Context of its Historical Evolution

International Investment Agreements and the International Tax System: The Potential of Complementarity and Harmonious Interpretation

Contact Info

Product

Resources

About

Some Remarks on the Tradition of the “„Viennese School of International Law” in the Context of its Historical Evolution