The Oxford Handbook of International Investment Law

by Muchlinski, Peter; Ortino, Federico; Schreuer, Christoph

• ISBN13: 9780199231386
• ISBN10: 0199231389
• Format: Hardcover
• Copyright: 2008-09-03
• Publisher: Oxford University Press

Summary

The Oxford Handbook series is a major new initiative in academic publishing. Each volume offers an authoritative and state-of-the-art survey of current thinking and research in a particular subject area. Specially commissioned essays from leading international figures in the discipline give critical examinations of the progress and direction of debates. Oxford Handbooks provide scholars and graduate students with compelling new perspectives upon a wide range of subjects in the humanities and social sciences. The Oxford Handbook of International Investment Law aims to provide the first truly exhaustive account of the current state and future development of this important and topical field of international law. The Handbook is divided into three main parts. Part One deals with fundamental conceptual issues, Part Two deals with the main substantive areas of law, and Part Three deals with the major procedural issues arising out of the settlement of international investment disputes. The book has a policy-oriented introduction, setting the more technical chapters that follow in their policy environment within which contemporary norms for international foreign investment law are evolving. The Handbook concludes with a chapter written by the editors to highlight the major conclusions of the collection, to identify trends in the existing law, and to look forward to the future development of this field.

Author Biography

Peter Muchlinski is Professor in International Commercial Law at the School of Oriental and African Studies, and author of Multinational Enterprises and the Law, (OUP, forthcoming 2007) Christoph Schreuer is Professor in the Department for European, International, and Comparative Law, University of Vienna. Federico Ortino is Fellow in International Economic Law and Director of the Investment Treaty Forum (ITF) at the British Institute of International and Comparative Law, and co-editor of Regional Trade Agreements and the WTO Legal System (OUP, forthcoming 2006).

Table of Contents

Preface

Abbreviations

Fundamental Issues

Policy and Objectives

Scope and Definition

Applicable Law

Relationship Between Investment Treaties and Other Treaties

Trade and Investment

Do we Need a Multilateral Investment Agreement?

Substantive Issues

Admission of Investment and Right of Establishment

Standards of Treatment

Money Transfers and Taxation

Most-Favoured-Nation Treatment

Expropriation

Emergency Exceptions and Safeguards

Investment Insurance

State Responsibility

Corruption

Competition Law and Policy

Transparency

Corporate Social Responsibility

Procedural Issues

Methods of Dispute Resolution

Transparency and Public Interest

Independence, Impartiality and Duty of Disclosure of Arbitrators

Consent to Arbitration

Jurisdiction and Admissibility other than Consent

Relationship betweenInternational Arbitral Tribunals and Domestic Courts

Parallel International Proceedings

Remedies and Damages

Review of Awards

Compliance and Enforcement

Precedent, Continuity and Legitimacy

Iura Novit Curia? Peter Muchlinski, Christoph Schreuer, Federico Ortino

Conclusions and Trends"

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