Principles of International Investment Law

Principles of International Investment Law

Dolzer, Rudolf; Schreuer, Christoph; Kriebaum, Ursula

Oxford University Press

01/2022

560

Dura

Inglês

9780192857804

15 a 20 dias

938

Descrição não disponível.
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
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