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The Foundations of International Investment Law - Bringing Theory into Practice (Hardcover)
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The Foundations of International Investment Law - Bringing Theory into Practice (Hardcover)
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International investment law is one of the fastest growing areas of
international law. It has led to the signing of thousands of
agreements, mostly in the form of investment contracts and
bilateral investment treaties. Also, in the last two decades, there
has been an exponential growth in the number of disputes being
resolved by investment arbitration tribunals. Yet the legal
principles at the basis of international investment law and
arbitration remain in a state of flux. Perhaps the best
illustration of this phenomenon is the wide disagreement among
investment tribunals on some of the core concepts underpinning the
regime, such as investment, property, regulatory powers, scope of
jurisdiction, applicable law, or the interactions with other areas
of international law. The purpose of this book is to revisit these
conceptual foundations in order to shed light on the practice of
international investment law. It is an attempt to bridge the
growing gap between the theory and the practice of this thriving
area of international law. The first part of the book focuses on
the 'infrastructure' of the investment regime or, more
specifically, on the structural arrangements that have been
developed to manage foreign investment transactions and the
potential disputes arising from them. The second part of the book
identifies the common conceptual bases of an array of seemingly
unconnected practical problems in order to clarify the main stakes
and offer balanced solutions. The third part addresses the main
sources of 'regime stress' as well as the main legal mechanisms
available to manage such challenges to the operation of the regime.
Overall, the book offers a thorough investigation of the
conflicting theoretical positions underlying international
investment law, testing their worth by reference to concrete issues
that have arisen in the jurisprudence. It demonstrates that many of
the most important practical questions arising in practice can be
addressed by a carefully dosed resort to theory.
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