Nijhoff international investment law series ; volume13. International Law E-Books Online, Collection 2019, ISBN ; 9789004390843.
In Performance Requirement Prohibitions in International Investment Law, Alexandre Genest explores the prohibition of performance requirements in investment treaties. The author focuses on answering two questions: first, how do States prohibit performance requirements in investment treaties? And second, how should such prohibitions of performance requirements be interpreted and applied? In providing answers to these questions, Alexandre Genest breaks new ground by proposing the first empirical typology of performance requirement prohibitions in investment treaties and the first in-depth analysis of arbitral awards on the subject. Alexandre Genest formulates insightful remarks for a more deliberate and informed interpretation and application of existing performance requirement prohibitions. These remarks will help improve the drafting of performance requirement prohibitions in future investment treaties.
Based on author's thesis (doctoral - Faculty of Law, University of Ottawa and at the Faculty of Law, University of Leiden, 2017)
Bibliography, etc. Note
Includes bibliographical references (pages 239-271) and index.
Formatted Contents Note
Front Matter Copyright Preface Acknowledgments Abbreviations General Introduction Characteristics and General Objectives of Performance Requirements and PRPs Systemic Integration and Cross-Fertilisation for a Proper Understanding of PRPs in IIAs Typology and Analysis of PRPs in IIAs Recurring Features That Modulate the Scope and Coverage of PRPs in IIAs The Disruptive Broadening of PRPs by Virtue of MFN Treatment Clauses General Conclusion and Proposals Back Matter Examples of the Main Types of Performance Requirement Prohibitions and Related Treaty Provisions Bibliography Index.