Jeswald W. Salacuse and Nicholas P. Sullivan
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195388534
- eISBN:
- 9780199855322
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195388534.003.0005
- Subject:
- Law, Public International Law
This chapter assesses whether BITs have achieved their objectives. The first part of the chapter examines the historical movement to form BITs. The second part explores the goals motivating BITs, ...
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This chapter assesses whether BITs have achieved their objectives. The first part of the chapter examines the historical movement to form BITs. The second part explores the goals motivating BITs, namely foreign investment protection, market liberalization, and foreign investment promotion. The next three parts assess the success of BITs in achieving each of these goals. The chapter concludes by considering the implications of the BIT movement for the further development of international investment law.Less
This chapter assesses whether BITs have achieved their objectives. The first part of the chapter examines the historical movement to form BITs. The second part explores the goals motivating BITs, namely foreign investment protection, market liberalization, and foreign investment promotion. The next three parts assess the success of BITs in achieving each of these goals. The chapter concludes by considering the implications of the BIT movement for the further development of international investment law.
L. Yves Fortier
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199571345
- eISBN:
- 9780191705472
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199571345.003.0028
- Subject:
- Law, Public International Law, Private International Law
This chapter has two main objectives. The first is to provide an overview of the evolution of Canada's approach to investment protection, with particular focus on dispute settlement. The second ...
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This chapter has two main objectives. The first is to provide an overview of the evolution of Canada's approach to investment protection, with particular focus on dispute settlement. The second objective is to identify the essential elements that now underpin Canada's approach to investment protection. It argues that principles central to the Canadian legal system, such as procedural fairness and due process, are now incorporated as quasi sine qua nons in Canada's approach to investment protection. These principles are consonant with the ICSID Convention's objectives to settle investment disputes in an orderly manner and to protect, to the same extent and with the same vigour, the investor and the host State in the general interest of development.Less
This chapter has two main objectives. The first is to provide an overview of the evolution of Canada's approach to investment protection, with particular focus on dispute settlement. The second objective is to identify the essential elements that now underpin Canada's approach to investment protection. It argues that principles central to the Canadian legal system, such as procedural fairness and due process, are now incorporated as quasi sine qua nons in Canada's approach to investment protection. These principles are consonant with the ICSID Convention's objectives to settle investment disputes in an orderly manner and to protect, to the same extent and with the same vigour, the investor and the host State in the general interest of development.
Angelos Dimopoulos
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199698608
- eISBN:
- 9780191732140
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199698608.003.0005
- Subject:
- Law, EU Law, Competition Law
Chapter 4 offers a legal assessment of the orientation of EU foreign investment law. It identifies and analyzes the principles and objectives that determine the exercise of EU competence in the field ...
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Chapter 4 offers a legal assessment of the orientation of EU foreign investment law. It identifies and analyzes the principles and objectives that determine the exercise of EU competence in the field of foreign investment. Chapter 4 offers firstly an insight into the specific principles and objectives that EU action in the field of foreign investment adheres to and pursues, emphasizing their position within the broader framework of the general objectives of EU external action. Secondly, Chapter 4 considers the application of these principles and objectives in practice, looking at the objectives pursued by existing (and future) EU International investment Agreements and assessing whether the legal mechanisms that are established in EU IIAs are suitable and sufficient for achieving the envisaged objectives.Less
Chapter 4 offers a legal assessment of the orientation of EU foreign investment law. It identifies and analyzes the principles and objectives that determine the exercise of EU competence in the field of foreign investment. Chapter 4 offers firstly an insight into the specific principles and objectives that EU action in the field of foreign investment adheres to and pursues, emphasizing their position within the broader framework of the general objectives of EU external action. Secondly, Chapter 4 considers the application of these principles and objectives in practice, looking at the objectives pursued by existing (and future) EU International investment Agreements and assessing whether the legal mechanisms that are established in EU IIAs are suitable and sufficient for achieving the envisaged objectives.
Riccardo Pavoni
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199578184
- eISBN:
- 9780191722561
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199578184.003.0022
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter examines the increasing number of international investment disputes where issues relating to environmental rights, sustainable development and foreign investment protection were ...
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This chapter examines the increasing number of international investment disputes where issues relating to environmental rights, sustainable development and foreign investment protection were inextricably intertwined, in order to determine whether arbitrators have approached such interrelationships by taking environmental and sustainable development principles into consideration. It identifies the status and relevance accorded to environmental principles and obligations, either of a customary or treaty nature, in investor-state disputes. The chapter's purpose is to shed into light the extent to which arbitrators are prepared to take into account the obligation of host states to protect the environment and their citizens' right to a healthy environment. The final part of the chapter focuses on the relationship between investment law and the exercise of environmental participatory rights (information, public participation, and access to justice in environmental matters) at the national level.Less
This chapter examines the increasing number of international investment disputes where issues relating to environmental rights, sustainable development and foreign investment protection were inextricably intertwined, in order to determine whether arbitrators have approached such interrelationships by taking environmental and sustainable development principles into consideration. It identifies the status and relevance accorded to environmental principles and obligations, either of a customary or treaty nature, in investor-state disputes. The chapter's purpose is to shed into light the extent to which arbitrators are prepared to take into account the obligation of host states to protect the environment and their citizens' right to a healthy environment. The final part of the chapter focuses on the relationship between investment law and the exercise of environmental participatory rights (information, public participation, and access to justice in environmental matters) at the national level.
Ursula Kriebaum
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199571345
- eISBN:
- 9780191705472
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199571345.003.0023
- Subject:
- Law, Public International Law, Private International Law
This chapter examines the alleged requirement to resort to local remedies before a violation of a substantive standard of international investment law can be diagnosed, despite a waiver of the ...
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This chapter examines the alleged requirement to resort to local remedies before a violation of a substantive standard of international investment law can be diagnosed, despite a waiver of the requirement to exhaust local remedies as, for example, contained in Article 26 ICSID. It begins by briefly outlining the function of the local remedies rule in international law and the waiver contained in Article 26 of the ICSID Convention. It then considers the related practice of arbitral tribunals. Finally, it discusses considerations of principle which the cases canvass as well as a number of related questions will be discussed.Less
This chapter examines the alleged requirement to resort to local remedies before a violation of a substantive standard of international investment law can be diagnosed, despite a waiver of the requirement to exhaust local remedies as, for example, contained in Article 26 ICSID. It begins by briefly outlining the function of the local remedies rule in international law and the waiver contained in Article 26 of the ICSID Convention. It then considers the related practice of arbitral tribunals. Finally, it discusses considerations of principle which the cases canvass as well as a number of related questions will be discussed.
Christina Binder, Ursula Kriebaum, August Reinisch, and Stephan Wittich (eds)
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199571345
- eISBN:
- 9780191705472
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199571345.001.0001
- Subject:
- Law, Public International Law, Private International Law
International investment law has become increasingly prominent in the international legal order, spurred on by the explosion of Bilateral Investment Treaties between States and a sharp rise in ...
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International investment law has become increasingly prominent in the international legal order, spurred on by the explosion of Bilateral Investment Treaties between States and a sharp rise in international investment disputes. This rise to prominence has, however, not always been matched by academic reflection on the content of procedure of international investment law and its role within general international law. This book seeks to remedy this situation by providing careful analysis of every area of international investment law and its relationship with other legal fields. It is written in honour of one of the leading experts in the field of investment arbitration, Christoph Schreuer. The book explores specific and topical problems of international investment law and practice in a focused way. It also provides a forum for broader theoretical reflections on international investment law and its relation to general international law. The book includes chapters on jurisdictional questions, issues of procedure in investment proceedings, the relationship between investment arbitration and other forms of investment protection, problems of substantive investment law, regional aspects, interfaces between investment law and other areas of law, as well as the future of the law of investment protection.Less
International investment law has become increasingly prominent in the international legal order, spurred on by the explosion of Bilateral Investment Treaties between States and a sharp rise in international investment disputes. This rise to prominence has, however, not always been matched by academic reflection on the content of procedure of international investment law and its role within general international law. This book seeks to remedy this situation by providing careful analysis of every area of international investment law and its relationship with other legal fields. It is written in honour of one of the leading experts in the field of investment arbitration, Christoph Schreuer. The book explores specific and topical problems of international investment law and practice in a focused way. It also provides a forum for broader theoretical reflections on international investment law and its relation to general international law. The book includes chapters on jurisdictional questions, issues of procedure in investment proceedings, the relationship between investment arbitration and other forms of investment protection, problems of substantive investment law, regional aspects, interfaces between investment law and other areas of law, as well as the future of the law of investment protection.
Thomas L. Brewer and Stephen Young
- Published in print:
- 1998
- Published Online:
- October 2011
- ISBN:
- 9780198293156
- eISBN:
- 9780191684951
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198293156.003.0007
- Subject:
- Business and Management, International Business, Political Economy
This chapter discusses the expansion of the international investment regime and the new agreements that were added to the already existing array of bilateral, regional, and multilateral agreements. ...
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This chapter discusses the expansion of the international investment regime and the new agreements that were added to the already existing array of bilateral, regional, and multilateral agreements. It also examines the role of international agencies such as WTO and OECD in the development of the investment regime. It discusses the emergence of investment issues on the active agendas of both WTO and the OECD, which brought a series of differences — not only about substantive provisions concerning liberalization, investment protection, but also ‘forum’ issues about the appropriate arenas for negotiating further investment agreements.Less
This chapter discusses the expansion of the international investment regime and the new agreements that were added to the already existing array of bilateral, regional, and multilateral agreements. It also examines the role of international agencies such as WTO and OECD in the development of the investment regime. It discusses the emergence of investment issues on the active agendas of both WTO and the OECD, which brought a series of differences — not only about substantive provisions concerning liberalization, investment protection, but also ‘forum’ issues about the appropriate arenas for negotiating further investment agreements.
Anna Joubin-Bret
- Published in print:
- 2008
- Published Online:
- March 2012
- ISBN:
- 9780199547432
- eISBN:
- 9780191701467
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199547432.003.0002
- Subject:
- Law, Public International Law
This chapter examines the issues of admission and establishment in the context of international investment protection. It explores the link between the admission and entry of investors and the ...
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This chapter examines the issues of admission and establishment in the context of international investment protection. It explores the link between the admission and entry of investors and the protection they receive under bilateral investment treaties (BIT) and other international investment agreements. It identifies the different approaches in admission and establishment in BIT and regional trade agreements and analyses recent awards dealing with admission in accordance with the laws and regulations of the host state.Less
This chapter examines the issues of admission and establishment in the context of international investment protection. It explores the link between the admission and entry of investors and the protection they receive under bilateral investment treaties (BIT) and other international investment agreements. It identifies the different approaches in admission and establishment in BIT and regional trade agreements and analyses recent awards dealing with admission in accordance with the laws and regulations of the host state.
August Reinisch (ed.)
- Published in print:
- 2008
- Published Online:
- March 2012
- ISBN:
- 9780199547432
- eISBN:
- 9780191701467
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199547432.001.0001
- Subject:
- Law, Public International Law
This book examines the standards of treatment demanded by host states, which form the basis of contemporary international investment protection. It analyses the core standards commonly contained in ...
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This book examines the standards of treatment demanded by host states, which form the basis of contemporary international investment protection. It analyses the core standards commonly contained in bilateral and multilateral investment treaties, including ‘fair and equitable treatment’, ‘full protection and security’, and the non-discrimination standards. The burgeoning case law before arbitral tribunals has exercised a huge influence on how these standards are interpreted in practice. The essays in this volume, by leading practitioners and scholars in the field of investment arbitration, analyse the case law and provide a framework for a common consensus to emerge on how the standards should be applied in future.Less
This book examines the standards of treatment demanded by host states, which form the basis of contemporary international investment protection. It analyses the core standards commonly contained in bilateral and multilateral investment treaties, including ‘fair and equitable treatment’, ‘full protection and security’, and the non-discrimination standards. The burgeoning case law before arbitral tribunals has exercised a huge influence on how these standards are interpreted in practice. The essays in this volume, by leading practitioners and scholars in the field of investment arbitration, analyse the case law and provide a framework for a common consensus to emerge on how the standards should be applied in future.
Christina Knahr
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199571345
- eISBN:
- 9780191705472
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199571345.003.0005
- Subject:
- Law, Public International Law, Private International Law
Many bilateral as well as multilateral investment treaties contain in their provisions on the definition of investment a requirement that the investment has to be made in the territory of the host ...
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Many bilateral as well as multilateral investment treaties contain in their provisions on the definition of investment a requirement that the investment has to be made in the territory of the host State, while other treaties do not contain language to that effect. This issue has been addressed briefly in some International Centre for Settlement of Investment Disputes (ICSID) cases but has not played a major role among the judicial requirements usually examined by tribunals. In two recent North American Free Trade Agreement (NAFTA) Chapter 11 cases, Bayview v Mexico and Canadian Cattlemen for Fair Trade v United States, the tribunals for the first time rejected jurisdiction because the claimants had not made an investment in the territory of the respondent State. This chapter analyzes the reasoning and the findings of the tribunals in these two cases and tries to determine the relevance of the territorial nexus in investment arbitration. While the focus will be on Bayview and the Canadian Cattlemen Claims, previous ICSID cases that have addressed the issue is also considered.Less
Many bilateral as well as multilateral investment treaties contain in their provisions on the definition of investment a requirement that the investment has to be made in the territory of the host State, while other treaties do not contain language to that effect. This issue has been addressed briefly in some International Centre for Settlement of Investment Disputes (ICSID) cases but has not played a major role among the judicial requirements usually examined by tribunals. In two recent North American Free Trade Agreement (NAFTA) Chapter 11 cases, Bayview v Mexico and Canadian Cattlemen for Fair Trade v United States, the tribunals for the first time rejected jurisdiction because the claimants had not made an investment in the territory of the respondent State. This chapter analyzes the reasoning and the findings of the tribunals in these two cases and tries to determine the relevance of the territorial nexus in investment arbitration. While the focus will be on Bayview and the Canadian Cattlemen Claims, previous ICSID cases that have addressed the issue is also considered.
Cordero Moss Giuditta
- Published in print:
- 2008
- Published Online:
- March 2012
- ISBN:
- 9780199547432
- eISBN:
- 9780191701467
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199547432.003.0007
- Subject:
- Law, Public International Law
This chapter examines recent investment arbitration practice related to the standard of investment protection known as full protection and security. Full protection and security traditionally enjoyed ...
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This chapter examines recent investment arbitration practice related to the standard of investment protection known as full protection and security. Full protection and security traditionally enjoyed an undisputed scope of application in the field of physical protection of the assets and individuals connected with an investment; however, this standard is less frequently applied than other standards. The analysis of arbitration practice in the obligation to provide full protection and security shows that the standard is interpreted substantially in the same way under the treaties and under general international law.Less
This chapter examines recent investment arbitration practice related to the standard of investment protection known as full protection and security. Full protection and security traditionally enjoyed an undisputed scope of application in the field of physical protection of the assets and individuals connected with an investment; however, this standard is less frequently applied than other standards. The analysis of arbitration practice in the obligation to provide full protection and security shows that the standard is interpreted substantially in the same way under the treaties and under general international law.
Kaj Hobér
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199571345
- eISBN:
- 9780191705472
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199571345.003.0004
- Subject:
- Law, Public International Law, Private International Law
This chapter focuses on the role of the most-favoured-nation (MFN) clause in the BIT. It considers the RosInvest decision, which is believed to be the first case where an arbitral tribunal has ...
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This chapter focuses on the role of the most-favoured-nation (MFN) clause in the BIT. It considers the RosInvest decision, which is believed to be the first case where an arbitral tribunal has allowed a claimant to use an MFN clause in one treaty to incorporate the dispute settlement clause in another treaty. It argues that although the decision breaks new ground, it is unlikely that we have reached the end of the road as regards the debate about the effects of MFN clauses in BITs because most MFN clauses are different from each other and must be interpreted against the background of the facts and circumstances of each individual case.Less
This chapter focuses on the role of the most-favoured-nation (MFN) clause in the BIT. It considers the RosInvest decision, which is believed to be the first case where an arbitral tribunal has allowed a claimant to use an MFN clause in one treaty to incorporate the dispute settlement clause in another treaty. It argues that although the decision breaks new ground, it is unlikely that we have reached the end of the road as regards the debate about the effects of MFN clauses in BITs because most MFN clauses are different from each other and must be interpreted against the background of the facts and circumstances of each individual case.
Martins Paparinskis
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199694501
- eISBN:
- 9780191741272
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199694501.003.0003
- Subject:
- Law, Public International Law
This chapter addresses the post-Second World War development of the international minimum standard that took place in a markedly different substantive and procedural context from the earlier ...
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This chapter addresses the post-Second World War development of the international minimum standard that took place in a markedly different substantive and procedural context from the earlier law-making efforts. Three legal avenues in particular were pursued. The first approach almost exclusively focused on compensation for expropriation, leaving the traditional international standard at the level of an insignificant criterion of lawfulness. The second approach proposed a synthesis of the international standard and human rights, and, while being clearly rejected, suggested some potential for a subtler engagement with human rights reasoning. Finally, the third approach bound the international standard into the investment protection treaties and constitutes the focus of this book.Less
This chapter addresses the post-Second World War development of the international minimum standard that took place in a markedly different substantive and procedural context from the earlier law-making efforts. Three legal avenues in particular were pursued. The first approach almost exclusively focused on compensation for expropriation, leaving the traditional international standard at the level of an insignificant criterion of lawfulness. The second approach proposed a synthesis of the international standard and human rights, and, while being clearly rejected, suggested some potential for a subtler engagement with human rights reasoning. Finally, the third approach bound the international standard into the investment protection treaties and constitutes the focus of this book.
James Harrison
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780748668601
- eISBN:
- 9780748684335
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748668601.003.0007
- Subject:
- Political Science, International Relations and Politics
Investment has traditionally been regulated at the international level through bilateral investment treaties (BITs). Therefore, individual EU Member States have concluded their own BITs with third ...
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Investment has traditionally been regulated at the international level through bilateral investment treaties (BITs). Therefore, individual EU Member States have concluded their own BITs with third states, including Korea. As a result, the standards that currently apply to European and Korean investors will often vary depending on which BIT, if any, applies to them. Yet, recent amendments to the scope of the common commercial policy under the Treaty on the Functioning of the European Union mean that the EU is now competent to enter into treaties on this subject matter by itself. This development offers the opportunity to negotiate a uniform legal framework that applies equally to all European and Korean investors. This chapter starts by explaining the key areas of divergence in existing BIT practice. It then goes on to explain the extent to which investment is addressed under the EU-Korea FTA in the provisions on establishment and payments and capital movements. Having found that the FTA falls short of establishing a uniform regime for the protection of investors, the chapter explores the legal issues that may arise in the negotiation of a comprehensive EU-Korea investment agreement.Less
Investment has traditionally been regulated at the international level through bilateral investment treaties (BITs). Therefore, individual EU Member States have concluded their own BITs with third states, including Korea. As a result, the standards that currently apply to European and Korean investors will often vary depending on which BIT, if any, applies to them. Yet, recent amendments to the scope of the common commercial policy under the Treaty on the Functioning of the European Union mean that the EU is now competent to enter into treaties on this subject matter by itself. This development offers the opportunity to negotiate a uniform legal framework that applies equally to all European and Korean investors. This chapter starts by explaining the key areas of divergence in existing BIT practice. It then goes on to explain the extent to which investment is addressed under the EU-Korea FTA in the provisions on establishment and payments and capital movements. Having found that the FTA falls short of establishing a uniform regime for the protection of investors, the chapter explores the legal issues that may arise in the negotiation of a comprehensive EU-Korea investment agreement.
María Cristina Gritón Salias
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199571345
- eISBN:
- 9780191705472
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199571345.003.0025
- Subject:
- Law, Public International Law, Private International Law
This chapter shows that tribunals overwhelmingly accept the application of umbrella clauses to obligations assumed unilaterally by host States. It follows that, where a treaty for the protection of ...
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This chapter shows that tribunals overwhelmingly accept the application of umbrella clauses to obligations assumed unilaterally by host States. It follows that, where a treaty for the protection of investments containing an umbrella clause is applicable, the violation of a unilateral undertaking, made through legislation or otherwise, would amount to a violation of the treaty.Less
This chapter shows that tribunals overwhelmingly accept the application of umbrella clauses to obligations assumed unilaterally by host States. It follows that, where a treaty for the protection of investments containing an umbrella clause is applicable, the violation of a unilateral undertaking, made through legislation or otherwise, would amount to a violation of the treaty.
Petros C. Mavroidis
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199793624
- eISBN:
- 9780199895205
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199793624.003.0008
- Subject:
- Law, Public International Law
This chapter argues that the discussion on trade and investment will not take off unless we first put together all the pieces of the jigsaw puzzle. Both the discussion in the Organization for ...
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This chapter argues that the discussion on trade and investment will not take off unless we first put together all the pieces of the jigsaw puzzle. Both the discussion in the Organization for Economic Co-operation and Development (OECD) and the World Trade Organization (WTO) suffer in this respect. Although the two negotiations were substantially different, neither of them adequately examined the incentive structure of the capital-importing countries. To do that, the first step should be a thorough inquiry not only into their motives for signing investment agreements, but for accepting a harmonized international regulatory framework. Instead of taking an affirmative response for granted, there are reasons to believe that the issue should be rather framed as a question: Do developing (capital-importing) countries benefit from a harmonized regime? The first section of the chapter provides a brief description of the attempts to multilateralize existing bilateral agreements on protection of investment. The second section moves to discuss what has not happened while attempting to multilateralize investment protection, and why it is crucial, assuming that there is willingness by stakeholders to enact such a framework. The last section concludes.Less
This chapter argues that the discussion on trade and investment will not take off unless we first put together all the pieces of the jigsaw puzzle. Both the discussion in the Organization for Economic Co-operation and Development (OECD) and the World Trade Organization (WTO) suffer in this respect. Although the two negotiations were substantially different, neither of them adequately examined the incentive structure of the capital-importing countries. To do that, the first step should be a thorough inquiry not only into their motives for signing investment agreements, but for accepting a harmonized international regulatory framework. Instead of taking an affirmative response for granted, there are reasons to believe that the issue should be rather framed as a question: Do developing (capital-importing) countries benefit from a harmonized regime? The first section of the chapter provides a brief description of the attempts to multilateralize existing bilateral agreements on protection of investment. The second section moves to discuss what has not happened while attempting to multilateralize investment protection, and why it is crucial, assuming that there is willingness by stakeholders to enact such a framework. The last section concludes.
Billy A. Melo Araujo
- Published in print:
- 2016
- Published Online:
- April 2016
- ISBN:
- 9780198753384
- eISBN:
- 9780191815010
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198753384.003.0005
- Subject:
- Law, EU Law, Company and Commercial Law
The objective of this chapter is to describe and assess the EU’s attempts to negotiate investment protection and ISDS provisions EU free trade agreements within the context of the wider debate ...
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The objective of this chapter is to describe and assess the EU’s attempts to negotiate investment protection and ISDS provisions EU free trade agreements within the context of the wider debate concerning the future direction of international investment law. It outlines the historical evolution of international investment law, the main debates surrounding this area, the EU’s current policy with regard to investment protection and the content of investment protection and ISDS clauses included in EU free trade agreements.Less
The objective of this chapter is to describe and assess the EU’s attempts to negotiate investment protection and ISDS provisions EU free trade agreements within the context of the wider debate concerning the future direction of international investment law. It outlines the historical evolution of international investment law, the main debates surrounding this area, the EU’s current policy with regard to investment protection and the content of investment protection and ISDS clauses included in EU free trade agreements.
Martins Paparinskis
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199694501
- eISBN:
- 9780191741272
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199694501.003.0011
- Subject:
- Law, Public International Law
This chapter explains the importance of the issues addressed in the book and outlines the structure of the argument. The relationship between international minimum standard and fair and equitable ...
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This chapter explains the importance of the issues addressed in the book and outlines the structure of the argument. The relationship between international minimum standard and fair and equitable treatment is of considerable theoretical and practical importance for contemporary international law in general and investment protection law in particular. The book will address the issue in three steps, exploring the historical law-making process in Part I, setting out the sources framework in Part II, and identifying the content of the modern international standard in Part III.Less
This chapter explains the importance of the issues addressed in the book and outlines the structure of the argument. The relationship between international minimum standard and fair and equitable treatment is of considerable theoretical and practical importance for contemporary international law in general and investment protection law in particular. The book will address the issue in three steps, exploring the historical law-making process in Part I, setting out the sources framework in Part II, and identifying the content of the modern international standard in Part III.
Christoph Schreuer
- Published in print:
- 2008
- Published Online:
- March 2012
- ISBN:
- 9780199547432
- eISBN:
- 9780191701467
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199547432.003.0001
- Subject:
- Law, Public International Law
This introductory chapter explains the coverage of this book, which is about the standards for protection of international investment. This book examines the interrelationships among different ...
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This introductory chapter explains the coverage of this book, which is about the standards for protection of international investment. This book examines the interrelationships among different investment protection standards and the protection of investors from arbitrary and unreasonable measures. It discusses the most-favoured-nation (MFN) clauses in bilateral investment treaties, the legality of expropriation and the guarantees of money transfers in and out of the host state.Less
This introductory chapter explains the coverage of this book, which is about the standards for protection of international investment. This book examines the interrelationships among different investment protection standards and the protection of investors from arbitrary and unreasonable measures. It discusses the most-favoured-nation (MFN) clauses in bilateral investment treaties, the legality of expropriation and the guarantees of money transfers in and out of the host state.
John Linarelli, Margot E Salomon, and Muthucumaraswamy Sornarajah
- Published in print:
- 2018
- Published Online:
- May 2018
- ISBN:
- 9780198753957
- eISBN:
- 9780191815812
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198753957.003.0005
- Subject:
- Law, Public International Law
This chapter critiques the international law on foreign investment as not properly reflecting considerations of justice and too focused on fallacious notions of improving economic conditions in ...
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This chapter critiques the international law on foreign investment as not properly reflecting considerations of justice and too focused on fallacious notions of improving economic conditions in countries through ultra-high levels of private property protection for foreign investors. It explores how the focus mainly on protecting the investor, with levels of protection even domestic capital do not enjoy, has its origins in a historical progression from an imperial international law imposed in eras of empire and colonialization. It explores how the international law on foreign investment continues to suffer from these normative deficiencies. It offers a review of how the New International Economic Order was a movement by the Latin American, African, and Asian states to make the international law on foreign investment more universally acceptable but how that movement was circumvented with the rise of neoliberalism beginning in the early 1990s despite opposition by these states. Building on Chapter 3, it then deals with the decline of the NIEO and its relationship to the international law on foreign investment. The chapter goes through how investment law and the tribunal jurisprudence that contributes to its development expanded investor protections to produce injustice. It discusses the resistance to the law that has come about, the ongoing changes in investment treaties because of concerns with their imbalances, and the nature of the legitimacy crisis the law now faces.Less
This chapter critiques the international law on foreign investment as not properly reflecting considerations of justice and too focused on fallacious notions of improving economic conditions in countries through ultra-high levels of private property protection for foreign investors. It explores how the focus mainly on protecting the investor, with levels of protection even domestic capital do not enjoy, has its origins in a historical progression from an imperial international law imposed in eras of empire and colonialization. It explores how the international law on foreign investment continues to suffer from these normative deficiencies. It offers a review of how the New International Economic Order was a movement by the Latin American, African, and Asian states to make the international law on foreign investment more universally acceptable but how that movement was circumvented with the rise of neoliberalism beginning in the early 1990s despite opposition by these states. Building on Chapter 3, it then deals with the decline of the NIEO and its relationship to the international law on foreign investment. The chapter goes through how investment law and the tribunal jurisprudence that contributes to its development expanded investor protections to produce injustice. It discusses the resistance to the law that has come about, the ongoing changes in investment treaties because of concerns with their imbalances, and the nature of the legitimacy crisis the law now faces.
