Principles of International Investment Law
Series: Foundations of Public International Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 28 February 2008
- ISBN 9780199211753
- Binding Hardback
- No. of pages480 pages
- Size 242x162x32 mm
- Weight 869 g
- Language English 0
Categories
Short description:
This book offers an ideal introduction to the fundamentals of international investment law and dispute settlement for students or practitioners new to the field. It combines a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals.
MoreLong description:
This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. The book traces the purpose, context and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly
been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of State vs. State and Investor vs. State arbitration.
Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students or practitioners new to the field.
Table of Contents:
I. Background and Introduction
The Object and Purpose of International Investment Law
The History of International Investment Treaties
The Evolving Context of Investment Rules - The Sources of International Investment Law
Model Treaties
Interpreting Investment Treaties
II. Investors and Investments Covered by International Agreements
Nationals and Companies
The Concept of Investment
Application of International Agreements in Time
III. Investment Contracts
Investment Contracts
IV. Admission and Establishment
Admission and Establishment
V, Principles of Protection - Substantive Standards
Fair and Equitable Treatment
Full Protection and Security
Protection from Expropriation
Protecting Contractual Rights: The Umbrella Clause
Access to Courts, Denial of Justice, Fair Procedure
Armed Conflict and Emergencies
Preserving Existing Rights
Protection Against Arbitrary Treatment and Discrimination
National Treatment
Most Favoured Nation Treatment
Transfer of Payments, Convertibility, Exchange Rights
VI. Questions of State Responsibility
Attribution: Provinces, Municipalities
The Role of State Entities
VII. Political Risk Insurance
MIGA
National Insurance Programmes
Private Investment Insurance
VIII. Settling Investment Disputes
State v. State Disputes
Investor v. State Disputes
Annexes
Five Model Treaties: US, UK, France, Germany, China
ICSID Convention
NAFTA Ch. XI
ECT
