Principles of International Investment Law

by Rudolf Dolzer, Ursula Kriebaum, Christoph Schreuer

Overview

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.

Product Details

ISBN-13:	9780192857811
Publisher:	Oxford University Press
Publication date:	04/06/2022
Edition description:	3rd ed.
Pages:	560
Product dimensions:	8.80(w) x 5.80(h) x 1.20(d)

About the Author

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.

Table of Contents

I. History, Sources, and Nature of International Investment Law1. The history of international investment law2. The sources of international investment law3. The nature of international investment lawII. Interpretation and Intertemporal Application of Investment Treaties1. The interpretation of investment treaties2. The application of investment treaties in timeIII. Investor1. Private foreign investors2. Nationality of individuals3. Nationality of corporations4. A local company as a foreign investor5. Nationality planning6. Denial of benefits7. An active investor?IV. Investment1. Terminology and concept2. Definitions of investment3. A general concept of investment? 4. Types of investments5. The unity of an investment6. The origin of the investment7. Investments in the host State's territory8. Investments in accordance with host State law9. Indirect investmentsV. Investment Contracts1. Types of investment contracts2. Applicable law3. Dispute settlement4. Stabilization clauses5. Renegotiation and adaptationVI. Admission and Establishment1. The right to control admission and establishment2. The move towards economic liberalism3. Investment promotion4. The right to admission and the right of establishment5. Treaty models of admission6. Performance requirements7. The inception of an investmentVII. Expropriation1. The object of an expropriation2. Expropriation as an act of government3. Indirect expropriation4. The legality of the expropriationVIII. Standards of Protection1. Fair and equitable treatment2. Full protection and security3. Arbitrary or discriminatory measures4. National treatment5. Most-favoured-nation treatment6. The umbrella clause7. Effective means8. Transfer of fundsIX. Emergency Situations and Armed Conflicts1. Competing policies2. Effects of violence under traditional international law3. The ILC Articles on state responsibility4. Treaty lawX. Attribution1. Sources and principles2. Organs, provinces, and municipalities3. Exercise of governmental authority4. Instruction, direction, or controlXI. Political Risk Insurance1. History and purpose2. Different types of insurance3. Subrogation4. Risks coveredXII. Settling Investment Disputes1. State-to-State disputes2. The limited usefulness of domestic courts3. Settlement of Investor-State disputes by arbitration and conciliation4. Arbitration institutions and regimes5. Investment disputes6. The parties to investment disputes7. Consent to investment arbitration8. Conditions for the institution of proceedings9. MFN clauses and dispute settlement10. Treaty claims and contract claims11. Procedure12. Applicable law13. Remedies14. Costs15. Review of awards16. Enforcement of awards

Editorial Reviews

"Dolzer and Schreuer are established figures in the field because of their previously published works and because they frequently render expert opinions to litigants. Principles of International Law will burnish their distinguished credentials. It will be a leading source for practitioners and scholars alike." -Stephen M. Schwebel, The American Journal of International Law

From the Publisher