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Call # K3830 .D65 2008
Author Dolzer, Rudolf
Title Principles of international investment law / Rudolf Dolzer and Christoph Schreuer
Imprint Oxford ; New York : Oxford University Press, 2008
Book Cover
LOCATION CALL NO. STATUS
 INTL  K3830 .D65 2008    AVAILABLE

Details

Descript. xliii, 433 p. ; 25 cm
Summary/Abstract "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 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 alike."--BOOK JACKET
Note Includes bibliographical references and index
Subject Investments, Foreign -- Law and legislation
Alt Author Schreuer, Christoph
OCLC # 190843484
Table of Contents
 Table of Cases 
 Table of Treaties, Conventions, Resolutions, and Rules 
INature, Evolution, and Context of International Investment Law1
1International Investment Law as a Field of Study1
2The Business Nature of a Foreign Investment: A Long-Term Risk3
3Host State Sovereignty and the Rules of Foreign Investment7
4Customary International Law: The Emergence of a Minimum Standard11
5Treaty Law: Evolution and Purpose17
6Current Trends in Treaty Practice24
7Regional Agreements: Energy Charter, NAFTA27
IIInterpretation and Application of Investment Treaties31
1Interpreting Investment Treaties31
2Application of Investment Treaties in Time38
IIIInvestors and Investments46
1Investors: Individuals, Companies, Nationality, and Shareholders46
2Investment60
IVInvestment Contracts72
1Types of Investment Contracts72
2Applicable Law73
3Stabilization Clauses75
4Renegotiation/Adaptation77
VAdmission and Establishment79
1The Move towards Economic Liberalism79
2Treaty Models of Admission80
3Performance Requirements82
4Non-Compliance by Investor with Host State Law and International Public Policy84
VIExpropriation89
1The Right to Expropriate89
2The Three Branches of the Law90
3The Legality of the Expropriation90
4Direct and Indirect Expropriation92
5Expropriation of Contractual Rights115
VIIStandards of Protection119
1Fair and Equitable Treatment119
2Full Protection and Security149
3The Umbrella Clause153
4Access to Justice, Fair Procedure, and Denial of Justice162
5Emergency, Necessity, Armed Conflicts, and Force Majeure166
6Preservation of Rights172
7Arbitrary or Discriminatory Measures173
8National Treatment178
9Most-Favoured-Nation Treatment186
10Transfer of Funds191
VIIIState Responsibility and Attribution195
1Organs, Provinces, and Municipalities195
2State Entities198
3Party Status for Constituent Subdivisions or Agencies under the ICSID Convention205
IXPolitical Risk Insurance207
XSettling Investment Disputes211
1State v State Disputes211
2Investor v State Disputes214
 Annexes291
1Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) (March 1965)291
2Energy Charter Treaty (Parts I, III, V) (December 1994)314
3North American Free Trade Agreement (NAFTA), Chapter XI (December 1992)330
4Agreement between the Peoples Republic of China and the Government of [...] on the Promotion and Protection of Investments (Chinese Model BIT) (2003)352
5Accord entre le Gouvernement de la Republique Francaise et le Gouvernement de [...] sur I'Encouragement et la Protection Reciproques des Investissements (French Model BIT) (2006)360
6Treaty between the Federal Republic of Germany and [...] Concerning the Encouragement and Reciprocal Protection of Investments (German Model BIT) (2005)368
7Draft Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of [..] for the Promotion and Protection of Investments (UK Model BIT) (2005)376
8Treaty between the Government of the United States of America and the Government of [...] concerning the Encouragement and Reciprocal Protection of Investment (US Model BIT) (2004)385
 Index421