The Origin and Evolution of Investment Treaty Standards
Stability, Value, and Reasonableness
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Product details:
- Publisher OUP Oxford
- Date of Publication 24 December 2019
- ISBN 9780198842637
- Binding Hardback
- No. of pages210 pages
- Size 237x159x19 mm
- Weight 498 g
- Language English 0
Categories
Short description:
This book charts the origins and development of investment protection provisions in foreign investment treaties. Federico Ortino argues that these provisions revolve around three key concepts: legal stability, investment's value, and reasonableness.
MoreLong description:
This book provides a conceptual and legal analysis of the core of investment protection guarantees that emerge from international treaties signed since 1959 for the promotion and protection of foreign investment. It focuses on both the origin and evolution of investment treaty standards. Beginning with origins, the work considers the broader context at the time when the first modern investment treaty was concluded. It goes on to examine the many decisions of ad hoc arbitral tribunals that have since been called upon to apply these treaties in order to resolve the several hundred investor-State disputes. It also looks at some of the recent investment treaties that have attempted to clarify and/or reform the content and scope of investment protection guarantees.
Federico Ortino posits that the key investment protection provisions in investment treaties, and thus much of the controversy associated with such treaties, revolve around three concepts: legal stability, investment's value, and reasonableness. He argues that, from the very beginning, the protections afforded to foreign investments by modern investment treaties have been exceptionally broad, and as such restrictive of host States' ability to regulate. And whilst a growing number of investment treaty tribunals, as well as new investment treaties, have to some extent reined in such broad protections, the evolution of key investment protection standards has been marred by inconsistency and uncertainty.
[B]y scrutinizing each case in its chronological and factual context, the author has done a fine job in illustrating the intricate differences between the stances taken by tribunals ... With his careful examination of recent invest treaty practice, the author has found several ways by which drafters can effectively curtail uncertainties surrounding certain terms in the BIT. It is safe to conclude that the book is a valuable contribution that would benefit treaty drafters and scholars alike. As this book provides concise factual background and detailed analysis of the legal arguments made by each tribunal, it can also assist practitioners in finding favourable cases and spotting unfavourable ones.
Table of Contents:
Introduction
Guarantees of legal stability in the strict sense
Protecting the value of investments: the expropriation provision
Ensuring reasonableness in the conduct of host states
Conclusion
