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The Law of Investment Treaties: Oxford International Law Library

Autor Jeswald W. Salacuse
en Limba Engleză Hardback – 6 ian 2010
Investment treaties, which grant special international protection to foreign investors and give them a means to enforce those rights against States in which they have invested, have become increasingly important in planning, executing and managing international investments. The Law of Investment Treaties explains the nature, history, and significance of investment treaties and their impact on international investors and investments, as well as on governmentsthat are parties to them.The international law governing trans-national investments has undergone a remarkable transformation in a relatively short time. The fundamental tool for effecting that transformation has been the investment treaty, in which contracting countries set down rules to govern investments by their respective nationals in each other's territories. They include the North American Free Trade Agreement, the Energy Charter Treaty, and some 2500 bilateral investment treaties. This trend is bound to grow inthe future. While differing in particular provisions, investment treaties all do two things: 1) they grant special protective rights to foreign investors, and 2) they provide for mechanisms that allow investors to enforce those rights, usually by international arbitration. The Law of Investment Treaties examines the nature, history, and significance of investment treaties and their impact particularly on protected investors and investments, as well as on governments. Although the precise provisions of investment treaties are not uniform and some treaties restrict host country governmental action more than others, virtually all investment treaties address the same issues. Drawing on the growing body of arbitration decisions applying and interpretinginvestment treaties, this book examines in detail these common issues, including the scope of application, conditions for the entry of foreign investment and general standards of treatment of foreign investments (including increasingly common concepts such as "fair and equitable treatment" "national treatment","most-favoured-nation treatment" etc.). Monetary transfers, operational conditions, protection against expropriation and dispossession and compensation for losses are also explored. Salacuse also discusses dispute settlement, including negotiation, arbitration, conciliation, and judicial proceedings.
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Specificații

ISBN-13: 9780199206056
ISBN-10: 0199206058
Pagini: 554
Dimensiuni: 163 x 241 x 37 mm
Greutate: 1.01 kg
Editura: Oxford University Press
Colecția OUP Oxford
Seria Oxford International Law Library

Locul publicării:Oxford, United Kingdom

Recenzii

The quality and rigor of the scholarly inquiry is impeccable, with Salacuse methodically breaking down the complex components of subject areas and being prudently mindful of underlying variances across different treaties.
This is an extremely useful overview of the subject to understand the contributions and the contents of BITs

Notă biografică

Jeswald W. Salacuse is Henry J. Braker Professor of Law at The Fletcher School of Law and Diplomacy, Tufts University. Professor Salacuse has practiced law with a Wall Street firm, advised numerous governments and multinational corporations on investment law and has taught at universities throughout the world. He has also served as president and a member of international arbitration tribunals under the auspices of the World Bank's International Centre for Settlementof Investment Disputes ( ICSID). Professor Salacuse is a former dean of the Fletcher School and of the School of Law of Southern Methodist University. He is a member of the American Law Institute and the Council on Foreign Relations.