Full Description
Regionalism in International Investment Law provides a multinational perspective on international investment law. In it, distinguished academics and practitioners provide a critical and comprehensive understanding of issues in a field which has grown exponentially in its importance particularly over the last decade, focusing on the European Union, Australia, North America, Asia, and China.
The book approaches the field of foreign direct investment from both academic and practical viewpoints and analyzes different bilateral, regional, and multinational agreements, often yielding competing perspectives. The academic perspective yields a strong conceptual foundation to often misunderstood elements of international investment law, while the practical perspective aids those actively pursuing foreign direct investment in better understanding the landscape, identifying potential conflicts which may arise, in more accurately assessing the risk underlying the issues in conflict and in resolving those issues.
Thorny issues relating to global commerce, sovereignty, regulation, expropriation, dispute resolution, and investor protections are covered, depicting how they have developed and are applied in different regions of the world. These different treatments ensure that readers are able grasp the subject matter at multiple levels and provide a comprehensive overview of developments in the field of foreign direct investment.
Contents
INTRODUCTION ; CHAPTER 1 ; Foreign Direct Investment: An Overview ; Professor Leon Trakman and Nick W. Ranieri ; CHAPTER 2 ; Foreign direct Investment: A Historical Perspective ; Professor Leon Trakman and Dr Nick W. Ranieri ; CHAPTER 3 ; International Investment Law: Some Cultural Legal Insights ; Professor Colin Pickard ; CHAPTER 4 ; Bilateral Trade and Investment Agreements ; Professor Leon Trakman ; CHAPTER 5 ; NAFTA: An Overview ; Dr Nick W. Ranieri ; CHAPTER 6 ; The Legal Framework for Foreign Investments in the EU ; Professor Anna DeLuca ; CHAPTER 7 ; The Effect of Survival and Withdrawal Clauses in Investment Treaties: Protection of Investments in Latin America ; Professor Gisela Bolivar ; CHAPTER 8 ; ASEAN: The Liberalization of Investment through Regional Agreements ; Professor Vivienne Bath ; CHAPTER 9 ; China and International Investment Law ; Professor Wenhau Shen ; CHAPTER 10 ; The ICSID in Perspective ; Professor Leon Trakman ; CHAPTER 11 ; The Iran-US Expropriation ; Professor Romesh Weeramantry ; CHAPTER 12 ; Australia's Rejection of Investor-State Arbitration: a Sign of Global Change ; Professor Leon Trakman ; CHAPTER 13 ; The Relation of the EU and Member States in Investor-State Arbitration ; Dr Stephan W. Schill ; CHAPTER 14 ; Balancing Investors' Rights with Public Policy in the NAFTA Context ; Dr Nick W. Ranieri ; CHAPTER 15 ; Consumer Product Safety Regulation and Investor-State Arbitration Policy and Practice after Philip Morris Asia v Australia ; Professor Luke Nottage ; CHAPTER 16 ; THE CASE AGAINST INTERNATIONAL INVESTMENT LAW ; Professor Sornarajah ; APPENDIX ; A POLEMIC: THE CASE FOR AND AGAINST INVESTMENT LIBERALIZATION ; Professor Trakman: The Case For Investment Liberalization ; Professor Sornarajah: The Case Against Investment Liberalization