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Principles of International Investment Law de Rudolf Dolzer

Principles of International Investment Law

Autor Rudolf Dolzer, Christoph Schreuer
en Limba Engleză Hardback – 14 noi 2012
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. It 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.
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Specificații

ISBN-13: 9780199651795
ISBN-10: 0199651795
Pagini: 454
Dimensiuni: 163 x 240 x 32 mm
Greutate: 0.83 kg
Ediția:2
Editura: OUP OXFORD
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom

Recenzii

Review from previous edition The expansion of bilateral investment treaties (BITs) and regional agreements dealing with investment, and the increasing number of awards applying them in disputes between foreign investors and host States makes this book quite timely. Although there have been several efforts to present the subject-matter in a single volume, this is the first successful attempt to do so in clear and authoritative terms, maintaining an appropriate balance between conciseness and completeness...this work not only deals with "principles" as the title indicates, but systematically and meticulously covers all the issues that have presented themselves in this subsector of international law.
This book is an exceptional guide for practitioners and students alike and an essential reference tool for investment arbitration cases.
Clearly written and take[s] a comprehensive approach to the major issues and principles of international investment law...a useful guide not only for novices in the field of investment law, but also for experienced practitioners since [it] represent[s] a powerful reference tool...[The book is] equally useful for counsel representing investors and states, arbitrators and negotiators of investment treaties, as [it] contain[s] excellent information and references, as well as pertinent commentaries and stimulating ideas.

Notă biografică

Rudolf Dolzer has presented a new concept for a Framework Agreement on the Promotion of German-Russia Energy Relations in April 2011 in Omsk at the Annual Meeting of the German-Russian Raw Materials Forum. He has co-chaired the Forum's Working Group on International Relations since 2008. He was Vice Rector at the University of Mannheim and has taught at the Southern Methodist University in Texas, at the Massachusetts Institute of Technology, at the Michigan Law School, at the Chinese Academy of Social Sciences in Beijing, at the Yale Law School, at the Sorbonne in Paris and at the Instituto de Empresa in Madrid. From 1978 to 1992, he was a part-time journalist at the Frankfurter Allgemeine Zeitung, thereafter he was Director General at the Office of Federal Chancellor Kohl. He later served as a member of three Commissions of Inquiry of the German Parliament. From 1996 to 2009, he was Director of the Institute of International Law at the University of Bonn.Professor Christoph Schreuer is a counsel at Wolf Theiss Rechtsanwälte, and Professor Emiterius at the University of Vienna.

Cuprins

I. Background and Introduction1. The Object and Purpose of International Investment Law2. The History of International Investment Treaties3. The Evolving Context of Investment Rules - The Sources of International Investment Law4. Model Treaties5. Interpreting Investment TreatiesII. Investors and Investments Covered by International Agreements6. Nationals and Companies7. The Concept of Investment8. Application of International Agreements in TimeIII. Investment Contracts9. Investment ContractsIV. Admission and Establishment10. Admission and EstablishmentV, Principles of Protection - Substantive Standards11. Fair and Equitable Treatment13. Full Protection and Security14. Protection from Expropriation14. Protecting Contractual Rights: The Umbrella Clause15. Access to Courts, Denial of Justice, Fair Procedure16. Armed Conflict and Emergencies17. Preserving Existing Rights18. Protection Against Arbitrary Treatment and Discrimination19. National Treatment20. Most Favoured Nation Treatment21. Transfer of Payments, Convertibility, Exchange RightsVI. Questions of State Responsibility22. Attribution: Provinces, Municipalities23. The Role of State EntitiesVII. Political Risk Insurance24. MIGA25. National Insurance Programmes26. Private Investment InsuranceVIII. Settling Investment Disputes27. State v. State Disputes28. Investor v. State DisputesAnnexesFive Model Treaties: US, UK, France, Germany, ChinaICSID ConventionNAFTA Ch. XIECT