This book addresses the issue of defences in international investment law.
International investment is the fulcrum around which almost all contemporary business hinges and as the field and practice continue to expand, so too does the law, its practice and the literature on it. For academics who research and teach in the field, and for lawyers who practise international investment law, the material has become massive and, in some cases, unsettling. One such area is the proliferation of forums for settling disputes and the apparent fragmentation of the jurisprudence relating to international economic law. Another is the diminishing parameters of Sovereignty, Act of State and Comity as mechanisms to limit, excuse or avoid jurisdiction or to defend governmental actions. In their place or in addition to those defences, there are now emerging somewhat novel defences such as corruption, bribery, unfair inducement, and mutual culpability.
Defences in International Investment Law offers both theoretical and practical insights into investment dispute resolution by delineating and articulating the principles of law that are raised by parties, whether states, businesses or individuals in international investment cases as defence against an action or counter-claim. Providing researchers and practitioners with a comprehensive source for response to claims, Botchway distils and synthesises material from both national and international adjudicatory bodies, international treaties and norms in order to formulate concise principles applicable in defence of actions and counterclaims.
Filling a clear gap in the current literature, this book will be of great interest to academics and practitioners of international investment law, investment arbitration and international economic law in general.
Program-related investments (PRIs) are hybrid grants/loans made by foundations to charities. They allow foundations to stretch their limited funds further. This book provides foundations with guidelines for evaluating PRIs, monitoring grant recipients, and tracking returned funds.
This book provides authoritative academic and professional insights into the effects of foreign direct investment (FDI) on home and host countries. It highlights global trends and patterns, and explores related policy challenges all with a special focus on the countries in Central, Eastern and South-Eastern Europe. The book cuts through the existing data fog by offering a wide range of up-to-date academic findings and institutional expertise. Those findings are rounded off with lessons to be learned from historical developments (Ireland's success story), an evaluation of current trends (the role of China) and an investment promotion agency policy for attracting sustainable investment (CzechInvest). Contributions made by central bank officials, institutional representatives, members of academia and professionals provide for a uniquely complementary view on FDI developments and their implications.At a time of big changes in the FDI landscape, this book offers both empirical and econometric evidence on foreign direct investment and will be of great interest to economists and other experts in the fields of economic policy and European integration from central, commercial and investment banks, governments, international organizations, universities and research institutes. The special focus on FDI will attract those interested in, or directly involved in tackling the challenges of attracting sustainable investment or investing successfully abroad.