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Bilateral Investment Treaties - History, Policy, and Interpretation (Hardcover)
Loot Price: R8,153
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Bilateral Investment Treaties - History, Policy, and Interpretation (Hardcover)
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Bilateral Investment Treaties: History, Policy, and Interpretation
organizes, summarizes and comments upon the arbitral awards
interpreting and applying BIT provisions. Policymakers and
practitioners will find a thorough introduction to the operation of
the BITs, including the principal arguments and case authorities on
both sides of the major issues in international investment law. The
book is intended to be a single-volume reference covering every
important development in the 50 years of BIT programs worldwide,
from 1959 until 2009.
Author Kenneth Vandevelde argues that the primary purpose of the
BITs is to promote the application of the rule of law to foreign
investment, while a secondary purpose is to create a liberal
investment regime. He further argues that BITs are based on six
core principles: reasonableness, security, nondiscrimination,
access, transparency and due process. The book explains each of
these principles and analyzes the major BIT provisions based on
them. Vandevelde addresses the host of complex questions that BITs
engender: Do bilateral investment treaties attract foreign
investment or otherwise contribute to economic development? Do BITs
limit host state regulatory discretion too much? Why should
countries continue to conclude BITs? What is meant by BIT
guarantees of "fair and equitable treatment" and "full protection
and security"? What is the scope of the BIT provision for
most-favored-nation treatment? The book's expert analysis of these
questions makes it useful to policy makers in the area of
international economic relations, attorneys representing
multinational companies, and anyone interested in the process of
economic globalization.
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