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Yearbook on International Investment Law and Policy, 2012-2013 /
Today, international investment law consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network raises a host of issues regarding international investment law and policy, especiall...
| Clasificación: | Libro Electrónico |
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| Otros Autores: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
New York, NY :
Oxford University Press, USA,
2014.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Cover; Halftitle; Series; YEARBOOK ON INTERNATIONAL INVESTMENT LAW & POLICY2012-2013; Copyright; Table of Contents; Detailed Table of Contents; Submission Policy; Contributors; Foreword by Karl P. Sauvant; Preface by the Editorial Committee; Part One; 1. Trends in FDI, Home Country Measures and Competitive Neutrality; A. Trends in Foreign Direct Investment and International Investment Agreements; B. Home Country Measures; 1. Introduction; a. Outward FDI Policies and the Impact of OFDI on Home Countries; b. Definition and Types of Home Country Measures; c. Criteria for Eligibility
- D. Conditionalitye. Approach; 2. Institutional Framework and Information and Other Support Services; a. Introduction; b. Institutions; c. Information and Other Support Services; d. Criteria for Eligibility; i. Nationality; ii. Sectors; iii. Ownership; iv. Firm Size; v. Destination; e. Conditionality; f. Conclusions; 3. Financial Measures; a. Introduction; b. Measures; i. Grants; ii. Loans; iii. Financial Guarantees; iv. Equity Participation; c. Criteria for Eligibility; i. Nationality; ii. Sectors; iii. Ownership; iv. Firm Size; v. Destination; d. Conditionality; e. Conclusions
- 4. Fiscal Measuresa. Introduction; b. Measures; i. Exemptions from Corporate Income Tax on Certain Incomes; ii. Corporate Tax Rate Relief; iii. Tax Deferral; iv. Tax Credits for Certain Categories of Expenditures; v. Allowances for Qualifying Activities; c. Criteria of Eligibility and Conditionality; i. Criteria of Eligibility; ii. Conditionality; d. Conclusions; C. Summary and Implications for Competitive Neutrality; 1. Summary of Findings; 2. Implications for competitive neutrality; D. Annex Table I. Regulations Relating to Outward Investment in Selected Countries, as of 2011
- 2. International Investment Law and Arbitration: 2012 in ReviewA. Jurisdiction; 1. Interpretation of Jurisdictional Undertakings; 2. Effect of EU Membership on Energy Charter Treaty Claims; 3. Jurisdiction Ratione Materiae; a. The Existence of a Qualifying Investment; i. Abuse of Process; ii. Treaty Standards; iii. The ICSID Convention; b. Disputes Arising under a BIT; 4. Denial of Benefits; 5. Jurisdiction Ratione Temporis; 6. Jurisdiction by Means of MFN Clauses; 7. The Use by Tribunals of Burdens of Proof in Jurisdictional Decisions; B. Merits; 1. Fair and Equitable Treatment
- A. Legitimate Expectationsb. Proportionality; c. Denial of Justice; 2. Discriminatory and Arbitrary Treatment; 3. Full Protection and Security; 4. Umbrella Clause; 5. Expropriation; 6. Performance Requirements; 7. State-of-Necessity Defense; C. Compensation and Nonpecuniary Remedies; 1. General Principle of Reparation; 2. Nonpecuniary Remedies; 3. Compensation for Expropriation: Lawful vs. Unlawful Distinction; 4. Compensation for Violation of Nonexpropriation Protections in Investment Treaties; 5. Transfer of the Remainder of Investment to the State; 6. Valuation Standards