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This book outlines the protection standards typically contained in international investment agreements as they are actually applied and interpreted by investment tribunals. It thus provides a basis for analysis, criticism, and stocktaking of the existing system of investment arbitration. It covers all main protection standards, such as expropriation, fair and equitable treatment, full protection and security, the non-discrimination standards of national treatment and MFN, the prohibition of unreasonable and discriminatory measures, umbrella clauses and transfer guarantees. These standards are covered in separate chapters providing an overview of textual variations, explaining the origin of the standards and analysing the main conceptual issues as developed by investment tribunals. Relevant cases with quotations that illustrate how tribunals have relied upon the standards are presented in depth. An extensive bibliography guides the reader to more specific aspects of each investment standard permitting the book's use as a commentary of the main investment protection standards.
This book outlines the principles behind the international law of
foreign investment. The main focus is on the law governed by
bilateral and multilateral investment treaties. It traces the
purpose, context, and evolution of the clauses and provisions
characteristic of contemporary investment treaties, and analyses
the case law, interpreting the issues raised by standard clauses.
Particular consideration is given to broad treaty-rules whose
understanding in practice has mainly been shaped by their
interpretation and application by international tribunals. In
addition, the book introduces the dispute settlement mechanisms for
enforcing investment law, outlining the operation of Investor vs
State arbitration.
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