Principles of International Investment Law

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Rudolf Dolzer (Professor Emeritus, Professor Emeritus, University of Bonn) Ursula Kriebaum (Professor of Law, Professor of Law, University of Vienna)

Principles of International Investment Law

Rudolf Dolzer (Professor Emeritus, Professor Emeritus, University of Bonn), Ursula Kriebaum (Professor of Law, Professor of Law, University of Vienna), Christoph Schreuer (Of Counsel at Zeiler Floyd Zadkovich and Professor Emeritus, Of Counsel at Zeiler Floyd Zadkovich and Professor Emeritus, University of Vienna)

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English

Oxford University Press
31 March 2022

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-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, scholars, and practitioners alike.

By: Rudolf Dolzer (Professor Emeritus Professor Emeritus University of Bonn), Ursula Kriebaum (Professor of Law, Professor of Law, University of Vienna), Christoph Schreuer (Of Counsel at Zeiler Floyd Zadkovich and Professor Emeritus, Of Counsel at Zeiler Floyd Zadkovich and Professor Emeritus, University of Vienna)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Edition: 3rd Revised edition
Dimensions: Height: 234mm, Width: 154mm, Spine: 26mm
Weight: 1g
ISBN: 9780192857811
ISBN 10: 0192857819
Pages: 560
Publication Date: 31 March 2022
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

I. History, Sources, and Nature of International Investment Law 1: The history of international investment law 2: The sources of international investment law 3: The nature of international investment law II. Interpretation and Intertemporal Application of Investment Treaties 1: The interpretation of investment treaties 2: The application of investment treaties in time 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 3: A general concept of investment? 4: Types of investments 5: The unity of an investment 6: The origin of the investment 7: Investments in the host State's territory 8: Investments in accordance with host State law 9: Indirect investments V. Investment Contracts 1: Types of investment contracts 2: Applicable law 3: Dispute settlement 4: Stabilization clauses 5: Renegotiation and adaptation VI. Admission and Establishment 1: The right to control admission and establishment 2: The move towards economic liberalism 3: Investment promotion 4: The right to admission and the right of establishment 5: Treaty models of admission 6: Performance requirements 7: The inception of an investment VII. Expropriation 1: The object of an expropriation 2: Expropriation as an act of government 3: Indirect expropriation 4: The legality of the expropriation VIII. Standards of Protection 1: Fair and equitable treatment 2: Full protection and security 3: Arbitrary or discriminatory measures 4: National treatment 5: Most-favoured-nation treatment 6: The umbrella clause 7: Effective means 8: Transfer of funds IX. Emergency Situations and Armed Conflicts 1: Competing policies 2: Effects of violence under traditional international law 3: The ILC Articles on state responsibility 4: Treaty law X. Attribution 1: Sources and principles 2: Organs, provinces, and municipalities 3: Exercise of governmental authority 4: Instruction, direction, or control XI. Political Risk Insurance 1: History and purpose 2: Different types of insurance 3: Subrogation 4: Risks covered XII. Settling Investment Disputes 1: State-to-State disputes 2: The limited usefulness of domestic courts 3: Settlement of Investor-State disputes by arbitration and conciliation 4: Arbitration institutions and regimes 5: Investment disputes 6: The parties to investment disputes 7: Consent to investment arbitration 8: Conditions for the institution of proceedings 9: MFN clauses and dispute settlement 10: Treaty claims and contract claims 11: Procedure 12: Applicable law 13: Remedies 14: Costs 15: Review of awards 16: Enforcement of awards

Rudolf Dolzer (1944-2020) was Professor Emeritus at the University of Bonn Ursula Kriebaum is Professor of Law at the University of Vienna Christoph Schreuer is Of Counsel at Zeiler Floyd Zadkovich and Professor Emeritus at the University of Vienna

Reviews for Principles of International Investment Law

Review from previous edition This book is an exceptional guide for practitioners and students alike and an essential reference tool for investment arbitration cases. * Crina Baltag, Queen Mary, University of London * The expansion of bilateral investment treaties (BITs) and regional agreements dealing with investment, and the increasing number of awards applying them in disputes between foreign investors and host States makes this book quite timely. Although there have been several efforts to present the subject-matter in a single volume, this is the first successful attempt to do so in clear and authoritative terms, maintaining an appropriate balance between conciseness and completeness...this work not only deals with principles as the title indicates, but systematically and meticulously covers all the issues that have presented themselves in this subsector of international law. * Giorgio Sacerdoti, Italian Yearbook of International Law, Vol XVIII * Clearly written and take[s] a comprehensive approach to the major issues and principles of international investment law...a useful guide not only for novices in the field of investment law, but also for experienced practitioners since [it] represent[s] a powerful reference tool...[The book is] equally useful for counsel representing investors and states, arbitrators and negotiators of investment treaties, as [it] contain[s] excellent information and references, as well as pertinent commentaries and stimulating ideas. * Crina Baltag, British Yearbook of International Law *