A Practical Guide to Investment Treaties: Asia Pacific

Law

A Practical Guide to Investment Treaties: Asia Pacific

Edited by Baxter Roberts · Michael Feutrill · Kanaga Dharmananda
LexisNexis Australia July 2015

Specifications

ISBN-13
9780409340709
Publisher
LexisNexis Australia
Publication
July 2015
Format
Paperback
Jurisdiction
Australia ? Countri(es) for reference only

Details

In this complex area of law a concise and practical guide has been missing - until now. A Practical Guide to Investment Treaties: Asia Pacific offers an explication of the core principles of international investment law, as affected by a bilateral or a multilateral investment treaty.

Containing an analysis of the key protections in over 500 treaties involving States from the Asia-Pacific region, this text provides an introduction to the structure, content, and application of those treaties, with a focus on the experiences and future of this field in the region.

The key protections afforded by investment treaties and the means by which those protections can be enforced are set out in a concise and accessible manner.

Table of Contents

1. Introduction

2. Provisions Defining Scope and Application of the Treaty

Key Standards of Treatment
3. Expropriation
4. Fair and Equitable Treatment
5. Protection and Security
6. National Treatment
7. Most Favoured Nation Treatment
8. Arbitrary, discriminatory or unreasonable impairment
9. Umbrella Clauses
10. Free Transfer of Funds

Dispute Settlement
11. Disputes between Contracting States to an Investment Treaty
12. Disputes between a Foreign Investor and the Host State
13. Compensation, Damages and other Remedies in Investor-State Disputes
14. Annulment, Set-Aside and Enforcement of Investor-State Arbitral Awards
15. Conclusion

Appendix 1 – overview of selected investment treaties in Asia-Pacific
Appendix 2 – list of publicly-known investor-State disputes
based on a treaty involving parties from Asia-Pacific
Appendix 3 – list of publicly-known investor-State disputes
based on a contract involving parties from Asia-Pacific
Appendix 4 – selected investment treaties
Appendix 5 – selected practice precedents
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