The Law of Investment Treaties
Series: Oxford International Law Library;
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Product details:
- Publisher OUP Oxford
- Date of Publication 7 January 2010
- ISBN 9780199206056
- Binding Hardback
- No. of pages554 pages
- Size 241x163x37 mm
- Weight 1009 g
- Language English 0
Categories
Short description:
Investment treaties grant protection to foreign investors and are increasingly important in planning, executing and managing international investments. This book explains the nature, history, and significance of investment treaties and their impact on international investors and investments, and governments that are parties to them.
MoreLong description:
Investment treaties, which grant special international protection to foreign investors and give them a means to enforce those rights against States in which they have invested, have become increasingly important in planning, executing and managing international investments. The Law of Investment Treaties explains the nature, history, and significance of investment treaties and their impact on international investors and investments, as well as on governments
that are parties to them.
The international law governing trans-national investments has undergone a remarkable transformation in a relatively short time. The fundamental tool for effecting that transformation has been the investment treaty, in which contracting countries set down rules to govern investments by their respective nationals in each other's territories. They include the North American Free Trade Agreement, the Energy Charter Treaty, and some 2500 bilateral investment treaties. This trend is bound to grow in
the future. While differing in particular provisions, investment treaties all do two things: 1) they grant special protective rights to foreign investors, and 2) they provide for mechanisms that allow investors to enforce those rights, usually by international arbitration.
The Law of Investment Treaties examines the nature, history, and significance of investment treaties and their impact particularly on protected investors and investments, as well as on governments. Although the precise provisions of investment treaties are not uniform and some treaties restrict host country governmental action more than others, virtually all investment treaties address the same issues. Drawing on the growing body of arbitration decisions applying and interpreting
investment treaties, this book examines in detail these common issues, including the scope of application, conditions for the entry of foreign investment and general standards of treatment of foreign investments (including increasingly common concepts such as "fair and equitable treatment" "national treatment",
"most-favoured-nation treatment" etc.). Monetary transfers, operational conditions, protection against expropriation and dispossession and compensation for losses are also explored. Salacuse also discusses dispute settlement, including negotiation, arbitration, conciliation, and judicial proceedings.
The quality and rigor of the scholarly inquiry is impeccable, with Salacuse methodically breaking down the complex components of subject areas and being prudently mindful of underlying variances across different treaties.
Table of Contents:
Preface
Table of Cases
Table of Conventions, Treaties, and Agreements Abbreviations
A Global Regime for Investment
The Nature and Significance of International Investment
The Foundations of International Investment Law
A History of International Investment Treaties
The General Structure of Investment Treaties
The Interpretation of Investment Treaties
Scope of Application of Investment Treaties
Investment Promotion, Admission, and Establishment
General Treatment Standards
Monetary Transfers and Treatment
Treatment of State Obligations (The 'Umbrella Clause')
Protection Against Expropriation, Nationalization, and Dispossession
Other Treatment Standards
Investment Treaty Exceptions, Modifications, and Terminations
Investment Treaty Dispute Settlement
A Selection of Investment Treaty Texts
A Selective Bibliography on the Law of Investment Treaties
Index
