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. The book 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 State vs. State and Investor vs. State arbitration. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students or practitioners new to the field.
Table of Contents
I. BACKGROUND AND INTRODUCTION; 1. Nature, Evolution and Context of International Investment Law; 2. The History of International Investment Treaties; 3. The Evolving Context of Investment Rules - The Sources of International Investment Law; 4. Model Treaties; 5. Interpreting Investment Treaties; II. INVESTORS AND INVESTMENTS COVERED BY INTERNATIONAL AGREEMENTS; 6. Nationals and Companies; 7. The Concept of Investment; 8. Application of International Agreements in Time; III. INVESTMENT CONTRACTS; 9. Investment Contracts; IV. ADMISSION AND ESTABLISHMENT; 10. Admission and Establishment; V, PRINCIPLES OF PROTECTION - SUBSTANTIVE STANDARDS; 11. Fair and Equitable Treatment; 13. Full Protection and Security; 14. Protection from Expropriation; 14. Protecting Contractual Rights: The Umbrella Clause; 15. Access to Courts, Denial of Justice, Fair Procedure; 16. Armed Conflict and Emergencies; 17. Preserving Existing Rights; 18. Protection Against Arbitrary Treatment and Discrimination; 19. National Treatment; 20. Most Favoured Nation Treatment; 21. Transfer of Payments, Convertibility, Exchange Rights; VI. QUESTIONS OF STATE RESPONSIBILITY; 22. Attribution: Provinces, Municipalities; 23. The Role of State Entities; VII. POLITICAL RISK INSURANCE; 24. MIGA; 25. National Insurance Programmes; 26. Private Investment Insurance; VIII. SETTLING INVESTMENT DISPUTES; 27. State v. State Disputes; 28. Investor v. State Disputes; ANNEXES; Five Model Treaties: US, UK, France, Germany, China; ICSID Convention; NAFTA Ch. XI; ECT
Rudolf Dolzer is Professor and Director, Institute for International Law, at the University of Bonn, Germany Christoph Schreuer is Professor of International Law, University of Vienna, Austria