Details
- Offers a unique overview of the principles shaping the international law of foreign investment, as they have been defined in investment treaties and by the jurisprudence of international tribunals
- Analyses the dispute settlement mechanisms at work in State v. State and Investor v. State Arbitration
- Ideally suited as an introductory text for students on international investment law courses, or for practitioners new to the area
This book outlines the principles behind the international law of foreign investment. The main focus is on the law governed by bilateral and multilateral investment treaties. The book traces the purpose, context and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law interpreting the issues raised by standard clauses. Particular consideration is given to broad treaty-rules whose understanding in practice has mainly been shaped by their interpretation and application by international tribunals. In addition, the book introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of State vs. State and Investor vs. State arbitration.
Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students or practitioners new to the field.
Readership: Practitioners, Government Officials, scholars and students in the field of international investment
I. Background and Introduction
1. The Object and Purpose of International Investment Law
2. The History of International Investment Treaties
3. The Evolving Context of Investment Rules: The Sources of International Investment Law
4. Model Treaties
5. Interpreting Investment Treaties
II. Investors and Investments Covered by International Agreements
6. Nationals and Companies
7. The Concept of Investment
8. Application of International Agreements in Time
III. Investment Contracts
9. Investment Contracts
IV. Admission and Establishment
10. Admission and Establishment
V, Principles of Protection: Substantive Standards
11. Fair and Equitable Treatment
13. Full Protection and Security
14. Protection from Expropriation
14. Protecting Contractual Rights: The Umbrella Clause
15. Access to Courts, Denial of Justice, Fair Procedure
16. Armed Conflict and Emergencies
17. Preserving Existing Rights
18. Protection Against Arbitrary Treatment and Discrimination
19. National Treatment
20. Most Favoured Nation Treatment
21. Transfer of Payments, Convertibility, Exchange Rights
VI. Questions of State Responsibility
22. Attribution: Provinces, Municipalities
23. The Role of State Entities
VII. Political Risk Insurance
24. MIGA
25. National Insurance Programmes
26. Private Investment Insurance
VIII. Settling Investment Disputes
27. State v. State Disputes
28. Investor v. State Disputes
Annexes
Five Model Treaties: US, UK, France, Germany, China
ICSID Convention
NAFTA Ch. XI
ECT ;
Rudolf Dolzer, Professor, University of Bonn, Germany, and Christoph Schreuer, Professor of International Law, University of Vienna, Austria
"Clearly written and take[s] a comprehensive approach to the major issues and principles of international investment law...a useful guide not only for novices in the field of investment law, but also for experienced practitioners since [it] represent[s] a powerful reference tool...[The book is] equally useful for counsel representing investors and states, arbitrators and negotiators of investment treaties, as [it] contain[s] excellent information and references, as well as pertinent commentaries and stimulating ideas." - Crina Baltag, British Yearbook of International Law
"This book is bound to become the primary teaching material for international investment law in law schools around the world." - Stephan W. Schill, European Journal of International Law, 20, 2009
"Probably the most comprehensive and in-depth monograph of most aspects of the topic of international investment law there is today. It is not only the number 1 textbook, but
