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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 investmenttreaties, 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 introducesthe 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 orpractitioners alike.
Rudolf Dolzer is the Former Director of the Institute of International Law at the University of Bonn. He 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.
Christoph Schreuer is a Counsel at Wolf Theisss Rechtsanwalte, and Professor Emiterius at the University of Vienna.
Table of Contents
I. Background and Introduction 1. The Object and Purpose of International Investment Law 2. The History of International Investment Treaties 3. The Evolving Context of Investment Rules - The Sources of International Investment Law 4. Model Treaties 5. Interpreting Investment Treaties II. Investors and Investments Covered by International Agreements 6. Nationals and Companies 7. The Concept of Investment 8. Application of International Agreements in Time III. Investment Contracts 9. Investment Contracts IV. Admission and Establishment 10. Admission and Establishment V. Principles of Protection - Substantive Standards 11. Fair and Equitable Treatment 12. Full Protection and Security 13. Protection from Expropriation 14. Protecting Contractual Rights: The Umbrella Clause 15. Access to Courts, Denial of Justice, Fair Procedure 16. Armed Conflict and Emergencies 17. Preserving Existing Rights 18. Protection Against Arbitrary Treatment and Discrimination 19. National Treatment 20. Most Favoured Nation Treatment 21. Transfer of Payments, Convertibility, Exchange Rights VI. Questions of State Responsibility 22. Attribution: Provinces, Municipalities 23. The Role of State Entities VII. Political Risk Insurance 24. MIGA 25. National Insurance Programmes 26. Private Investment Insurance VIII. Settling Investment Disputes 27. State v. State Disputes 28. Investor v. State Disputes Annexes Four Model Treaties: US, UK, France, Germany ICSID Convention NAFTA Ch. XI ECT