Principles of International Investment Law / Edition 2

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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. The book 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.

About the Author:
Rudolf Dolzer is Professor, University of Bonn, Germany

About the Author:
Christoph Schreuer is Professor of International Law, University of Vienna, Austria

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Editorial Reviews

From the Publisher

"Dolzer and Schreuer are established figures in the field because of their previously published works and because they frequently render expert opinions to litigants. Principles of International Law will burnish their distinguished credentials. It will be a leading source for practitioners and scholars alike." -Stephen M. Schwebel, The American Journal of International Law

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Product Details

  • ISBN-13: 9780199651801
  • Publisher: Oxford University Press
  • Publication date: 12/19/2012
  • Edition description: New Edition
  • Edition number: 2
  • Pages: 530
  • Sales rank: 587,663
  • Product dimensions: 6.10 (w) x 9.20 (h) x 1.10 (d)

Meet the Author

Rudolf Dolzer is 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.

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Table of Contents

Table of Cases

Table of Treaties, Conventions, Resolutions, and Rules

I Nature, Evolution, and Context of International Investment Law 1

1 International Investment Law as a Field of Study 1

2 The Business Nature of a Foreign Investment: A Long-Term Risk 3

3 Host State Sovereignty and the Rules of Foreign Investment 7

4 Customary International Law: The Emergence of a Minimum Standard 11

5 Treaty Law: Evolution and Purpose 17

6 Current Trends in Treaty Practice 24

7 Regional Agreements: Energy Charter, NAFTA 27

II Interpretation and Application of Investment Treaties 31

1 Interpreting Investment Treaties 31

2 Application of Investment Treaties in Time 38

III Investors and Investments 46

1 Investors: Individuals, Companies, Nationality, and Shareholders 46

2 Investment 60

IV Investment Contracts 72

1 Types of Investment Contracts 72

2 Applicable Law 73

3 Stabilization Clauses 75

4 Renegotiation/Adaptation 77

V Admission and Establishment 79

1 The Move towards Economic Liberalism 79

2 Treaty Models of Admission 80

3 Performance Requirements 82

4 Non-Compliance by Investor with Host State Law and International Public Policy 84

VI Expropriation 89

1 The Right to Expropriate 89

2 The Three Branches of the Law 90

3 The Legality of the Expropriation 90

4 Direct and Indirect Expropriation 92

5 Expropriation of Contractual Rights 115

VII Standards of Protection 119

1 Fair and Equitable Treatment 119

2 Full Protection and Security 149

3 The Umbrella Clause 153

4 Access to Justice, Fair Procedure, and Denial of Justice 162

5 Emergency, Necessity, Armed Conflicts, and Force Majeure 166

6 Preservation ofRights 172

7 Arbitrary or Discriminatory Measures 173

8 National Treatment 178

9 Most-Favoured-Nation Treatment 186

10 Transfer of Funds 191

VIII State Responsibility and Attribution 195

1 Organs, Provinces, and Municipalities 195

2 State Entities 198

3 Party Status for Constituent Subdivisions or Agencies under the ICSID Convention 205

IX Political Risk Insurance 207

X Settling Investment Disputes 211

1 State v State Disputes 211

2 Investor v State Disputes 214

Annexes 291

1 Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) (March 1965) 291

2 Energy Charter Treaty (Parts I, III, V) (December 1994) 314

3 North American Free Trade Agreement (NAFTA), Chapter XI (December 1992) 330

4 Agreement between the Peoples Republic of China and the Government of [...] on the Promotion and Protection of Investments (Chinese Model BIT) (2003) 352

5 Accord entre le Gouvernement de la Republique Francaise et le Gouvernement de [...] sur I'Encouragement et la Protection Reciproques des Investissements (French Model BIT) (2006) 360

6 Treaty between the Federal Republic of Germany and [...] Concerning the Encouragement and Reciprocal Protection of Investments (German Model BIT) (2005) 368

7 Draft Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of [..] for the Promotion and Protection of Investments (UK Model BIT) (2005) 376

8 Treaty between the Government of the United States of America and the Government of [...] concerning the Encouragement and Reciprocal Protection of Investment (US Model BIT) (2004) 385

Index 421

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