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Law and Practice of Investment Treaties. Standards of Treatment

Law and Practice of Investment Treaties. Standards of Treatment

Author: Andrew Newcombe; Lluís Paradell
Publisher: Kluwer Law International
ISBN: 9789041123510
Published In: February 2009
Format: Hardback , 648 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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Foreign investors enjoy the protection of a vast network of international investment agreements (IIAs) supplemented by the general rules of international law. Under IIAs, states must accord foreign investors substantive standards of promotion and protection. In addition, IIAs provide an investor-state arbitration mechanism that allows foreign investors to enforce these standards against host states. In response to disputes arising under the IIA regime, since the early 1990s a significant body of arbitral jurisprudence has developed. This book provides a comprehensive and systematic explanation of these standards of treatment, taking into account developments in treaty practice and arbitral jurisprudence. Where possible, the authors critically examine the applicable principles emerging from treaty practice and jurisprudence.

The book focuses on the substantive protections accorded to foreign investors and investments. Among the many specific issues and topics that arise in the course of the analysis are the following:

the origins and evolution of the international investment treaty framework;
the interaction between international and national law in the resolution of IIA disputes and the interpretation of IIAs;
the role IIAs play in investment liberalization and their interaction with other areas of international economic law;
the relationship between treaty and customary international law standards;
the development of norms of non-discrimination and minimum standards of treatment, including fair and equitable treatment;
the meaning of expropriation and conditions for lawful expropriations;
the rules relating to transfer of funds, performance requirements and transparency; and
exceptions and defences to investment treaty obligations.

International business and other investors will greatly appreciate the in-depth information and insightful guidance in this solidly useful book. It will also be welcomed by jurists and students as a significant milestone in the articulation of principles in a quickly growing field of international law.

1. The Historical Development of Investment Treaty Law.
2. Applicable Substantive Law and Interpretation.
3. Treaty Titles and Preambles, Promotion, Admission and Establishment Obligations.
4. National Treatment.
5. Most-favoured-nation Treatment.

6. Minimum Standards of Treatment.
7. Expropriation.
8. Transfer Rights, Performance Requirements and Transparency.
9. Observance of Undertakings.
10. Exceptions and Defences.