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Principles of International investment law / by Rudolf Dolzer, Ursula Kaiebaum and Christoph Schreuer

By: Contributor(s): Material type: TextTextPublication details: Oxford: Oxford University Press, 2022.Edition: 3rd edDescription: lxv, 484p.; 23cmISBN:
  • 9780192857811
Subject(s): DDC classification:
  • 346.09222 DOL
Contents:
I. History, Sources, and Nature of International Investment Law 1: The history of international investment law 2: The sources of international investment law 3: The nature of international investment law II. Interpretation and Intertemporal Application of Investment Treaties 1: The interpretation of investment treaties 2: The application of investment treaties in time III. Investor 1: Private foreign investors 2: Nationality of individuals 3: Nationality of corporations 4: A local company as a foreign investor 5: Nationality planning 6: Denial of benefits 7: An active investor? IV. Investment 1: Terminology and concept 2: Definitions of investment 3: A general concept of investment? 4: Types of investments 5: The unity of an investment 6: The origin of the investment 7: Investments in the host State's territory 8: Investments in accordance with host State law 9: Indirect investments V. Investment Contracts 1: Types of investment contracts 2: Applicable law 3: Dispute settlement 4: Stabilization clauses 5: Renegotiation and adaptation VI. Admission and Establishment 1: The right to control admission and establishment 2: The move towards economic liberalism 3: Investment promotion 4: The right to admission and the right of establishment 5: Treaty models of admission 6: Performance requirements 7: The inception of an investment VII. Expropriation 1: The object of an expropriation 2: Expropriation as an act of government 3: Indirect expropriation 4: The legality of the expropriation VIII. Standards of Protection 1: Fair and equitable treatment 2: Full protection and security 3: Arbitrary or discriminatory measures 4: National treatment 5: Most-favoured-nation treatment 6: The umbrella clause 7: Effective means 8: Transfer of funds IX. Emergency Situations and Armed Conflicts 1: Competing policies 2: Effects of violence under traditional international law 3: The ILC Articles on state responsibility 4: Treaty law X. Attribution 1: Sources and principles 2: Organs, provinces, and municipalities 3: Exercise of governmental authority 4: Instruction, direction, or contro lXI. Political Risk Insurance 1: History and purpose 2: Different types of insurance 3: Subrogation4: Risks covered XII. Settling Investment Disputes 1: State-to-State disputes 2: The limited usefulness of domestic courts 3: Settlement of Investor-State disputes by arbitration and conciliation 4: Arbitration institutions and regimes 5: Investment disputes 6: The parties to investment disputes 7: Consent to investment arbitration 8: Conditions for the institution of proceedings 9: MFN clauses and dispute settlement 10: Treaty claims and contract claims 11: Procedure 12: Applicable law 13: Remedies 14: Costs 15: Review of awards 16: Enforcement of awards
Summary: Introducing the fundamentals of international investment law and dispute settlement for students or practitioners new to the field, this work combines a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals. (Source : WorldCat)
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I. History, Sources, and Nature of International Investment Law
1: The history of international investment law
2: The sources of international investment law
3: The nature of international investment law
II. Interpretation and Intertemporal Application of Investment Treaties
1: The interpretation of investment treaties
2: The application of investment treaties in time
III. Investor
1: Private foreign investors
2: Nationality of individuals
3: Nationality of corporations
4: A local company as a foreign investor
5: Nationality planning
6: Denial of benefits
7: An active investor?
IV. Investment
1: Terminology and concept
2: Definitions of investment
3: A general concept of investment?
4: Types of investments
5: The unity of an investment
6: The origin of the investment
7: Investments in the host State's territory
8: Investments in accordance with host State law
9: Indirect investments
V. Investment Contracts
1: Types of investment contracts
2: Applicable law
3: Dispute settlement
4: Stabilization clauses
5: Renegotiation and adaptation
VI. Admission and Establishment
1: The right to control admission and establishment
2: The move towards economic liberalism
3: Investment promotion
4: The right to admission and the right of establishment
5: Treaty models of admission
6: Performance requirements
7: The inception of an investment
VII. Expropriation
1: The object of an expropriation
2: Expropriation as an act of government
3: Indirect expropriation
4: The legality of the expropriation
VIII. Standards of Protection
1: Fair and equitable treatment
2: Full protection and security
3: Arbitrary or discriminatory measures
4: National treatment
5: Most-favoured-nation treatment
6: The umbrella clause
7: Effective means
8: Transfer of funds
IX. Emergency Situations and Armed Conflicts
1: Competing policies
2: Effects of violence under traditional international law
3: The ILC Articles on state responsibility
4: Treaty law
X. Attribution
1: Sources and principles
2: Organs, provinces, and municipalities
3: Exercise of governmental authority
4: Instruction, direction, or contro
lXI. Political Risk Insurance
1: History and purpose
2: Different types of insurance
3: Subrogation4: Risks covered
XII. Settling Investment Disputes
1: State-to-State disputes
2: The limited usefulness of domestic courts
3: Settlement of Investor-State disputes by arbitration and conciliation
4: Arbitration institutions and regimes
5: Investment disputes
6: The parties to investment disputes
7: Consent to investment arbitration
8: Conditions for the institution of proceedings
9: MFN clauses and dispute settlement
10: Treaty claims and contract claims
11: Procedure
12: Applicable law
13: Remedies
14: Costs
15: Review of awards
16: Enforcement of awards

Introducing the fundamentals of international investment law and dispute settlement for students or practitioners new to the field, this work combines a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals. (Source : WorldCat)

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