The purpose of this work is to examine the impact of Bilateral
Investment Treaties (BITs) as instruments governing the treatment
of foreign investment. The historical doctrinal divide between
capital- exporting and capital importing states (Hull Rule versus
Calvo Doctrine) is highlighted at length, especially within the
context of multilateral failures and bilateral successes that
culminated with BITs proliferating as the customary International
Law on International Investment.The consensus on BITs is an
achievement that presents a paradox. The work also looks at the
significant role of arbitration mechanism (privatisation of
International Law) by weighing on the dilemma calculations
increasingly faced by host states. The conflicting positions of
arbitration tribunals notwithstanding, the fact that they have all
acknowledged the necessity defense as not limited solely to
military action lends great support to the argument that a state
whose essential security interests is under threat be precluded
from wrongdoing if it adopts necessary measures in breach of the
treaty to bring the crisis under control.
General
Imprint: |
VDM Verlag
|
Country of origin: |
Germany |
Release date: |
May 2011 |
First published: |
May 2011 |
Authors: |
Amin George Forji
|
Dimensions: |
229 x 152 x 8mm (L x W x T) |
Format: |
Paperback - Trade
|
Pages: |
128 |
ISBN-13: |
978-3-639-36096-7 |
Categories: |
Books >
Law >
International law >
General
Promotions
|
LSN: |
3-639-36096-6 |
Barcode: |
9783639360967 |
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