Items
Details
Table of Contents
Cover
Principles of International Investment Law
Copyright
Summary of Contents
Contents
Foreword to the Third Edition
Table of Cases
List of Abbreviations
I. History, Sources, and Nature of International Investment Law
1. The history of international investment law
(a) Early developments
(b) The emergence of an international minimum standard
(c) Developments after the Second World War
(d) The evolution of investment protection treaties
(e) The quest for a multilateral framework
(f) Recent developments
2. The sources of international investment law
(a) The ICSID Convention
(b) Bilateral investment treaties
(c) Sectoral and regional treaties
(d) Customary international law
(e) General principles of law
(f) Unilateral statements
(g) Case law
3. The nature of international investment law
(a) Investment law and trade law
(b) Balancing duties and benefits
(c) The investor's perspective: a long-term risk
(d) The host State's perspective: attracting foreign investment
(e) International investment law and sovereign regulation
(F) International investment law and good governance
(g) Obligations for investors
II. Interpretation and Intertemporal Application of Investment Treaties
1. The interpretation of investment treaties
(a) The general rule of treaty interpretation
(b) Travaux préparatoires
(c) The relevance of other treaties
(d) Interpretative statements
(e) The authority of 'precedents'
(f) Towards a greater uniformity of interpretation
2. Application of investment treaties in time
(a) The date relevant to determine jurisdiction
(B) The timing of investments, events, and disputes
(c) Applicable law and jurisdiction
(d) Relevant dates under the ICSID Convention
III. Investor
1. Private foreign investors
2. Nationality of individuals
3. Nationality of corporations
4. A local company as a foreign investor
5. Nationality planning
6. Denial of benefits
7. An active investor?
IV. Investment
1. Terminology and concept
2. Definitions of investment
(a) Investment contracts
(b) Definitions in national laws
(c) De nitions in treaties
3. A general concept of investment?
(A) 'Investment' in Article 25 of the ICSID Convention
(b) The Salini test
4. Types of investments
(a) Tangible assets
(b) Contract rights
(c) Shareholding
(d) Financial instruments
(e) Intellectual property rights
(f) Arbitral awards
5. The unity of an investment
6. The origin of the investment
7. Investments in the host State's territory
(a) Financial instruments
(b) Pre-shipment inspections
(c) Transboundary harm
8. Investment in accordance with host State law
(a) Illegality in contract-based disputes
Principles of International Investment Law
Copyright
Summary of Contents
Contents
Foreword to the Third Edition
Table of Cases
List of Abbreviations
I. History, Sources, and Nature of International Investment Law
1. The history of international investment law
(a) Early developments
(b) The emergence of an international minimum standard
(c) Developments after the Second World War
(d) The evolution of investment protection treaties
(e) The quest for a multilateral framework
(f) Recent developments
2. The sources of international investment law
(a) The ICSID Convention
(b) Bilateral investment treaties
(c) Sectoral and regional treaties
(d) Customary international law
(e) General principles of law
(f) Unilateral statements
(g) Case law
3. The nature of international investment law
(a) Investment law and trade law
(b) Balancing duties and benefits
(c) The investor's perspective: a long-term risk
(d) The host State's perspective: attracting foreign investment
(e) International investment law and sovereign regulation
(F) International investment law and good governance
(g) Obligations for investors
II. Interpretation and Intertemporal Application of Investment Treaties
1. The interpretation of investment treaties
(a) The general rule of treaty interpretation
(b) Travaux préparatoires
(c) The relevance of other treaties
(d) Interpretative statements
(e) The authority of 'precedents'
(f) Towards a greater uniformity of interpretation
2. Application of investment treaties in time
(a) The date relevant to determine jurisdiction
(B) The timing of investments, events, and disputes
(c) Applicable law and jurisdiction
(d) Relevant dates under the ICSID Convention
III. Investor
1. Private foreign investors
2. Nationality of individuals
3. Nationality of corporations
4. A local company as a foreign investor
5. Nationality planning
6. Denial of benefits
7. An active investor?
IV. Investment
1. Terminology and concept
2. Definitions of investment
(a) Investment contracts
(b) Definitions in national laws
(c) De nitions in treaties
3. A general concept of investment?
(A) 'Investment' in Article 25 of the ICSID Convention
(b) The Salini test
4. Types of investments
(a) Tangible assets
(b) Contract rights
(c) Shareholding
(d) Financial instruments
(e) Intellectual property rights
(f) Arbitral awards
5. The unity of an investment
6. The origin of the investment
7. Investments in the host State's territory
(a) Financial instruments
(b) Pre-shipment inspections
(c) Transboundary harm
8. Investment in accordance with host State law
(a) Illegality in contract-based disputes