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International Investment Law: A Handbook

Edited by: Marc Bungenberg, Jorn Griebel, Stephan Hobe, August Reinisch

ISBN13: 9781849463638
Published: March 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £375.00

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The growing importance of international investment law, fuelled by the processes of globalisation and the search for natural resources, and fostered by the ease of cross-border financial flows, has given rise to a huge expansion in the incidence of new investment treaties and, consequently, disputes.

The complexity of this area and the enormous sums of investment involved mean that the agreements and treaties themselves are highly evolved, while the disputes arising are often hugely intricate and intractible. No area of international law is more in need of the careful and balanced attention of scholars, of the sort which this Handbook brings to bear.

Anyone interested in international investment law will appreciate the comprehensive, thoughtful and detailed exploration of this area which this distinguished group of German scholars have provided.

International Investment Law
Chapter 1: General Introduction to International Investment Law

Chapter 2: The Law Relating to Aliens, the International Minimum Standard and State Responsibility
I. The Development of the Law of Aliens and the Emergence of General Principles of Protection under Public International Law
II. State Responsibility
III. The Protection of Individuals under Public International Law
IV. Outlook on the Developments in Public International Law and the Law Relating to Aliens

Chapter 3: State Contracts and the Relevance of Investment Contract Arbitration
I. Investor-State Contracts in the Context of International Investment Law
II. Typical Questions Arising within Negotiations

Chapter 4: International Investment Agreements – History, Approaches, Schools
I. The Evolution of the Regime of International Investment Agreements: History, Economics and Politics
II. Bilateral Approaches
III. Pluri-/Multilateral and Regional Approaches

Chapter 5: International Investment Agreements and the General Body of Rules of Public International Law
I. Two Worlds, but Not Apart: International Investment Law and General International Law
II. The Interpretation of International Investment Agreements
III. The Application of the Rules of State Responsibility
IV. Circumstances Precluding Wrongfulness

Chapter 6: The Scope of Application of International Investment Agreements
I. Ratione Temporis
II. Ratione Materiae
III. Ratione Personae

Chapter 7: The Liberalisation of the International Movement of Capital and of International Investments
I. WTO Rules and Obligations Related to Investment
II. EU Rules and Obligations Related to Investment
III. Pre-Entry Obligations under International Law

Chapter 8: Standards of Protection
I. Fair and Equitable Treatment: Content, Practice, Method
II. Protection and Security (Including the NAFTA Approach)
III. Arbitrary/Unreasonable or Discriminatory Measures
IV. Most Favoured Nation Treatment
V. National Treatment
VI. Transfer of Funds
VII. Umbrella Clause
VIII. Expropriation

Chapter 9: Restitution, Damages and Compensation
I. The System of Reparation and Questions of Terminology
II. Methods of Valuing Losses
III. Valuation in Cases of Expropriation
IV. Valuation in Cases of Breaches of International Law Unrelated to Expropriation
V. Valuation in Cases of Breach of Contract
VI. Limits on Compensation for Internationally Wrongful Acts
VII. Moral Damages
VIII. Interest

Chapter 10: Obligations of Investors

Chapter 11: Dispute Resolution
I. Alternatives to Investment Arbitration
II. Investment Arbitration: Jurisdiction and Admissibility
III. Investment Arbitration: Procedure
IV. Investment Arbitration: Applicable Law
V. Investment Arbitration: Remedies
VI. Investment Arbitration: Challenges to the System
VII. Enforcement of Awards
VIII. Precedents in International Investment Law

Chapter 12: Political Risk Insurance and Financing of Foreign Direct Investment
I. Political Risk Insurance and Investment Treaty Protection
II. Excursus: German Political Risk Insurance
III. Financing of Foreign Direct Investment by Development Finance Institutions

Chapter 13: Contemporary Issues and Outlook
I. Investment Law and the Individual
II. The Relationship of International Investment Law and European Union Law
III. Investment Law and Public Services
IV. Investment Law and Energy
V. Investment Law and Taxation
VI. Investment Law and Intellectual Property Rights
VII. Investment Law and Sustainable Development: The Environment breaks into Investment Disputes
VIII. Human Rights and Investment Disciplines: Integration in Progress
IX. International Investment Law and Good Governance
X. Investment Law in Conflict with WTO Law?
XI. Investment Law and Sovereign Wealth Funds
XII. Multilateralization: An Ordering Paradigm for International Investment Law
XIII. Approaches to Investment Protection outside of Specific International Investment Agreements and Investor-State Settlement

Chapter 14: The Future of International Investment Law
I. The Future of International Investment Law – Substantive Protection and Dispute Settlement
II. Does Investment Arbitration have a Future?
III. Where Public meets Private: a Few Thoughts on Investment Law and Arbitration
IV. The Likely Content of Future EU Investment Agreements
V. The Future of International Investment Law