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Books > Law > International law > Public international law > Treaties & other sources of international law
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The Origin and Evolution of Investment Treaty Standards - Stability, Value, and Reasonableness (Hardcover)
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The Origin and Evolution of Investment Treaty Standards - Stability, Value, and Reasonableness (Hardcover)
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This book provides a conceptual and legal analysis of the core of
investment protection guarantees that emerge from international
treaties signed since 1959 for the promotion and protection of
foreign investment. It focuses on both the origin and evolution of
investment treaty standards. Beginning with origins, the work
considers the broader context at the time when the first modern
investment treaty was concluded. It goes on to examine the many
decisions of ad hoc arbitral tribunals that have since been called
upon to apply these treaties in order to resolve the several
hundred investor-State disputes. It also looks at some of the
recent investment treaties that have attempted to clarify and/or
reform the content and scope of investment protection guarantees.
Federico Ortino posits that the key investment protection
provisions in investment treaties, and thus much of the controversy
associated with such treaties, revolve around three concepts: legal
stability, investment's value, and reasonableness. He argues that,
from the very beginning, the protections afforded to foreign
investments by modern investment treaties have been exceptionally
broad, and as such restrictive of host States' ability to regulate.
And whilst a growing number of investment treaty tribunals, as well
as new investment treaties, have to some extent reined in such
broad protections, the evolution of key investment protection
standards has been marred by inconsistency and uncertainty.
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