Securities

The International Law on Foreign Investment 5th Edition

By M. Sornarajah
Cambridge University Press June 2021

Specifications

ISBN-13
9781108730860
Publisher
Cambridge University Press
Publication
June 2021
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The climate surrounding foreign investment law is one of controversy and change, and with implications for human rights and environmental protection, foreign investment law has gained widespread public attention and visibility. This fully updated edition of Sornarajah's classic text offers thought-provoking analysis of the law in historical, political and economic contexts, capturing leading trends and charting the possible course of future developments. It takes into account the newer types of treaties that establish a regulatory space for states and moves away from inflexible investment protection, exploring the newly created defences relating to environment, human rights, indigenous rights and other areas ending the fragmentation of the law. It looks at the current debates on legitimacy of the system and current efforts at reform. Suitable for postgraduate and undergraduate students, The International Law on Foreign Investment is essential reading for anyone specialising in the law of foreign investments.

  • A comprehensive and fully up-to-date account of the subject offering a holistic overview of the law contextualised by historical, economic and political perspectives
  • Provides a perfect balance of authoritative overview and thought-provoking analysis, with new topics taken into consideration within the context of foreign investment law, including human rights, indigenous rights, and environmental rights
  • Balances traditional developed country views on foreign investment with the views of developing states to offer competing perspectives

Table of Contents

1. Introduction
2. The shaping factors
3. Controls by the host state
4. The liability of multinational corporations and home state measures
5. Bilateral investment treaties
6. Multilateral and regional instruments on foreign investment
7. Settlement of investment disputes: contract-based arbitration
8. Treaty-based investment arbitration: jurisdictional issues
9. Causes of action: breaches of treatment standards
10. The taking of foreign property
11. Compensation for nationalisation of foreign investments
12. Defences to responsibility
Bibliography
Index.;
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