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The Framework of Investment Protection: The Content of BITs *

Peter Muchlinski

in The Effect of Treaties on Foreign Direct Investment: Bilateral Investment Treaties, Double Taxation Treaties, and Investment Flows

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195388534
eISBN:
9780199855322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388534.003.0002
Subject:
Law, Public International Law

This chapter presents an overview of the most common provisions found in International Investment Agreements (IIAs), focusing on bilateral investment treaties (BITs), as they represent the most ... More


Conclusion and Content of EU International Investment Agreements

Angelos Dimopoulos

in EU Foreign Investment Law

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199698608
eISBN:
9780191732140
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698608.003.0004
Subject:
Law, EU Law, Competition Law

Chapter 3 is dedicated to the exercise of EU competence in practice. The first part provides a depiction of the internal procedures for the conclusion of an International Investment Agreement (IIA) ... More


Multinational Enterprises and Foreign Direct Investment Policy: Theory and Issues

Thomas L. Brewer and Stephen Young

in The Multilateral Investment System and Multinational Enterprises

Published in print:
1998
Published Online:
October 2011
ISBN:
9780198293156
eISBN:
9780191684951
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198293156.003.0002
Subject:
Business and Management, International Business, Political Economy

The multinational enterprise is an enterprise which owns, controls, and manages value-adding activities in more than one country. It engages in production and/or service activities across national ... More


Regulating Multinationals:Foreign Investment, Development, and the Balance of Corporate and Home Country Rights and Responsibilities in a Globalizing World

Peter T. Muchlinski

in The Evolving International Investment Regime: Expectations, Realities, Options

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199793624
eISBN:
9780199895205
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199793624.003.0005
Subject:
Law, Public International Law

This chapter examines the nature and function of international investment agreements (IIAs) within the process of economic globalization and development. The examination is carried out from the ... More


Non-Discriminatory Treatment in Investment Disputes

Federico Ortino

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0015
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter analyzes the principle of non-discrimination on the basis of the nationality of the investor as one of the key legal guarantees provided to foreign investors by international investment ... More


Ordering Paradigms in International Investment Law: Bilateralism—Multilateralism—Multilateralization

Stephan W. Schill

in The Foundations of International Investment Law: Bringing Theory into Practice

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199685387
eISBN:
9780191765612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685387.003.0005
Subject:
Law, Company and Commercial Law, Public International Law

This chapter first examines the concepts of bilateralism and multilateralism, and their relevance. It then introduces the notion of multilateralization as a perspective that can overcome a schematic ... More


Regulation of Investment Incentives: Instruments at an International/Supranational Level

Lise Johnson

in Rethinking Investment Incentives: Trends and Policy Options

Published in print:
2016
Published Online:
January 2017
ISBN:
9780231172981
eISBN:
9780231541640
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231172981.003.0012
Subject:
Economics and Finance, Financial Economics

This chapter looks at instruments that are used at an international or supra-national level to help govern the use of investment incentives. The chapter looks both at the extent to which those ... More


Understanding the Practice of Treaty Shopping

Jorun Baumgartner

in Treaty Shopping in International Investment Law

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198787112
eISBN:
9780191829185
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198787112.003.0002
Subject:
Law, Public International Law

Under the heading of Part I of the book, Chapter 1 lays the groundwork for the legal and policy discussions following in later chapters. The notion of ‘treaty shopping’—or corporate ... More


What States Can Do to Curb Treaty Shopping

Jorun Baumgartner

in Treaty Shopping in International Investment Law

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198787112
eISBN:
9780191829185
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198787112.003.0009
Subject:
Law, Public International Law

States being the ‘masters of the treaties’, Chapter 8 examines the policy and treaty drafting options available to States if they wish to curb the practice of treaty shopping. Though in particular ... More


Intellectual Property and International Investment Agreements

Henning Grosse Ruse-Khan

in The Protection of Intellectual Property in International Law

Published in print:
2016
Published Online:
August 2017
ISBN:
9780199663392
eISBN:
9780191850240
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199663392.003.0007
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter examines selected issues on the scope of intellectual property (IP) protection under international investment law and contrasts this with the approach of the international IP system. It ... More


Control Mechanisms in International Investment Law

Anne van Aaken

in The Foundations of International Investment Law: Bringing Theory into Practice

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199685387
eISBN:
9780191765612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685387.003.0014
Subject:
Law, Company and Commercial Law, Public International Law

This chapter employs economic contract theory and principal-agent-theory to analyse the mechanisms used by states to control the interpretative practices of arbitrators to whom the resolution of ... More


Proportionality and Expropriation

Gebhard Bücheler

in Proportionality in Investor-State Arbitration

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198724339
eISBN:
9780191792045
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198724339.003.0005
Subject:
Law, Public International Law, Company and Commercial Law

This chapter examines whether and under what circumstances international investment agreement (IIA) provisions on expropriation involve a proportionality analysis. The chapter is organized as ... More


The Use of Investment Incentives: The Cases of R&D-Related Incentives and International Investment Agreements

Christian Bellak and Markus Leibrecht

in Rethinking Investment Incentives: Trends and Policy Options

Published in print:
2016
Published Online:
January 2017
ISBN:
9780231172981
eISBN:
9780231541640
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231172981.003.0004
Subject:
Economics and Finance, Financial Economics

The chapter gives an in-depth look at two types of investment incentives used globally: International investment agreements (IIAs) as broadly available regulatory “incentives” to attract FDI and ... More


Africa and the Rethinking of International Investment Law: About the Elaboration of the Pan-African Investment Code

Makane Moïse Mbengue and Stefanie Schacherer

in Comparative International Law

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190697570
eISBN:
9780190697600
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190697570.003.0025
Subject:
Law, Public International Law, Comparative Law

This chapter seeks to present and to contextualize the Pan-African Investment Code (PAIC) by taking a comparative international law approach. Such approach allows us to assess whether the PAIC is an ... More


Reconciling Investment Protection and Sustainable Development: A Plea for an Interpretative U-Turn

Katharina Berner

in Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198738428
eISBN:
9780191801723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738428.003.0009
Subject:
Law, Public International Law, Environmental and Energy Law

Despite its unbroken attractiveness, the international investment law regime has recently come under pressure to abandon its pre-occupation with investors’ rights and to focus more strongly on ... More


Reliance on Alternative Methods for Investment Protection through National Laws, Investment Contracts, and Regional Institutions in Latin America

María José Luque Macías

in Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198738428
eISBN:
9780191801723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738428.003.0013
Subject:
Law, Public International Law, Environmental and Energy Law

Despite strong criticism against international investment agreements and investor–State dispute settlement, Latin American countries mostly uphold both legal means as effective methods for the ... More


Negotiating New Generation International Investment Agreements: New Sustainable Development Oriented Initiatives

Peter Muchlinski

in Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198738428
eISBN:
9780191801723
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738428.003.0003
Subject:
Law, Public International Law, Environmental and Energy Law

International Investment Agreements (IIAs) are in need of substantial reconsideration. This position has now entered the mainstream with bodies such as UNCTAD and the Commonwealth Secretariat ... More


The Treatment of Small and Medium-Sized Enterprises in International Investment Law

Joachim Karl

in Small and Medium-Sized Enterprises in International Economic Law

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198795650
eISBN:
9780191836961
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198795650.003.0010
Subject:
Law, Public International Law

Small and medium-sized enterprises (SMEs) are the backbone of almost all economies, employing the great majority of the workforce, and making the biggest contribution to GDP. To some extent, they are ... More


China's International Investment Strategy: Bilateral, Regional, and Global Law and Policy

Julien Chaisse (ed.)

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198827450
eISBN:
9780191866319
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198827450.001.0001
Subject:
Law, Public International Law, Company and Commercial Law

The phenomenal story of China’s ‘unprecedented disposition to engage the international legal order’ has been primarily told and examined by political scientists and economists. Since China adopted ... More


Proportionality and NPM Clauses: Article XI of the Argentina–US BIT

Gebhard Bücheler

in Proportionality in Investor-State Arbitration

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198724339
eISBN:
9780191792045
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198724339.003.0007
Subject:
Law, Public International Law, Company and Commercial Law

This chapter addresses one of the most effective means for States to ensure they are not liable to foreign investors when they adopt (proportionate) measures in furtherance of governmental goals in ... More


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