Full Description
This comprehensive book provides a complete overview of the international legal system of foreign investment protection. Proposing a simple, practical approach, it examines the problems one might face when studying or practising international investment law, including those arising from contemporary changes and controversies.
In this incisive book, Arnaud de Nanteuil synthesises material from treaties, general international law, contracts and case law to demonstrate a coherent system of investment protection, rather than simply describing the law as it currently stands. Through this systematic approach, the book considers all aspects of the discipline, examining its history, the content of the law, investment arbitration, and its relationship with other areas of international law such as human rights, the environment and EU law. It also discusses answers to questions that remain open in current case law.
Providing a thorough and accessible analysis, this book will be invaluable to both students and academics working in the field of international investment law, as well as practitioners who will appreciate its pragmatic style. Government officials and those working for international organisations in this area will also find its discussion of the possible future evolution of the law insightful.
Contents
Contents: 1. The Emergence of International Investment Law: From State Contracts to Bilateral Investment Treaties 2. Domestic Sources of International Investment Law 3. International Sources of Investment Law 4. International Law, Domestic Law and Contracts: Articulating Different Sets of Relevant Rules 5. Identifying the Stakeholders: The Investor and the State 6. Settlement of Disputes 7. Substantive Protection (1): Preliminary Issues 8. Substantive Protection (2): Non-Discrimination Standards 9. Substantive Protection (3): Absolute Standards of Protection 10. The Guarantee of Investments Through Insurance Mechanisms 11. General Exceptions to Investment Protection 12. Interactions (1): Investment Law, Human Rights and Environmental Law 13. Interactions (2): International Investment Law and European Union Law Index
