كتاب إلكتروني
Corruption and Illegality in Asian Investment Arbitration
| العنوان: | Corruption and Illegality in Asian Investment Arbitration |
|---|---|
| المساهمون: | Teramura, Nobumichi, Nottage, Luke, Jetin, Bruno |
| بيانات النشر: | Singapore: Springer Nature; Springer Nature Singapore, 2024. |
| سنة النشر: | 2024 |
| المجموعة: | Books Imported or submitted locally |
| Original Material: | 1e85f8af-86a3-4244-84f3-860ab687102d 6c6992af-b843-4f46-859c-f6e9998e40d5 22 |
| مصطلحات موضوعية: | 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 |
| الوصف: | 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. |
| ملاحظة حول المحتويات: | ... |
| نوع الوثيقة: | book |
| وصف الملف: | application/pdf |
| اللغة: | English |
| ردمك: | 978-981-9993-03-1 978-981-9993-02-4 981-9993-03-2 981-9993-02-4 |
| Relation: | Asia in Transition |
| DOI: | 10.1007/978-981-99-9303-1 |
| URL الوصول: | https://library.oapen.org/handle/20.500.12657/90474 |
| حقوق: | URL: http://creativecommons.org/licenses/by/4.0/ |
| ملاحظات: | ONIX_20240523_9789819993031_49 https://link.springer.com/978-981-99-9303-1 Universiti Brunei Darussalam |
| رقم الأكسشن: | edsoap.20.500.12657.90474 |
| قاعدة البيانات: | OAPEN Library |
Full Text Finder | ردمك: | 9789819993031 9789819993024 9819993032 9819993024 |
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| DOI: | 10.1007/978-981-99-9303-1 |