Overview
- Offers a comprehensive analysis of foreign investor’s misconduct in international investment law
- Presents the case law on foreign investors’ misconduct in international investment law
- Elaborates a suggestion on possible and desirable changes for the system of international investment law for better dealing with foreign investor’s misconduct
Part of the book series: European Yearbook of International Economic Law (EUROYEAR, volume 11)
Part of the book sub series: EYIEL Monographs - Studies in European and International Economic Law (EYIELMONO)
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Table of contents (8 chapters)
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Front Matter
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Back Matter
Keywords
- illegal investment
- foreign investor’s misconduct
- foreign investor’s obligations
- balance in international investment law
- reform of investor-State arbitration
- case law on foreign investors’ misconduct
- corruption in international investment law
- abuse of process in international investment law
- violation of host State law by foreign investors
- liability of foreign investors
About this book
This book examines the issue of foreign investor misconduct in modern international investment law, focusing on the approach that international investment law as it currently operates has developed towards foreign investor misconduct. The term ‘misconduct’ is not a legal notion, but is used to describe a certain phenomenon, namely, a group/class of actions. This term is convenient since it makes it possible to introduce and describe the phenomenon as such, without a division into concrete types of conduct, like ‘abuse of process’, ‘violation of national law’, ‘corruption’, ‘investment contrary to international norms and standards’, etc. The term ‘misconduct’ is intended to embrace various kinds of conduct on the part of foreign investors that the system of international investment law does not accept – such as that which it regards as illegal, against public policy, or otherwise inappropriate – and triggers legal consequences. Rarely, however, does international investment law clearly articulate what it considers unacceptable investor conduct, and certainly not in any systematic fashion. As such, this book addresses the following questions: What types of investors’ conduct are legally unacceptable? What mechanisms are available to deal with unacceptable investors’ conduct, and what are the legal consequences?
Authors and Affiliations
About the author
Anna Kozyakova is a fully trained lawyer, she holds a specialist degree in law from the University of Kaliningrad (Russia), an LL.M. and a doctorate degree in law from the University of Göttingen. She researches, advises and teaches in public international law and international economic law. Her special field of expertise is international investment law.
Bibliographic Information
Book Title: Foreign Investor Misconduct in International Investment Law
Authors: Anna Kozyakova
Series Title: European Yearbook of International Economic Law
DOI: https://doi.org/10.1007/978-3-030-54855-1
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2021
Hardcover ISBN: 978-3-030-54854-4Published: 13 November 2020
Softcover ISBN: 978-3-030-54857-5Published: 13 November 2021
eBook ISBN: 978-3-030-54855-1Published: 12 November 2020
Series ISSN: 2364-8392
Series E-ISSN: 2364-8406
Edition Number: 1
Number of Pages: XVII, 266
Number of Illustrations: 3 b/w illustrations
Topics: Dispute Resolution, Mediation, Arbitration, International Economic Law, Trade Law, International Economics, International Relations