Law Banking / Finance

International Investment Law: Reconciling Policy and Principle, 5th Edition

By Surya Subedi
Hart Publishing March 2024

Specifications

ISBN-13
9781509975198
Publisher
Hart Publishing
Publication
March 2024
Format
Paperback , 308 pages
Jurisdiction
International ? Countri(es) for reference only

Also available as

Details

...This book […] goes beyond stating what the law is and focuses on controversies occurring within this area of the law... an excellent introduction to this complex area of international law for newcomers to the subject.' - Kate Miles, Australian International Law Journal

The updated edition of this acclaimed book offers a critical overview of the law of foreign investment, incorporating a thorough analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives.

A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to restrict unduly the right of host governments to implement their public policy on the other, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country.

Many of the pioneering ideas that were advanced in the 1st edition of this book have been taken up by governments and international organisations in their attempts to reform the investor-State dispute settlement mechanism and strike a balance between different competing principles in developing international investment law. Accordingly, this 5th edition captures the essence of the ongoing multiple reform processes – either planned or envisaged – currently underway.

Table of Contents

Introduction
1.International Investment Law in a Changing World
2.Evolution of International Investment Law
3.International Efforts to Regulate Foreign Investment
4.Protection of Foreign Investment in Customary International Law
5.Protection of Foreign Investment Through Bilateral Investment Treaties
6.Fleshing Out the Principles Through Jurisprudence
7.Current Issues in International Investment Law
8.Addressing Current Challenges in International Investment Law
Concluding Observations

About the Author

Surya P. Subedi is Professor of International Law in the Faculty of Education, Social Sciences and Law in the University of Leeds.

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