International investment law and the global financial architecture / edited by Christian J. Tams, Professor of International Law, University of Glasfow, UK ; Stephan W. Schill, Professor of International and Economic Law and Governance, University of Amsterdam, the Netherlands ; Rainer Hofmann, Professor of Public Law, Public International Law and European Law, University of Frankfurt, Germany with Alessandra Asteriti.
2017
K3830 .I584 2017 (Map It)
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Title
International investment law and the global financial architecture / edited by Christian J. Tams, Professor of International Law, University of Glasfow, UK ; Stephan W. Schill, Professor of International and Economic Law and Governance, University of Amsterdam, the Netherlands ; Rainer Hofmann, Professor of Public Law, Public International Law and European Law, University of Frankfurt, Germany with Alessandra Asteriti.
Published
Cheltenham, UK : Edward Elgar Publishing, [2017]
Call Number
K3830 .I584 2017
ISBN
9781785368875 (cased)
1785368877 (cased)
9781785368882 (ebook)
1785368877 (cased)
9781785368882 (ebook)
Description
xi, 364 pages ; 25 cm.
System Control No.
(OCoLC)962353987
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.
Bibliography, etc. Note
Includes bibliographical references and index.
Available in Other Form
Online version: International investment law and the global financial architecture. Cheltenham, UK : Edward Elgar Publishing Limited, [2017] 9781785368882 (OCoLC)974012498
Record Appears in
Table of Contents
List of contributors
vii
Preface and acknowledgements
x
pt. I
OVERARCHING PERSPECTIVES
1.
International investment law and the global financial architecture: Identifying linkages, mapping interactions / Rainer Hofmann
3
2.
International investment arbitration and the global financial system: Are they `yin' and `yang' or like oil and water? / Alexandra Goetz-Charlier
23
3.
International investment law and financial regulation: Towards a deliberative approach / Matthias Goldmann
57
pt. II
SOVEREIGN DEBT RESTRUCTURINGS
4.
Police powers of the state in sovereign debt restructurings / Hayk Kupelyants
89
5.
Restructuring sovereign debt on the basis of collective action clauses / Christoph Ohler
120
6.
Sovereign bond disputes before investment treaty tribunals: Safeguarding the exercise of collective action clauses with a single-limb voting mechanism / Yanying Li
135
7.
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
160
pt. III
BANK RESCUE MEASURES
8.
Bail-ins and international investment law: In and beyond Cyprus / Martins Paparinskis
193
9.
Bank rescue measures under international investment law: What role for the principle of causation? / Anna De Luca
211
10.
BITs and pieces: Reflections on the relevance of BITs in resolution-related litigation / Phoebus Athanassiou
240
pt. IV
ALTERNATIVE CLAIMS AND DEFENCES: NEW ACTORS
11.
Capital-flow management measures and international investment law: Never the twain shall meet? / Prabhash Ranjan
257
12.
Financial crisis as force majeure under international law and EU law: Defending emergency measures, a l'europeenne, in investment arbitration under intra-EU BITs / Anastasios Gourgourinis
281
13.
International financial institutions in investment law and arbitration / Michael Wolfgang Muller
316
Index
349