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Defences in International Investment Law


ISBN13: 9781138833630
To be Published: January 2026
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £105.00



This book addresses the issue of defences in international investment law.

International investment is the fulcrum around which almost all contemporary business hinges and as the field and practice continue to expand, so too does the law, its practice and the literature on it. For academics who research and teach in the field, and for lawyers who practise international investment law, the material has become massive and, in some cases, unsettling. One such area is the proliferation of forums for settling disputes and the apparent fragmentation of the jurisprudence relating to international economic law. Another is the diminishing parameters of Sovereignty, Act of State and Comity as mechanisms to limit, excuse or avoid jurisdiction or to defend governmental actions. In their place or in addition to those defences, there are now emerging somewhat novel defences such as corruption, bribery, unfair inducement, and mutual culpability.

Defences in International Investment Law offers both theoretical and practical insights into investment dispute resolution by delineating and articulating the principles of law that are raised by parties, whether states, businesses or individuals in international investment cases as defence against an action or counter-claim. Providing researchers and practitioners with a comprehensive source for response to claims, Botchway distils and synthesises material from both national and international adjudicatory bodies, international treaties and norms in order to formulate concise principles applicable in defence of actions and counterclaims.

Filling a clear gap in the current literature, this book will be of great interest to academics and practitioners of international investment law, investment arbitration and international economic law in general.

Subjects:
International Investment Law
Contents:
1. Cause of Action
2. Fora for International Economic
3. Adjudication Jurisdictional Defences
4. Procedural or Admissibility Defences
5. Sovereignty
6. Comity
7. Act of State
8. Consent and Acquiescence
9. Necessity and Force Majeur
10. Domestic Law As Bar
11. Mutual Culpability Defence
12. Exceptions, Exemptions, Reservations, Non-Ratification and Conclusion of a Later Treaty
13. Vitiating Factors: Fraud, Corruption, Duress and Knowledge or Notice

Series: Routledge Research in International Economic Law

Asian Perspectives on International Investment Law
Edited by: Junji Nakagawa
ISBN 9781138330535
Published March 2019
Routledge
£120.00
Asian Perspectives on International Investment Law (eBook)
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Preferential Trade Agreements and International Law ISBN 9780815366386
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Preferential Trade Agreements and International Law (eBook) ISBN 9781351258982
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International Investment Law and Policy in Africa (eBook) ISBN 9781351998819
Published September 2017
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£35.99
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International Investment Law and Policy in Africa ISBN 9781138240629
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£125.00
International Investment Law and the Right to Regulate ISBN 9781138924970
Published March 2016
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£130.00
£42.99
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Culture and International Economic Law ISBN 9780415723268
Published February 2015
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Culture and International Economic Law (eBook) ISBN 9781317910756
Published February 2015
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Improving International Investment Agreements ISBN 9781138843387
Published October 2014
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The WTO and Infant Industry Promotion in Developing Countries (eBook) ISBN 9781317664628
Published October 2014
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£48.99
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The WTO and Infant Industry Promotion in Developing Countries ISBN 9781138019553
Published October 2014
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£125.00
International Investment Law: A Chinese Perspective (eBook) ISBN 9781134442492
Published September 2014
Routledge
£48.99
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International Investment Law: A Chinese Perspective ISBN 9780415500036
Published September 2014
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£180.00
£32.99
Public Health in International Investment Law and Arbitration ISBN 9781138025233
Published March 2014
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£34.99
Improving International Investment Agreements ISBN 9780415671972
Published November 2012
Routledge
£125.00
£35.99
(ePub)
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The WTO and the Environment: Development of Competence Beyond Trade ISBN 9780415527125
Published October 2012
Routledge
£125.00
£36.99
(ePub)
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Public Health in International Investment Law and Arbitration ISBN 9780415507493
Published July 2012
Routledge
£125.00
£26.99
(ePub)
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Foreign Investment and Dispute Resolution Law and Practice in Asia ISBN 9780415610742
Published November 2011
Routledge
£130.00
£42.99
(ePub)
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Recognition and Regulation of Safeguard Measures Under GATT/WTO ISBN 9780415619592
Published May 2011
Routledge
£130.00