Principles of international investment law /
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| Format: | Book |
| Language: | English |
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Oxford ; New York :
Oxford University Press,
2008
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Table of Contents:
- Nature, evolution, and context of international investment law
- International investment law as a field of study
- The business nature of a foreign investment : a long-term risk
- Host state sovereignty and the rules of foreign investment
- Customary international law : the emergence of a minimum standard
- Treaty law : evolution and purpose
- Current trends in treaty practice
- Regional agreements : energy charter, NAFTA
- Interpretation and application of investment treaties
- Interpreting investment treaties
- Application of investment treaties in time
- Investors and investments
- Investors : individuals, companies, nationality, and shareholders
- Investment
- Investment contracts
- Types of investment contracts
- Applicable law
- Stabilization clauses
- Renegotiation/adaptation
- Admission and establishment
- The move towards economic liberalism
- Treaty models of admission
- Performance requirements
- Non-compliance by investor with host state law and international public policy
- Expropriation
- The right to expropriate
- The three branches of the law
- The legality of the expropriation
- Direct and indirect expropriation
- Expropriation of contractual rights
- Standards of protection
- Fair and equitable treatment
- Full protection and security
- The umbrella clause
- Access to justice, fair procedure, and denial of justice
- Emergency, necessity, armed conflicts, and force majeure
- Preservation of rights
- Arbitrary or discriminatory measures
- National treatment
- Most-favoured-nation treatment
- Transfer of funds
- State responsibility and attribution
- Organs, provinces, and municipalities
- State entities
- Party status for constituent subdivisions or agencies under the ICSID convention
- Political risk insurance
- Settling investment disputes
- State v state disputes
- Investor v state disputes