This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.
Legal Principles and Arbitral Practice Arif H. Ali, David L. Attanasio. 120 Philippe Gruslin v. Malaysia, ICSID Case No. ARB/99/3, Award (Nov. 27, 2000). 121 Philippe Gruslin v. Malaysia, ICSID Case No. ARB/99/3, Award, ¶¶ 2.2,8.3 (Nov.
This book analyses the adequacy of Mongolia’s legal system for foreign investment protection by conducting a multi-level assessment of international investment treaties, domestic legislation of the host State, and investor-State contracts ...
This discerning book examines the interface between intellectual property and foreign direct
These include substantive and procedural topics, not only with regard to international investment law, but also concerning the law on the use of force, international humanitarian law and human rights law, the law of treaties, the law of ...
When does a state measure become subject to compensation as an indirect expropriation under international law?
This book analyses the adequacy of Mongolia’s legal system for foreign investment protection by conducting a multi-level assessment of international investment treaties, domestic legislation of the host State, and investor-State contracts ...
In this incisive book, Arnaud de Nanteuil synthesises material from treaties, general international law, contracts and case law to demonstrate a coherent system of investment protection, rather than simply describing the law as it currently ...
This book is a thought-provoking and authoritative text on this fast moving field of international law.
This important book examines the development of soft law instruments in international investment law and the feasibility of a 'codification' of the present state of this field of international economic law.
Bringing together conceptual theories of international investment law with the practical application of the law in treaty arbitration, this book investigates the key controversies in the field.