Details
- A broad ranging, completely comprehensive, and critical assessment of international law on foreign investment
- Discusses the major approaches to the substantive issues of foreign investment such as the most-favoured-nation principle, state responsibility, and competition law
- Examines procedural issues such as alternative dispute resolution and consent to arbitration, making this pertinent to practitioners as well as academics
The Oxford Handbooks series is a major new initiative in academic publishing. Each volume offers an authoritative and state-of-the-art survey of current thinking and research in a particular subject area. Specially commissioned essays from leading international figures in the discipline give critical examinations of the progress and direction of debates. Oxford Handbooks provide scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social sciences.
The Oxford Handbook of International Investment Law aims to provide the first truly exhaustive account of the current state and future development of this important and topical field of international law.
The Handbook is divided into three main parts. Part One deals with fundamental conceptual issues, Part Two deals with the main substantive areas of law, and Part Three deals with the major procedural issues arising out of the settlement of international investment disputes.
The book has a policy-oriented introduction, setting the more technical chapters that follow in their policy environment within which contemporary norms for international foreign investment law are evolving. The Handbook concludes with a chapter written by the editors to highlight the major conclusions of the collection, to identify trends in the existing law, and to look forward to the future development of this field.
Readership: Academics, scholars, advanced students of public international law; financial law, taxation and commercial law; and international economic & trade law. Also practitioners involved with corporate finance, and the regulation of investment arbitration.
Preface
Abbreviations
A Fundamental Issues
1: Peter Muchlinski: Policy and Objectives
2: Engela Schlemmer: Investment, Investor, Nationality and Shareholders
3: Ole Spiermann: Applicable Law
4: S. Amarasinha, J. Kokott: Do we need a Multilateral Investment Agreement?
5: Moshe Hirsch: Relationship Between Investment Treaties and Other Treaties
6: Friedl Weiss: Trade and Investment
B Substantive Issues
1: Ignacio Gomez-Palacio, Peter Muchlinski: Admission of Investment and Right of Establishment
2: Todd Weiler and Ian A. Laird: Standards of Treatment
3: Thomas Wäelde, Abba Kolo: Coverage of Taxation under Modern Investment Treaties
4: Pia Acconci: Most-Favoured-Nation Treatment
5: August Reinisch: Expropriation
6: Andrea Bjorklund: Emergency Exceptions and Safeguards
7: Andreas R. Ziegler: Investment Insurance
8: Kaj Hobér: State Responsibility
9: Hilmar Raeschke-Kessler: Corruption
10: A. Kotera: Transparency
11: P. Muchlinski: Corporate Social Responsibility
C Procedural Issues
1: Loretta Malintoppi, August Reinisch: Methods of Dispute Resolution
2: Joachim Frances Delaney, Daniel Magraw: Transparency and Public Interest
3: Loretta Malintoppi: Independence, Impartiality and Duty of Disclosure of Arbitrators
4: Christoph Schreuer: Consent to Arbitration
5: David Williams: Jurisdiction and Admissibility
6: J.J. barones van Haersolte-van Hof, Anne K. Hoffmann: Relationship between International Arbitral Tribunals and Domestic Courts
7: Katia Yannaca-Small: Parallel International Proceedings
8: Thomas Wäelde, Borzu Sabahi: Remedies and Damages
9: Vladimir Balas: Review of Awards
10: A. Qureshi: A Possible Appellate System
11: Alan Alexandroff, I. Laird: Compliance and Enforcement
12: IM. Weiniger, C. Schreuer: Precedent
13: G. Cordero Moss: Tribunal's Initiative or Party Autonomy?
Peter Muchlinski, Christoph Schreuer, Federico Ortino: Conclusions and Trends
Edited by Peter Muchlinski, Professor in International Commercial Law at the School of Oriental and African Studies, Federico Ortino, Reader in International Economic Law, King's College London, and Christoph Schreuer, Professor in the Department for European, International, and Comparative Law, University of Vienna
Contributors:
Peter Muchlinski
Engela Schlemmer
Ole Spiermann
Moshe Hirsch
Friedl Weiss
Juliane Kokott
Ignacio Gomez-Palacio
Todd Weiler
Ian A. Laird
Thomas Wäelde
Abba Kolo
Pia Acconci
August Reinisch
Andrea Bjorklund
Andreas R. Ziegler
Kaj Hobér
Hilmar Raeschke-Kessler
Stefan Amarasinha
Akira Kotera
Loretta Malintoppi
Joachim Frances Delaney
Daniel Magraw
Christoph Schreuer
David Williams
J.J. barones van Haersolte-van Hof
Anne K. Hoffmann
Katia Yannaca-Small
Thomas Wäelde
Borzu Sabahi
Vladimir Balas
Alan Alexandroff
Ignacio Suarez Anzorena
Giuditta Cordero Moss
Federico Ortino
"'The Oxford Handbook of International Investment Law' is a true reference book. It provides an exhaustive view of modern investment law and would therefore undeniably be of use to any legal practitioner or academic interested in this subject." - Revue De Droit Des Affaires Internationales
"Superbly written, and obviously the product of experienced editing. It presents a logical blueprint for both novice and expert readers. it is supported by useful footnote authorities. The overall subject is covered in a way that defies competition. It is thus a 'must' for business and law libraries...One might also use this book to teach an entire International Law course, premised upon a business-oriented approach. It would certainly be a valuable adjunct to the many legal courses touched by its grand design." - ASIL Newsletter, May 2009
"This book performs the role of a twin to the Oxford Handbook of International Trade Law (published in 2009), meaning that it is a standard reference work, the ideal starting point for a search concerning particular investment law issues, for example the rules on expropriation, standards of treatment or compensation. The reader will not only find a comprehensive analysis of the main ideas formulated elsewhere on these topics but also a number of proposals for improvement in these well-known areas...The book also furthers scholarship on investment law through several interesting contributions on novel themes which have been less extensively elaborated upon elsewhere...the Oxford Handbook of International Investment Law forms an excellent resource for academics and practitioners...as well as for advanced students of international law." - Freya Baetens, European Journal of International Law, Vol 20 No.3, August 2009
"...addresses the most relevant issues in a systematic way and rationalises the topics that come up most frequently in practice...This book will prove most valuable for practitioners in the field of arbitration." - ASA Bulletin 3
"...an important contribution to an emerging field of scholarship. The book provides not only encyclopedic coverage of the relevant legal doctrines, but also innovative theorizing regarding the future of international investment law." - ASIL Book Prize Committee 2009
