Rövid leírás:
In this revised edition, the nature, history, and significance of investment treaties are examined, as well as their impact on international investors and investments, and the governments that are party to them. Recent treaties, trends, and controversy are also discussed.
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Hosszú leírás:
The rapid growth in investment treaties has led to a burgeoning number of international arbitration decisions that have applied and interpreted treaty provisions in disputes between investors and states concerning their respective rights. This flurry of treaties and arbitral decisions has seen the creation of a new branch of international law- the law of investment claims. In this revised edition, Jeswald Salacuse examines the law of international investment
treaties, specifically in relation to its origins, structure, content, and effect, as well as their impact on international investors and investments, and the governments that are parties to them.
Investment treaty law is a rapidly evolving field and since publication of the first edition, the law of international investment treaties has both experienced considerable growth and generated extensive controversy. 2011 saw the highest number of new treaty-based arbitration filed under international investment agreements to date, and in July 2014, the Yukos Universal Limited (Isle of Man) v The Russian Federation culminated with awards of over US$50 billion; a historic record for any
arbitration. Controversy in this field has primarily revolved around the investor-state dispute settlement process, which as thus far involved at least 98 states as respondents. Salacuse captures these developments in this updated edition, examining not only the significant growth in treaties, but the trends
that have followed, and their effect on the content and evolution of the law of investment treaties.
Specific topics include conditions for the entry of foreign investmentand general standards of treatment of foreign investments; monetary transfers; operational conditions; protection against expropriation; dispossession and compensation for losses; dispute settlement, including negotiation, arbitration, and conciliation; and judicial proceedings.
Professor Salacuse’s seminal 2010 work is now available in a revised second edition, which will likely be as valuable to government officials, practitioners, business executives, bankers and academics as was the first edition. The Law of Investment Treaties is an important reference work on the subject for any academic or professional whose work requires an understanding of international investment agreements and their interpretation.
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Tartalomjegyzék:
A Global Regime for Investment
The Nature and Significance of International Investment
The Foundations of International Investment Law
A History of International Investment Treaties
The General Structure of Investment Treaties
The Interpretation of Investment Treaties
Scope of Application of Investment Treaties
Investment Promotion, Admission, and Establishment
General Treatment Standards
Monetary Transfers and Treatment
Treatment of State Obligations (The ‘Umbrella Clause’)
Protection Against Expropriation, Nationalization, and Dispossession
Other Treatment Standards
Investment Treaty Exceptions, Modifications, and Terminations
Investment Treaty Dispute Settlement
The Consequences of Treaty Violations
