Cantitate/Preț
Produs

Environmental Counterclaims in Investment Arbitration: Deconstructing the Requirements of Jurisdiction, Connection and Cause of Action: European Yearbook of International Economic Law, cartea 34

Autor Andrés Eduardo Alvarado-Garzón
en Limba Engleză Hardback – 8 dec 2023
This book critically analyses the availability of environmental counterclaims in investment arbitration presented by the respondent host state against the claimant investor. It starts from the premise that the conflicting relation between investment law and environmental protection cannot always be avoided. Yet, the instrument of environmental counterclaims in investment arbitration might alleviate such relation. Throughout its chapters, this book addresses the questions about the societal and practical relevance of seeking redress for environmental damage in investment arbitration, the functioning of such instrument both in contract-based and treaty-based investment arbitration, the suitability of arbitral tribunals to rule upon environmental issues, and the kind of environmental damages that could be redressed. Most importantly, by deconstructing the requirements of jurisdiction, connection between main claim and counterclaim, and cause of action, this book provides the tools for there-conceptualisation of the instrument of counterclaims with the hope of harnessing its utility to achieve appropriate redress for environmental damages caused by foreign investors.
Citește tot Restrânge

Din seria European Yearbook of International Economic Law

Preț: 98645 lei

Preț vechi: 120300 lei
-18% Nou

Puncte Express: 1480

Preț estimativ în valută:
18881 19808$ 15662£

Carte tipărită la comandă

Livrare economică 29 ianuarie-12 februarie 25

Preluare comenzi: 021 569.72.76

Specificații

ISBN-13: 9783031463907
ISBN-10: 3031463900
Pagini: 319
Ilustrații: XIII, 319 p. 2 illus., 1 illus. in color.
Dimensiuni: 155 x 235 mm
Greutate: 0.64 kg
Ediția:1st ed. 2023
Editura: Springer Nature Switzerland
Colecția Springer
Seriile European Yearbook of International Economic Law, EYIEL Monographs - Studies in European and International Economic Law

Locul publicării:Cham, Switzerland

Cuprins

Introduction.- The Contextualisation of Environmental Counterclaims – A Comparative Perspective.- Jurisdiction over Environmental Counterclaims – The Puzzle of Consent.- The Assessment of the Connection Requirement for Environmental Counterclaims.- Searching a Cause of Action for Environmental Counterclaims.- Conclusions.

Notă biografică

Andrés Eduardo Alvarado-Garzón is an international arbitration lawyer in Frankfurt am Main. He studied law at the Universidad Externado de Colombia, obtained his Master of Laws degree (LL.M) from the Europa-Institut of Saarland University (Germany) and a doctorate degree (PhD) (summa cum laude) from Saarland University (Germany). During his PhD, he was a research associate specialising in international investment and trade law, and international dispute resolution at the university and coached the FDI International Arbitration Moot team. Andrés interned at the United Nations Commission on International Trade Law (UNCITRAL) as well as at the International Centre for Settlement of Investment Disputes (ICSID), and he was a visiting scholar at the Max Planck Institute Luxembourg for Procedural Law. Currently, he works with the Disputes Resolution team of Herbert Smith Freehills LLP in Frankfurt am Main, Germany.

Textul de pe ultima copertă

This book critically analyses the availability of environmental counterclaims in investment arbitration presented by the respondent host state against the claimant investor. It starts from the premise that the conflicting relation between investment law and environmental protection cannot always be avoided. Yet, the instrument of environmental counterclaims in investment arbitration might alleviate such relation. Throughout its chapters, this book addresses the questions about the societal and practical relevance of seeking redress for environmental damage in investment arbitration, the functioning of such instrument both in contract-based and treaty-based investment arbitration, the suitability of arbitral tribunals to rule upon environmental issues, and the kind of environmental damages that could be redressed. Most importantly, by deconstructing the requirements of jurisdiction, connection between main claim and counterclaim, and cause of action, this book provides the tools for there-conceptualisation of the instrument of counterclaims with the hope of harnessing its utility to achieve appropriate redress for environmental damages caused by foreign investors.

Caracteristici

Provides a systematic analysis of the requirements for environmental counterclaims in investment arbitration Analyses environmental counterclaims from a legal and practical perspective Covers all publicly available cases in investment arbitration with counterclaims