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Contents
- Preliminary Material
- Main Text
- 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
- (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
- III 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 Investment in accordance with host State law
- (a) Illegality in contract-based disputes
- (b) Illegality in disputes based on domestic legislation
- (c) Illegality in treaty-based disputes
- (d) Illegality in making the investment
- (e) The nature of the violated rules
- (f) Severity of the violation
- (g) Toleration of illegality by the host State
- (h) Illegalities committed by the host State
- 9 Indirect investments
- V Investment Contracts
- VI Admission and Establishment
- VII Expropriation
- VIII Standards of Protection
- 1 Fair and equitable treatment
- (a) Introduction
- (b) History
- (c) Textual variations
- (d) Definitions of fair and equitable treatment
- (e) Relationship of FET to other standards
- (f) Fair and equitable treatment and customary international law
- (g) Specific applications of the fair and equitable treatment standard
- (h) Composite acts
- (i) Conclusion
- 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
- 1 Fair and equitable treatment
- IX Emergency Situations and Armed Conflicts
- X Attribution
- XI Political Risk Insurance
- XII Settling Investment Disputes
- 1 State v 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
- I History, Sources, and Nature of International Investment Law
- Further Material