The Law of Investment Treaties

The Law of Investment Treaties

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by Jeswald W. Salacuse
     
 

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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

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Overview

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 governments that 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 in the 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 interpreting investment 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-favored-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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Editorial Reviews

From the Publisher
"Professor Salacuse's seminal 2010 work is now available in a revised second edition, which will likely be as valuable to government officials, practitioners, business executives, bankers and academics as was the first edition. The Law of Investment Treaties is an important reference work on the subject for any academic or professional whose work requires an understanding of international investment agreements and their interpretation." David A. Gantz, International Trade Law and Regulation

Product Details

ISBN-13:
9780199206056
Publisher:
Oxford University Press, USA
Publication date:
03/19/2010
Series:
Oxford International Law Library Series
Pages:
600
Product dimensions:
6.40(w) x 9.30(h) x 1.70(d)

Meet the Author

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 Settlement of Investment Disputes ( ICSID).

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The Law of Investment Treaties 4 out of 5 based on 0 ratings. 1 reviews.
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