The Three Laws of International Investment
National, Contractual, and International Frameworks for Foreign Capital
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Product details:
- Publisher OUP Oxford
- Date of Publication 14 February 2013
- ISBN 9780199654567
- Binding Hardback
- No. of pages468 pages
- Size 249x177x33 mm
- Weight 974 g
- Language English 0
Categories
Short description:
There are three legal frameworks applicable to international investments: the laws of the host state and the investor's country, the contract between the host state and the investor, and the rules of international investment law. This book assesses how these three bodies of law interact in investment agreements and dispute arbitration.
MoreLong description:
International investments are governed by three different legal frameworks: 1) national laws of both the host country and the investor's home country; 2) contracts, whether between the investor and the host country or among investors and their associates; and 3) international law, consisting of applicable treaties, customs, and general principles of law. Together, these three frameworks profoundly influence the organization, operation, and protection of foreign investments. Investors, government officials, and their legal counsel must therefore understand the complex interaction among these frameworks and how best to employ them to advance their interests.
This book examines the content of each of these three legal frameworks for international investment and explores how they influence the foreign investment process and the nature of investment transactions, projects, and enterprises. The book is divided into five parts. Part I, after explaining the contemporary nature and significance of international investment, examines the theoretical and practical links between law and the investment process. Part II explores the nature of national laws regulating foreign investment. Part III considers of the various contractual frameworks for international investments, looking at their negotiation, content, and stability. Part IV sets out the international legal framework governing foreign investment, focusing on the content and nature of investment treaties and on general principles. Finally, Part V discusses how the three legal frameworks interact with each other. By comprehensively examining each of the applicable legal frameworks, this book provides a vital overview of the laws, rules, and regulations governing foreign investment for lawyers, scholars, students, and government officials. Three different legal frameworks are applicable to foreign investment: the laws of the host state and the investor's home country, the contract between the host state and the investor, and the rules and principles of international investment law. These three bodies of law interact with each other and must be analysed together when interpreting an investment agreement or arbitrating a dispute. This book examines the content of each of these three legal frameworks and explores how they influence the flow of foreign investment.
The book is divided into five parts. Part I, after explaining the contemporary nature and significance of international investment, examines the theoretical and practical links between law and the investment process. Part II explores the nature of national laws regulating foreign investment. Part III explores the nature of the contractual framework for international investments, looking at their negotiation, content, and stability. Part IV sets out the international legal framework governing foreign investment, focusing on the content and nature of bilateral investment treaties and on general principles. Finally, Part V considers how the three legal frameworks interact with each other. By comprehensively examining each of the applicable legal frameworks, this book provides a vital overview of the laws, rules, and regulations governing foreign investment for lawyers, scholars, students, and government officials working in the field.
Table of Contents:
Part I: International Investment and the Law
The Nature and Significance of International Investment
The Relationship between Law and International Investment
Three Legal Frameworks for International Investment: National, Contractual, and International
Part II: The National Legal Framework
Factors Shaping National Legal Frameworks for International Investment
National Regulations of the Entry and Exit of Capital
National Regulations on Foreign Investment
The Challenges of Legal Change
Part III: The Contractual Framework
The Nature and Functions of the Contractual Framework for Investment
The Negotiation of International Investment Contracts
The Nature and Content of International Investment Contracts
Political Risk Insurance
Contractual Stability, Instability, and Renegotiation
Part IV: The International Legal Framework
The Foundations of the International Legal Framework for Investment
The Treatification of International Investment Law
The Nature and Content of Investment Treaties
Part V: Conclusion
The Interaction of the Three Legal Frameworks
