Oxford ; New York : Oxford University Press, 2008.
xxxix, 433 pages ; 24 cm
Formatted Contents Note
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.
Bibliography, etc. Note
Includes bibliographical references and index.