Analogies in international investment law and arbitration although investment treaty arbitration has become the most common methodforsettlinginvestorstatedisputes,somescholarsandpractitioners. Investment activities of investors within the territory of vietnam must comply with the provisions of this law and other provisions of the relevant laws. Read an introduction to international investment law by david collins available from rakuten kobo. Principles of international investment law jh libraries. Empire, environment, and the safeguarding of capital. This insightful and accessible introduction provides students and practitioners with a comprehensive overview of the inc. At the same time, investment treaties enshrine principles of international investment. Reconciling policy and principle does make a valuable contribution to the discourse on the implications of foreign investment protection rules for domestic policy space and on their interaction with principles from other areas of international law, such as human rights law or international environmental law. This paper discusses the sources of international investment law and highlighted the distinctive features of this branch of international law visavis general international law. The history of the international law on foreign investment 19 2.
Introduction international investment law research guide. This concise textbook provides an accessible yet complete introduction to international investment law, capturing the economic, social and developmental components of foreign investment. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Crina baltag, british yearbook of international law this book is bound to become the primary teaching material for international investment law in law schools around the world.
Why states comply with international investment law digital. Sources of international investment law by moshe hirsch ssrn. Protecting foreign capital in the nineteenth and twentieth centuries 1985. The oxford handbook series is a major new initiative in academic publishing. Sources of international investment law by moshe hirsch. To fully understand how ihl works and operates, it is important to understand the basic structures, principles and rules of public international law. The first nafta arbitration was also a challenge to the ban of a gasoline additive. International investment treaties constitute one of the principal instruments to enhance the rule of law in investorstate relations. Principles of international investment law rudolf dolzer. 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. The evolving international investment law and policy. Principles of international investment law article pdf available in european journal of international law 202 july 2009 with 6,040 reads how we measure reads. This book outlines the principles behind the international law of foreign investment.
Jul 25, 2011 this paper discusses the sources of international investment law and highlighted the distinctive features of this branch of international law visavis general international law. According to this doctrine, which was developed in the nineteenth century, host states are enjoined by. Sinclairs research suggests that the origins can be traced to the advice provided by sir elihu lauterpracht in 195354 to. The oxford handbook of international investment law, peter muchlinski, federico ortino. What role does the international investment law regime play. This book offers an uptodate, scholarly overview of the law of foreign investment, incorporating a thorough and succinct analysis of the principles and standards of treatment available to foreign investors in international law. This volume analyzes in depth the new postlisbon situation in the area of investment policy, provokes further discussion and offers new approaches. An outline of the book 29 2 the shaping factors 33 1. General principles of law played a significant role in the formative period of international investment law, prominently in the oil concession arbitrations and in the prebit era such as in the. Interpretation and application of investment treaties 1. To understand the implications of the international investment law regime. A brief history of international investment agreements by.
One of the most important things to remember is to read and understand the information about an investment before you invest. Aug 27, 2019 for commentary on investment treaty practices in a specific jurisdiction, including model investment treaties, select investment treaty overviews as the content type. Aug 27, 2019 international investment law governs foreign direct investment and the resolution of disputes between foreign investors and sovereign states. Such laws typically establish protections for foreign investors, govern the tax treatment of investments, outline procedures for settling disputes, and often designate a forum for dispute resolution.
Protections under treaties 369 elsiase 369 decisions under other investment treaties 372 c. It is a firmly established principle in international law that the nationality. There is no single definition of what constitutes foreign investment. General public international law and international investment. It is a firmly established principle in international law that the nationality of the investor as a natural person is determined by the national law of the state whose nationality is claimed.
General public international law and international. The subcommittee on international investment law was founded against the background of the increasing significance of international investment law both globally and as relates to germany. The nature of international investment law 19 a investment law and trade law 19 b balancing duties and benefits 20 c the investors perspective. Principles of international investment law, 2012, 456. The evolving international investment law and policy regime. It is essential reading for undergraduate and postgraduate students, and practitioners of international investment law and international dispute settlement. The oxford handbook of international investment law peter. International investment law this seminar will be led by professor victor essien. The international law handbook was prepared by the codification division of the office of legal affairs under the united nations programme of assistance in the teaching, study, dissemination and wider appreciation of international law, pursuant to general assembly resolution 70116 of 14 december 2015. International investment law governs foreign direct investment and the resolution of disputes between foreign investors and sovereign states.
Ethyl corporation challenged canadas adoption of legislation that. Tracking down information on international investments may require extra effort, but it will make you a more informed investor. The notion of investment in international investment law 43 investment would be kept. International investment law and eu law springerlink. Schreuer, principles of international investment law 2008, at 16. It is authoritative and multilayered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and. International investment law and sustainable development. Introduction to international investment law weeks 2 and 3 historical background to the current international investment law regime, including the law of diplomatic protection customary international law of state responsibility for injuries to aliens. Still, for a long time, they have been littleknown and littleused instruments under international law by which states, mostly on a bilateral level, but increasingly. It is authoritative and multilayered, offering an analysis of the key issues and an insightful assessment of recent trends in the caselaw, from both developed and. Protections under customary international law 364 barcelona traction 364 ilc draft articles on diplomatic protection 366 diallo 367 b. Bilateral investment treaties have a predominate role in investment relations and this fact raises several questions regarding the relationships between investment.
Denial of benefits eachparty reserves the right to deny to any company the advantages of this treaty if nationals of any third country control such company and, in the case of a company of the other party. The origins of international investment law, which predate the development of investment treaties by several decades, lie largely in the customary international law theory that an affront to the rights of a foreign owned business in its host state is an affront to the sovereignty and interests of the investors home state sovereign. International investment international law investment law. The law applicable to an issue relating to a claim founded upon a contractual obligation, a. The present paper examines the state of the international investment law and policy regime. Principles of international investment law kindle edition.
Only a decade ago, the current surge in investor state arbitrations, having cumulated in approximately 300 investment treaty disputes, 1 was beyond imagination. 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. It is a firmly established principle in international law that the nationality of the investor as a. This approach does not determine minimum conditions for the notion of investment and it does not establish an applicable test for the purposes of icsid jurisdiction. Aware that in international investment law states fear compensation more than findings of illegality, anne van aakens essay on primary and secondary remedies in a comparative perspective36 equates primary remedies i. Specially commissioned essays from leading international figures in the discipline give critical examinations of the progress and direction of debates. International investment law is one of the fastestgrowing areas of international law today. The new empowerment in the field of international investment law prompts a multitude of questions. The main focus is on the law governed by bilateral and multilateral investment treaties. International investment law is one of the fastest growing areas of international law. The foundations of international investment law zachary.
Selected readings for each weeks class may be downloaded from the professors twen page. Following the transpacific partnership tpp and transatlantic trade and investment partnership ttip, the demonstrations against investorstate arbitration and the wide discussion during the 2016 us presidential election, the climate surrounding foreign investment law is one of controversy and change, and with implications for human rights and environmental protection, foreign investment. Article 5 application of investment laws, international treaties, foreign laws and international investment custom 1. Mainstream investment law scholars have delivered their verdict on the relevance of the past. 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 alike. International humanitarian law ihl is a branch of public international law.
This book presents an uptodate and scholarly overview of the law of foreign investment, as well as a comprehensive and succinct analysis of the main principles and the standards of treatment available to foreign investors in international law. The applicability of international law to investment disputes is often expressly contained in investment treaties. For commentary on investment treaty practices in a specific jurisdiction, including model investment treaties, select investment treaty overviews as the content type. Investment principles of international investment law, 2012, 456 pages, rudolf dolzer, christoph schreuer, 0199651795, 9780199651795, oup 31082017 this book provides an ideal introduction to the fundamentals of international investment. International investment law understanding concepts and. Claims of shareholders in international investment law abby cohen smutny a. In some cases, they may set limits on foreign ownership of certain strategic. The origins of the umbrella clause in the international law of investment protection, arbitration international 2004, vol. Laws477 international investment law course syllabus. Most countries have enacted laws governing investments made by foreign nationals within their boundaries. The legal principles that have developed in investment arbitration are subject to intense debate and are still in a state of flux. For a complete history of the umbrella clause see a.
It was concluded that this development called for a focus on issues and interests from a german perspective in the form of a standing committee. Reforming the international investment law system cato institute. The oxford handbook of international investment law aims to provide the first truly exhaustive account of the current state and future development of this important and topical field of international law. A brief history of international investment agreements u. Sinclairs research suggests that the origins can be traced. An introduction to international investment law ebook by. Through contributions from leading scholars and practitioners, this book analyses specific links between investment law and other subfields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and eu law. Public international law is a combination of rules and customs governing relations between states in different fields.
A case hereinafter elsi case has stated that it is a great privilege to be able to engage in business in a country other than its own. Anghie, imperialism, sovereignty and the making of international law 2004. Instead, the regime consists of over 3,000 international investment agreements, the great majority of them bilateral investment treaties. Lessons from the oecd mai negotiations and their application to a possible multilateral agreement on investment by yusuf caliskan a dissertation submitted in partial fulfillment of the requirements for the degree of juris scientiae doctoris at washington university school of law august, 2002. Schill, european journal of international law, 20, 2009 probably the most comprehensive and indepth monograph of most aspects of the topic of international. Na the endeavor of the course is to study in detail those aspects of public international law. General principles of law and international investment law. One of the most remarkable phenomena in international law during the past fifteen years has been the extraordinary increase in the number of agreements concluded relating to the protection or liberalization of foreign investment. Gallen, school of management, economics, law, social sciences.
This guide identifies the best resources for locating primary and secondary materials related to international investment law, with an emphasis on bilateral investment treaties bits and the arbitration of investorstate disputes. Investment law within international law edited by freya. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. The compliance with the law requirement in international. The oxford handbook of international investment law. Principles of international investment law paperback. Each volume offers an authoritative and stateoftheart survey of current thinking and research in a particular subject area. The relative insignificant role of general principles of law in contemporary investment jurisprudence may be explained by the interrelationships between the various sources of international investment law the growing numbers of treaties and tribunals pronouncements regarding customary rules as well as inherent vague character of this source. Each volume offers an authoritative and state of theart survey of current thinking and research in a particular subject area. The growing importance of international investment law, fuelled by the processes of globalisation and the search for natural resources, and fostered by the ease of crossborder financial flows, has given rise to a huge expansion in the incidence of new investment treaties and, consequently, disputes.