Details
The second edition of International Investment, Political Risk and Dispute Resolution explores the multi-layered legal framework for the protection of foreign investment against political risk. The authors expertly analyse some of the key issues surrounding this subject, such as structuring transactions to minimize political risk, political risk insurance, state responsibility, treaties protecting foreign investment and human rights, and international arbitration between states and investors.
Since the previous edition was released in 2005, far more attention has been paid to these issues, in particular investor-state arbitration, as well as other current topics such as the interaction between international investment law and human rights. All chapters have been revised to take into account the number of new arbitration awards that have come to light and the massive volume of commentary on the subject of international investment arbitration since the first edition. The authors have carefully considered the latest theoretical approaches to foreign investment protection and the most intellectually challenging awards issued in the intervening decade, as well as the most recent practical guidance on the procedural recourse available to investors who face political risks. Additionally, this book contains a new chapter exploring the interaction between international investment law and the international human rights regime and considers whether there is a complementary or divergent result between competing fora.
This book is addressed to a wide audience, and is suitable as a primer for non-specialist practitioners seeking to familiarize themselves with international law pertaining to political risk. While appropriate for practitioner use, this book is also suitable for undergraduate students or for graduates who intend to specialize in international investment law.
Part I: Assessment and Pre-Investment Management of Political Risk;
Chapter 1: Political Risk;
Chapter 2: Structuring Transactions to Minimize Political Risk;
Chapter 3: Investment Insurance;
Part II: The International Law Framework of Investment Protection and Political Risk;
Chapter 4: State Responsibility and Remedies Under Customary International Law;
Chapter 5: History and Development of the Customary International Law of Expropriation and Investment Protection;
Chapter 6: The Substantive Law of Contemporary International Investment Protection;
Part III: Dispute Resolution and Political Risk;
Chapter 7: Establishing Arbitral Jurisdiction;
Chapter 8: Arbitration Procedure;
Chapter 9: Conciliation of Investment Disputes;
Chapter 10: Intervention of States in Investment Disputes;
Appendices;
Tables and Index
Table of Cases;
Table of Authorities;
Index
Noah Rubins, Freshfields Bruckhaus Deringer, and Stephan Kinsella, Applied Optoelectronics, Inc.
"An excellent account of how legal techniques can be used to provide significant protections to foreign investment. Its comprehensive coverage, clarity of expression, and useful appendices will prove invaluable to the busy lawyer. It is one of those rare books that is valuable not only for practice but also for the law classroom." - Dan Sarooshi
"A tour de force. Rubins and Kinsella have written a first-rate study of one of the most vital areas of international law today. Notwithstanding its subtitle ("A Practitioner's Guide"), scholars as well as practicing attorneys will find this an invaluable guide to understanding the multifaceted adjudicatory regime for cross-border investment disputes." - William (Rusty) Park, Professor of Law, Boston University
