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Pris: 719 SEK exkl. moms  |  This book provides an ideal introduction to the fundamentals of international investment law and dispute settlement for students, scholars, and practitioners. It combines a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals.
- Provides 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-to-State and Investor-State Arbitration
- Leading introductory text for students on international investment law courses, or for practitioners new to the area
New to this edition
- Fully revised and updated to reflect the evolution of treaty practice, jurisprudence, and doctrinal opinion
- Covers new treaties such as the CPTPP, USMCA, and CETA
- Case references have been expanded and each chapter is now introduced by a short bibliography
Table of Contents
I. History, Sources, and Nature of International Investment Law
1:The history of international investment law
2:The sources of international investment law
3:The nature of international investment law
II. Interpretation and Intertemporal Application of Investment Treaties
1:The interpretation of investment treaties
2:The application of investment treaties in time
III. Investor
1:Private foreign investors
2:Nationality of individuals
3:Nationality of corporations
4:A local company as a foreign investor
5:Nationality planning
6:Denial of benefits
7:An active investor?
IV. Investment
1:Terminology and concept
2:Definitions of investment
3:A general concept of investment?
4:Types of investments
5:The unity of an investment
6:The origin of the investment
7:Investments in the host State's territory
8:Investments in accordance with host State law
9:Indirect investments
V. Investment Contracts
1:Types of investment contracts
2:Applicable law
3:Dispute settlement
4:Stabilization clauses
5:Renegotiation and adaptation
VI. Admission and Establishment
1:The right to control admission and establishment
2:The move towards economic liberalism
3:Investment promotion
4:The right to admission and the right of establishment
5:Treaty models of admission
6:Performance requirements
7:The inception of an investment
VII. Expropriation
1:The object of an expropriation
2:Expropriation as an act of government
3:Indirect expropriation
4:The legality of the expropriation
VIII. Standards of Protection
1:Fair and equitable treatment
2:Full protection and security
3:Arbitrary or discriminatory measures
4:National treatment
5:Most-favoured-nation treatment
6:The umbrella clause
7:Effective means
8:Transfer of funds
IX. Emergency Situations and Armed Conflicts
1:Competing policies
2:Effects of violence under traditional international law
3:The ILC Articles on state responsibility
4:Treaty law
X. Attribution
1:Sources and principles
2:Organs, provinces, and municipalities
3:Exercise of governmental authority
4:Instruction, direction, or control
XI. Political Risk Insurance
1:History and purpose
2:Different types of insurance
3:Subrogation
4:Risks covered
XII. Settling Investment Disputes
1:State-to-State disputes
2:The limited usefulness of domestic courts
3:Settlement of Investor-State disputes by arbitration and conciliation
4:Arbitration institutions and regimes
5:Investment disputes
6:The parties to investment disputes
7:Consent to investment arbitration
8:Conditions for the institution of proceedings
9:MFN clauses and dispute settlement
10:Treaty claims and contract claims
11:Procedure
12:Applicable law
13:Remedies
14:Costs
15:Review of awards
16:Enforcement of awards | | |
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