You have no items in your shopping cart.

Commentaries on Selected Model Investment Treaties

Commentaries on Selected Model Investment Treaties

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199645190
  • Published In: January 2013
  • Format: Hardback , 1024 pages
  • Jurisdiction: Austria, Canada, China, Colombia, France, Germany, International, Italy, Japan, Korea, Latvia, Netherlands, Russia, Singapore, Switzerland, U.K., U.S. ? Disclaimer:
    Countri(es) stated herein are used as reference only
Out of stock
OR
  • Description 
  • Contents 
  • Author 
  • Details

    • First book to systematically analyse Model Bilateral Investment Treaties (BITs), which lie at the basis of thousands of inter-state investment treaties
    • Provides detailed article-by-article commentary on the Model BITs of 19 key jurisdictions, drawing on analysis of internal government policy documents and each state's investment treaty practice
    • Written by a leading international author team of experienced practitioners

    The existing literature on the substantive and procedural aspects of bilateral investment treaties (BITs) relies heavily on investment treaty arbitration decisions as a source of law. What is missing is a comprehensive, analytical review of state practice. This volume fills this gap, providing detailed analyses of the investment treaty policy and practice of nineteen leading capital-exporting states and emerging market economies. 

    The authors are leading experts in government, academia, and private legal practice, and their chapters are largely based on primary source materials. Each chapter provides a description of the regulatory or policy framework governing foreign investment (both inflows and outflows) with a historical presentation of the state's Model BIT; an examination of internal government processes and practices relating to treaty negotiation, conclusion, ratification and record-keeping; and a detailed article-by-article analytical commentary of the state's Model BIT, elucidating the policy behind each provision and highlighting the ways in which the actual investment treaty practice of that state deviates from this standard text. This commentary is supplemented by the case law relevant to that state's investment treaties. 

    This commentary will be of immense assistance to counsel and arbitrators engaged in arguing and determining the proper interpretation of BITs and investment chapters in Free Trade Agreements, and to government officials and scholars engaged in BIT policy formulation and implementation. It will serve as a standard resource for legal practitioners, scholars, policy-makers and other stakeholders in the field of international investment policy, law, and arbitration.

    Readership: Lawyers in private practice in the field of investment treaty arbitration; scholars of post-graduate students of international investment law; government and NGO legal advisers working in investment law

  • 1: Chester Brown: Introduction
    2: August Reinisch: Austria
    3: Andrew Newcombe and Celine Levesque: Canada
    4: Norah Gallagher and Wenhua Shan: China
    5: Jose Antonio Rivas: Colombia
    6: Yas Banifatemi and Andre von Walter: France
    7: Rudolf Dolzer and Yun-I Kim: Germany
    8: Federico Ortino: Italy
    9: Luke Nottage and Shotaro Hamamoto: Japan
    10: Shin Hi-Taek: Republic of Korea
    11: Martins Paparinskis: Latvia
    12: Andrea Bjorklund: NAFTA
    13: Nico Schrijver and Vid Prislan: Netherlands
    14: Sergey Ripinsky: Russia
    15: Jean Ho: Singapore
    16: Michael Schmid: Switzerland
    17: Chester Brown and Audley Sheppard: United Kingdom
    18: Jeremy Sharpe and Lee Caplan: United States

  • Edited by Chester Brown, Associate Professor, Faculty of Law, University of Sydney; Barrister, 7 Selborne Chambers, Sydney; Essex Court Chambers, London; and Maxwell Chambers, Singapore

    Dr Chester Brown is Associate Professor at the Faculty of Law, University of Sydney, a Barrister at 7 Selborne Chambers, Sydney, and a door tenant at Essex Court Chambers, London, and Maxwell Chambers, Singapore. He previously served as Assistant Legal Adviser at the Foreign and Commonwealth Office, London, and prior to that he was Senior Associate in the International Law and International Arbitration Group of Clifford Chance LLP, London. He is the author of A Common Law of International Adjudication (OUP, 2007), which was awarded the ASIL Certificate of Merit. He was educated at the Universities of Melbourne, Oxford and Cambridge.

     

    Contributors: 
    Yas Banifatemi - Shearman & Stirling LLP
    Andrea Bjorklund - UC Davis School of Law
    Lee Caplan - American University, Washington
    Rudolf Dolzer - Institute for International Law, University of Bonn
    Emmanuel Gaillard - Shearman & Stirling LLP
    Norah Gallagher - Queen Mary, University of London
    Shotaro Hamamoto - Kyoto University 
    Shin Hi-Taek - Seoul National University 
    Jean Ho - National University of Singapore
    Celine Levesque - University of Ottawa
    Andrew Newcombe - University of Victoria
    Luke Nottage - Sydney Law School
    Federico Ortino - King's College, London
    Martins Paparinskis - Merton College, Oxford 
    Vid Prislan - Universitat Leiden
    August Reinisch - Universitat Wien
    Sergey Ripinsky 
    Jose Antonio Rivas - Georgetown
    Michael Schmid - Durham University
    Nico Schrijver - Leiden
    Wenhua Shan - Oxford Brookes University
    Jeremy Sharpe - Georgetown
    Audley Sheppard - Clifford Chance LLP

You may also be interested in these books: