International Investment Law and Arbitration
Cases, Materials, and Commentary
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Product details:
- Publisher OUP Oxford
- Date of Publication 1 September 2026
- ISBN 9780199640140
- Binding Hardback
- No. of pages856 pages
- Size 234x156 mm
- Language English 0
Categories
Short description:
An ideal resource for students of international investment law or international dispute settlement, this collection of primary sources contains extracts from cases, bilateral investment treaties, and other key materials, accompanied by detailed commentary and analysis. It provides a perfect introduction to the most important topics in this field.
MoreLong description:
This book brings together all essential documents, materials, and case law on international investment law and international investment arbitration. These extracts from the primary material are accompanied by explanatory commentary placing the documents in their wider context within the international investment legal system.
International investment law has emerged as a dynamic area of international law, ripe with controversies over the balance between state sovereignty and investment protection, the decentralized system of international investment law, the scope of international investment agreement protections, investor-state arbitration, and the rights and obligations of international investors. This book highlights each of these controversies, providing an overview of the historical development of international investment law, its purpose, its contractual protection, and the background to investment treaties. It assesses the substantive obligations required by the applicable law and the key issues currently facing the field, including umbrella clauses, exceptions and defences, and reparations.
The book gives a detailed overview of international dispute settlement, introducing the fundamental features of investor-state arbitrations, before demonstrating the significant jurisdictional hurdles a claimant faces in order to prosecute its claim. It explains of the difference between objections to jurisdiction and to admissibility, before providing an in-depth assessment of procedural issues, the enforcement of awards, and sovereign immunity. Finally, it assesses current issues in international investment law, including investment and the environment, corporate social responsibility, and critiques of the legitimacy of the investment treaty regime, suggesting future directions for international investment law. In addressing each of these issues the book has as its principal foundation the primary materials relevant to the topics under discussion.
Presented in a clear and focused manner, this book is an essential resource for students and practitioners in the field of international investment law and arbitration.
Table of Contents:
Part I: Context Setting
International Investment Law: Policy and Purposes
Historical Development of International Investment Law
Concession Agreements and Investment Contracts
Investment Treaties: Background, Structure, Obligations, and Dispute Settlement
Part II: Applicable Law, Scope, and Substantive Obligations
Applicable Substantive Law and Interpretation
Investment
Investors
National Treatment
Most Favored Nation Treatment
Minimum Standards of Treatment
Fair and Equitable Treatment
Expropriation
Contract v. Treaty Claims and the Umbrella Clause
Exceptions and Defences
Reparations
Part III: Dispute Settlement
Basics of Dispute Settlement
Jurisdiction in Investment Arbitration
Jurisdiction and Admissibility
Procedural Issues
Control Mechanisms - Annulment and Review of Arbitral Awards
Enforcement of Awards and Sovereign Immunity
Part IV: Issues in International Investment Law
Investment and Labour, the Environment, and Human Rights
International Obligations of Investors and Corporate Social Responsibility
Critiques and Responses
Future Directions
