International investment law and the global financial architecture / edited by Christian J. Tams, Rainer Hofmann, Stephan W. Schill.

Format:

Book

Contributor:

Tams, Christian J., editor.

Hofmann, Rainer, editor.

Schill, Stephan (Stephan W.), editor.

Series:

Frankfurt investment and economic law series.

Frankfurt Investment and Economic Law Series

Language:

English

Subjects (All):

Investments, Foreign (International law).

Investments, Foreign--Law and legislation.

Investments, Foreign.

Physical Description:

1 online resource (376 pages).

Place of Publication:

Cheltenham, England ; Northampton, Massachusetts : Edward Elgar Publishing, 2017.

Summary:

"The global crises of the early 21st century have tested the international financial architecture. In seeking to ensure stability, governments have regulated financial and capital markets. This in turn has implicated international investment law, which investors have invoked as a shield against debt restructuring, bail-ins or bail-outs. This book explores whether investment law should protect against such regulatory measures, including where these have the support of multilateral institutions. It considers where the line should be drawn between legitimate regulation and undue interference with investor rights and, equally importantly, who draws it...[Scholars] assess the key challenges facing decision makers, analyze arbitral and treaty practice and evaluate ways towards a balanced system of investment protection in the financial sector. In doing so, they offer an...analysis of the interaction between investment protection and financial regulation in fields such as sovereign debt restructuring and bank rescue measures."-- Back cover.

Contents:

International investment law and the global financial architecture : identifying linkages, mapping interactions / Christian J. Tams, Stephen W. Schill and Rainer Hofmann

International investment arbitration and the global financial system : are they 'yin' and 'yang' or like oil and water? / Charles N. Brower and Alexander Goetz-Charlier

International investment law and financial regulation : towards a deliberative approach / Matthias Goldmann

Police powers of the state in sovereign debt restructurings / Hayk Kupelyants

Restructuring sovereign debt on the basis of collective action clauses / Christoph Ohler

Sovereign bond disputes before investment treaty tribunals : safeguarding the exercise of collective action clauses with a single-limb voting mechanism / Yanying Li

Bilateral investment treaties and the principles on responsible sovereign lending and borrowing : working together towards the provision of an international legal framework addressing sovereign debt issues? / Marie Sudreau

Bail-ins and international investment law : in and beyond Cyprus / Maurice Mendelson and Martins Paparinskis

Bank rescue measures under international investment law : what role for the principle of causation? / Anna De Luca

BITs and pieces : reflections on the relevance of BITs in resolution-related litigation / Phoebus Athanassiou

Capital flow management measures and international investment law : never the twain shall meet? / Prabhas Ranjan

Financial crisis as force majeure under international law and EU law : defending emergency measures, à l'européene, in investment arbitration under intra-EU BITs / Anastasios Gourgourinis

International financial institutions in investment law and arbitration / Michael Wolfgang Müller.

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

1-78536-888-5