Corruption and Illegality in Asian Investment Arbitration
This open access book explores Asian approaches towards investment arbitration—a transnational procedure to resolve disputes between a foreign investor and a host state—setting it in the wider political economy and within domestic law contexts. It considers the extent to which significant states in...
Պահպանված է:
| Ձևաչափ: | Online |
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| Լեզու: | անգլերեն |
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Springer Nature
2024
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| Խորագրեր: | |
| Առցանց հասանելիություն: | ONIX_20240523_9789819993031_49 |
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Չկան պիտակներ, Եղեք առաջինը, ով նշում է այս գրառումը!
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| _version_ | 1863731978344333312 |
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| collection | Directory of Open Access Books |
| description | This open access book explores Asian approaches towards investment arbitration—a transnational procedure to resolve disputes between a foreign investor and a host state—setting it in the wider political economy and within domestic law contexts. It considers the extent to which significant states in Asia are, or could become, “rule makers” rather than “rule takers” regarding corruption and serious illegality in investor-state arbitration. Corruption and illegality in international investment are widely condemned in any society, but there remains a lack of consensus on the consequences, especially in investment arbitration. A core issue addressed is whether a foreign investor violating a host state’s law should be awarded protection of its investment, as per its contract with the host state and/or the applicable investment or trade agreement between the home state and the host state. Some suggest such protection would be unnecessary as the investor committed a crime in the host state, while others attempt to establish an equilibrium between the investor and the host state. Others claim to protect investment, invoking the sanctity of promises made. The book starts with a deep dive into economic and legal issues in corruption and investment arbitration and then explores the situation and issues in major countries in the region in detail. It is a useful reference point for lawyers, economists, investors, and government officials who are seeking comprehensive and up-to-date information on anti-bribery rules in Asian investment treaties. It is of particular interest to students and researchers in economics, finance, and law, who are undertaking new research relating to the multifaceted impacts of corruption. ; This open access book explores Asian approaches towards investment arbitration — a transnational procedure to resolve disputes between a foreign investor and a host state — setting it in the wider political economy and within domestic law contexts. It considers the extent to which significant states in Asia are, or could become, “rule makers” rather than “rule takers” regarding corruption and serious illegality in investor-state arbitration. Corruption and illegality in international investment are widely condemned in any society, but there remains a lack of consensus on the consequences, especially in investment arbitration. A core issue addressed is whether a foreign investor violating a host state’s law should be awarded protection of its investment, as per its contract with the host state and/or the applicable investment or trade agreement between the home state and the host state. Some suggest such protection would be unnecessary as the investor committed a crime in the host state, while others attempt to establish an equilibrium between the investor and the host state. Others claim to protect investment, invoking the sanctity of promises made. The book starts with a deep dive into economic and legal issues in corruption and investment arbitration and then explores the situation and issues in major countries in the region in detail. It is a useful reference point for lawyers, economists, investors and government officials who are seeking comprehensive and up-to-date information on anti-bribery rules in Asian investment treaties. It is of particular interest to students and researchers in economics, finance and law, who are undertaking new research relating to the multifaceted impacts of corruption. |
| format | Online |
| id | doab-20.500.12854ir-138269 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| publisher | Springer Nature |
| publisherStr | Springer Nature |
| record_format | ojs |
| spelling | doab-20.500.12854ir-1382692025-07-18T09:45:55Z Corruption and Illegality in Asian Investment Arbitration Teramura, Nobumichi Nottage, Luke Jetin, Bruno Corruption in Investment Arbitration Investor-State Arbitration Anti-Bribery Rules in Investment Treaties Bribery in Foreign Direct Investment Corruption in Foreign Direct Investment Business Law and Corruption Foreign Direct Investment in Asia Asian Trade Law Trade Agreements and Treaties thema EDItEUR::K Economics, Finance, Business and Management::KC Economics thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNC Company, commercial and competition law: general thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNA Legal systems: general::LNAC Legal systems: civil procedure, litigation and dispute resolution::LNAC5 Arbitration, mediation and alternative dispute resolution thema EDItEUR::K Economics, Finance, Business and Management::KC Economics::KCP Political economy thema EDItEUR::K Economics, Finance, Business and Management::KF Finance and accounting::KFF Finance and the finance industry thema EDItEUR::L Law::LB International law::LBB Public international law::LBBM Public international law: economic and trade thema EDItEUR::K Economics, Finance, Business and Management::KC Economics thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNC Company, commercial and competition law: general thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNA Legal systems: general::LNAC Legal systems: civil procedure, litigation and dispute resolution::LNAC5 Arbitration, mediation and alternative dispute resolution thema EDItEUR::K Economics, Finance, Business and Management::KC Economics::KCP Political economy thema EDItEUR::K Economics, Finance, Business and Management::KF Finance and accounting::KFF Finance and the finance industry thema EDItEUR::L Law::LB International law::LBB Public international law::LBBM Public international law: economic and trade This open access book explores Asian approaches towards investment arbitration—a transnational procedure to resolve disputes between a foreign investor and a host state—setting it in the wider political economy and within domestic law contexts. It considers the extent to which significant states in Asia are, or could become, “rule makers” rather than “rule takers” regarding corruption and serious illegality in investor-state arbitration. Corruption and illegality in international investment are widely condemned in any society, but there remains a lack of consensus on the consequences, especially in investment arbitration. A core issue addressed is whether a foreign investor violating a host state’s law should be awarded protection of its investment, as per its contract with the host state and/or the applicable investment or trade agreement between the home state and the host state. Some suggest such protection would be unnecessary as the investor committed a crime in the host state, while others attempt to establish an equilibrium between the investor and the host state. Others claim to protect investment, invoking the sanctity of promises made. The book starts with a deep dive into economic and legal issues in corruption and investment arbitration and then explores the situation and issues in major countries in the region in detail. It is a useful reference point for lawyers, economists, investors, and government officials who are seeking comprehensive and up-to-date information on anti-bribery rules in Asian investment treaties. It is of particular interest to students and researchers in economics, finance, and law, who are undertaking new research relating to the multifaceted impacts of corruption. ; This open access book explores Asian approaches towards investment arbitration — a transnational procedure to resolve disputes between a foreign investor and a host state — setting it in the wider political economy and within domestic law contexts. It considers the extent to which significant states in Asia are, or could become, “rule makers” rather than “rule takers” regarding corruption and serious illegality in investor-state arbitration. Corruption and illegality in international investment are widely condemned in any society, but there remains a lack of consensus on the consequences, especially in investment arbitration. A core issue addressed is whether a foreign investor violating a host state’s law should be awarded protection of its investment, as per its contract with the host state and/or the applicable investment or trade agreement between the home state and the host state. Some suggest such protection would be unnecessary as the investor committed a crime in the host state, while others attempt to establish an equilibrium between the investor and the host state. Others claim to protect investment, invoking the sanctity of promises made. The book starts with a deep dive into economic and legal issues in corruption and investment arbitration and then explores the situation and issues in major countries in the region in detail. It is a useful reference point for lawyers, economists, investors and government officials who are seeking comprehensive and up-to-date information on anti-bribery rules in Asian investment treaties. It is of particular interest to students and researchers in economics, finance and law, who are undertaking new research relating to the multifaceted impacts of corruption. 2024-05-24T04:11:42Z 2024-05-24T04:11:42Z 2024-05-23T07:48:31Z 2024 book ONIX_20240523_9789819993031_49 OCN: 1431192390 https://library.oapen.org/handle/20.500.12657/90474 9789819993031 9789819993024 https://directory.doabooks.org/handle/20.500.12854/138269 eng Asia in Transition open access image/jpeg image/jpeg n/a n/a https://library.oapen.org/bitstream/20.500.12657/90474/1/978-981-99-9303-1.pdf https://library.oapen.org/bitstream/20.500.12657/90474/1/978-981-99-9303-1.pdf Springer Nature Springer Nature Singapore 10.1007/978-981-99-9303-1 10.1007/978-981-99-9303-1 9fa3421d-f917-4153-b9ab-fc337c396b5a Universiti Brunei Darussalam 1e85f8af-86a3-4244-84f3-860ab687102d 9789819993031 9789819993024 Springer Nature Singapore 454 Singapore [...] open access |
| spellingShingle | Corruption in Investment Arbitration Investor-State Arbitration Anti-Bribery Rules in Investment Treaties Bribery in Foreign Direct Investment Corruption in Foreign Direct Investment Business Law and Corruption Foreign Direct Investment in Asia Asian Trade Law Trade Agreements and Treaties thema EDItEUR::K Economics, Finance, Business and Management::KC Economics thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNC Company, commercial and competition law: general thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNA Legal systems: general::LNAC Legal systems: civil procedure, litigation and dispute resolution::LNAC5 Arbitration, mediation and alternative dispute resolution thema EDItEUR::K Economics, Finance, Business and Management::KC Economics::KCP Political economy thema EDItEUR::K Economics, Finance, Business and Management::KF Finance and accounting::KFF Finance and the finance industry thema EDItEUR::L Law::LB International law::LBB Public international law::LBBM Public international law: economic and trade thema EDItEUR::K Economics, Finance, Business and Management::KC Economics thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNC Company, commercial and competition law: general thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNA Legal systems: general::LNAC Legal systems: civil procedure, litigation and dispute resolution::LNAC5 Arbitration, mediation and alternative dispute resolution thema EDItEUR::K Economics, Finance, Business and Management::KC Economics::KCP Political economy thema EDItEUR::K Economics, Finance, Business and Management::KF Finance and accounting::KFF Finance and the finance industry thema EDItEUR::L Law::LB International law::LBB Public international law::LBBM Public international law: economic and trade Corruption and Illegality in Asian Investment Arbitration |
| title | Corruption and Illegality in Asian Investment Arbitration |
| title_full | Corruption and Illegality in Asian Investment Arbitration |
| title_fullStr | Corruption and Illegality in Asian Investment Arbitration |
| title_full_unstemmed | Corruption and Illegality in Asian Investment Arbitration |
| title_short | Corruption and Illegality in Asian Investment Arbitration |
| title_sort | corruption and illegality in asian investment arbitration |
| topic | Corruption in Investment Arbitration Investor-State Arbitration Anti-Bribery Rules in Investment Treaties Bribery in Foreign Direct Investment Corruption in Foreign Direct Investment Business Law and Corruption Foreign Direct Investment in Asia Asian Trade Law Trade Agreements and Treaties thema EDItEUR::K Economics, Finance, Business and Management::KC Economics thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNC Company, commercial and competition law: general thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNA Legal systems: general::LNAC Legal systems: civil procedure, litigation and dispute resolution::LNAC5 Arbitration, mediation and alternative dispute resolution thema EDItEUR::K Economics, Finance, Business and Management::KC Economics::KCP Political economy thema EDItEUR::K Economics, Finance, Business and Management::KF Finance and accounting::KFF Finance and the finance industry thema EDItEUR::L Law::LB International law::LBB Public international law::LBBM Public international law: economic and trade thema EDItEUR::K Economics, Finance, Business and Management::KC Economics thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNC Company, commercial and competition law: general thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNA Legal systems: general::LNAC Legal systems: civil procedure, litigation and dispute resolution::LNAC5 Arbitration, mediation and alternative dispute resolution thema EDItEUR::K Economics, Finance, Business and Management::KC Economics::KCP Political economy thema EDItEUR::K Economics, Finance, Business and Management::KF Finance and accounting::KFF Finance and the finance industry thema EDItEUR::L Law::LB International law::LBB Public international law::LBBM Public international law: economic and trade |
| topic_facet | Corruption in Investment Arbitration Investor-State Arbitration Anti-Bribery Rules in Investment Treaties Bribery in Foreign Direct Investment Corruption in Foreign Direct Investment Business Law and Corruption Foreign Direct Investment in Asia Asian Trade Law Trade Agreements and Treaties thema EDItEUR::K Economics, Finance, Business and Management::KC Economics thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNC Company, commercial and competition law: general thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNA Legal systems: general::LNAC Legal systems: civil procedure, litigation and dispute resolution::LNAC5 Arbitration, mediation and alternative dispute resolution thema EDItEUR::K Economics, Finance, Business and Management::KC Economics::KCP Political economy thema EDItEUR::K Economics, Finance, Business and Management::KF Finance and accounting::KFF Finance and the finance industry thema EDItEUR::L Law::LB International law::LBB Public international law::LBBM Public international law: economic and trade thema EDItEUR::K Economics, Finance, Business and Management::KC Economics thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNC Company, commercial and competition law: general thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNA Legal systems: general::LNAC Legal systems: civil procedure, litigation and dispute resolution::LNAC5 Arbitration, mediation and alternative dispute resolution thema EDItEUR::K Economics, Finance, Business and Management::KC Economics::KCP Political economy thema EDItEUR::K Economics, Finance, Business and Management::KF Finance and accounting::KFF Finance and the finance industry thema EDItEUR::L Law::LB International law::LBB Public international law::LBBM Public international law: economic and trade |
| url | ONIX_20240523_9789819993031_49 |