International Investment Law
Hart Publishing (Verlag)
978-1-84113-879-4 (ISBN)
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This book presents an up-to-date and scholarly overview of the law of foreign investment, as well as a comprehensive and succinct analysis of the main principles and the standards of treatment available to foreign investors in international law. It is authoritative and multi-layered, offering an analysis of the most pressing issues, and an insightful assessment of recent trends in the case law on the interpretation of established and evolving principles, from both developed and developing country perspectives. A major feature of this book is that it deals with the emerging tension between the law of foreign investment and other competing principles of international law. It proposes a number of ways and means of achieving a balance between these principles and the desire and need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to unduly restrict the right of host governments to implement their public policy, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country, on the other.This is perhaps the first book of its type authored by a truly international lawyer with experience of teaching, research and advisory work in both the developed and developing world over the past 20 years.
The wealth of experience that the author brings to the task allows him to develop unique insights into the interplay between the law, economics and politics of foreign investment, making this book essential reading for students, scholars, practitioners and diplomats interested in the contemporary law of foreign investment.
Surya P Subedi, OBE, DPhil, FRSA, is Professor of International Law, University of Leeds, and a Barrister at Tanfield Chambers in London. He is on the roster of Panellists of the WTO Dispute Settlement Body and has worked as a Consultant on international legal matters to Mishcon de Reya Solicitors in London.
Introduction 1 Evolution of Foreign Investment Law Introduction The Early Years National Treatment versus International Minimum Standard The Era of Gunboat Diplomacy Diplomatic Protection and the Treatment of Aliens in International Law The Calvo Doctrine The Hull Formula Conclusion 2 International Efforts to Regulate Foreign Investment Introduction The Havana Charter of 1948 The UN Declaration on Permanent Sovereignty over Natural Resources Attempts to Develop the Law Through the New International Economic Order The 1974 Charter of Economic Rights and Duties of States The UN Draft Code of Conduct for Transnational Corporations An Appraisal of the Efforts Made in the UN The Role of the World Bank ICSID A 'Silent Revolution' in International Law? MIGA The 1992 Guidelines on the Treatment of Foreign Direct Investment The WTO Agreements and Foreign Investment The OECD Guidelines and the Multilateral Agreement on Investment The International Labour Organization's Guidelines Other Voluntary Schemes An Inconclusive End to the 20th Century in Foreign Investment Regulation The Efforts Made at the Dawn of the 21st Century The UN Commission and Council on Human Rights Anti-Corruption Conventions The Shift in Emphasis on the Need for an International Agreement Conclusions3 Protection of Foreign Investment in Customary International Law Introduction Protection Under International Law and Domestic Law The Fundamental Principles of Foreign Investment Protection The Objectives of the Principles Definition of Investor and Investment Fair and Equitable Treatment in Customary International Law Full Protection and Security Most-Favoured-Nation Treatment National Treatment Protection Against Expropriation in Customary International Law The Standards of Compensation in Customary International Law Access to International Arbitration Conclusion 4 Protection of Foreign Investment through Bilateral Investment Treaties Introduction The Origins of BITs The Content of BITs Significance of BITs BITs for the Promotion of Foreign Investment Greater Standard of Protection Under BITs BITs as Insurance Against Political Risks BITs as a Tool for Globalisation, Economic Liberalisation and Privatisation Mechanism to Expand International Standards and to Codify Lex Specialis Effect of BIT Provisions as Obligations Erga Omnes? Decentralisation of the Law of Foreign Investment Limiting the Freedom of Action of States Outlining the Conditions for Expropriation Deviations from the Hull Formula Exhaustion of Local Remedies InvestorState Settlement of Disputes Latin American Volte-Face Acceptance of a Wider Definition of Investment Like Circumstances Pre-Establishment Rights Definition of the Applicable Law Time Limitations of a Claim Contractual Character of BITs Protection Under Stabilisation Clauses in Investment or State Contracts Protection Under the Umbrella Clause Protection Under Regional Trade and Investment Treaties Protection Under Free Trade Agreements and Model BITs The Changing Character of BITs Conclusion5 Fleshing Out the Principles through Jurisprudence Introduction Fleshing out the Principles of Foreign Investment Law Standard Claims by Foreign Investors Definition of Expropriation The Right to Expropriate Direct and Indirect Expropriation Determination of the Nature and Amount of Compensation The Rights of Shareholders Exhaustion of Local Remedies Extension of the Frontiers of the Law of Foreign Investment The Trend in Creative Interpretation of the Law Controversy Raised by Inconsistency The Trend Towards Extensive Protection From International Minimum to Maximum Standard of Treatment Modification of Customary International Law Extension of BIT Protection to Contractual Undertakings Extension of the MFN Clause To Establish Jurisdiction Conclusion 6 Current Issues in the Law of Foreign Investment Introduction The Law at a Crossroads Absence of Guidelines on the Standard of Compensation The Impact of Cross-Fertilisation of Competing Principles Problems Posed by the Expansive or Creative Trend in Interpretation The Notion of 'Police Powers' of States and Regulatory Expropriation Legitimate Expectations of Foreign Investors and the Regulatory Powers of States Regulatory Measures to Protect the Environment Regulatory Measures to Protect Human Rights Regulatory Measures in Pursuance of Social and Economic Objectives Regulatory Powers and the Protection Under Investment or State Contracts Catch-All Interpretation of the Principle of Fair and Equitable Treatment The Extent of Protection Under the MFN Clause Public Disputes and Private Tribunals Difficulty in Application of Domestic Law by International Tribunals Multiplication of Proceedings and Investment Tribunals The Trend in Treaty-Shopping, Forum-Shopping and N
| Erscheint lt. Verlag | 24.9.2008 |
|---|---|
| Verlagsort | Oxford |
| Sprache | englisch |
| Maße | 171 x 244 mm |
| Gewicht | 420 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| ISBN-10 | 1-84113-879-7 / 1841138797 |
| ISBN-13 | 978-1-84113-879-4 / 9781841138794 |
| Zustand | Neuware |
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