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The Investment Perspective revisits the ancient story of three men and the fateful gift that would shape their destinies. Compelled by their benefactor to engage in a game of chance, they are torn between two motives so old as to transcend culture, race, religion and time. Their choice and ours, when faced with the same struggle, is of such consequence as to make all other questions shrink in comparison. This book seeks to shed light on this common perplexity and to follow its ramifications to their ultimate end. While its message has sober implications, it is intended to give hope and encouragement toward a simple course which if pursued, will yield dividends of meaningfulness, significance and ultimately, joy.
This book is a second, revised edition of the original 1986 publication. Since then, the issue of contract change has increasingly challenged the business community and legal practitioners. The world-wide recession may well have accelerated the need to secure contractual relationships by reasonable flexibility. Successful foreign investment, a relentless challenge, is subject to many unpredictable errors. Of all these variables, however, successful investment is most dependent on the investor-host country relationship, which is the object of the present study. In particular, the pressure by host countries for contract change and its counterpart: the investor's defence of contract stability.The book is essentially a reference handbook for legal practitioners. It analyzes a variety of increasingly important questions concerning international investment agreements that come under pressure for change by one of the contracting parties: either a transnational corporation or a host country government. The seven case studies and the analytical chapters which follow are based on the author's research and the assistance of corporate and government officials, experts from the United Nations and other organizations, and members of academic research institutes.
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.
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