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Principles of International Investment Law 3rd ed


ISBN13: 9780192857811
Previous Edition ISBN: 9780199651801
Published: January 2022
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £49.99
Hardback edition , ISBN13 9780192857804



In stock.

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. It 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 Investor-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, scholars, and practitioners alike.

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

  • Subjects:
    International Investment Law, Arbitration and Alternative Dispute Resolution
    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 award

    Series: Foundations of Public International Law

    Principles of International Investment Law 3rd ed ISBN 9780192857804
    Published January 2022
    Oxford University Press
    £120.00
    The Sources of International Law 2nd ed ISBN 9780198841814
    Published April 2019
    Oxford University Press
    £89.00
    The Sources of International Law 2nd ed ISBN 9780198841821
    Published April 2019
    Oxford University Press
    £33.49
    International Law and the Use of Force 4th ed ISBN 9780198808411
    Published February 2018
    Oxford University Press
    £110.00
    International Law and the Use of Force 4th ed ISBN 9780198808428
    Published February 2018
    Oxford University Press
    £40.99
    The Sources of International Law ISBN 9780199685394
    Published March 2014
    Oxford University Press
    Out of print
    Principles of International Investment Law 2nd ed (eBook) ISBN 9780191632136
    Published November 2012
    Oxford University Press
    £50.83
    (ePub)
    Buy
    Principles of International Investment Law 2nd ed ISBN 9780199651801
    Published November 2012
    Oxford University Press
    £61.00
    Principles of International Investment Law 2nd ed ISBN 9780199651795
    Published November 2012
    Oxford University Press
    £140.00
    International Law and the Use of Force 3rd ed (eBook) ISBN 9780191021626
    Published July 2008
    Oxford University Press
    Out of print
    International Law and the Use of Force 3rd ed ISBN 9780199239146
    Published July 2008
    Oxford University Press
    Out of print
    International Law and the Use of Force 3rd ed (eBook) ISBN 9780191553578
    Published July 2008
    Oxford University Press
    Out of print
    Principles of International Investment Law ISBN 9780199211753
    Published February 2008
    Oxford University Press
    Out of print
    Principles of International Investment Law ISBN 9780199211760
    Published February 2008
    Oxford University Press
    Out of print
    Making of Inernational Law 1st ed ISBN 9780199248193
    Published February 2007
    Oxford University Press
    £100.00
    Making of International Law (eBook) ISBN 9780191021763
    Published February 2007
    Oxford University Press
    £42.50
    (ePub)
    Buy
    Making of International Law ISBN 9780199213795
    Published February 2007
    Oxford University Press
    £51.00
    Immunities from Jurisdiction in International Law ISBN 9780199550319

    Oxford University Press
    Publication Abandoned