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Do BITs Really Work?: An Evaluation of Bilateral Investment Treaties and their Grand Bargain

Jeswald W. Salacuse and Nicholas P. Sullivan

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/9780195388534.003.0005
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, ... More


INTERPRETING INVESTMENT TREATIES: EXPERIENCES AND EXAMPLES

Thomas W. Wälde

in International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199571345
eISBN:
9780191705472
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571345.003.0038
Subject:
Law, Public International Law, Private International Law

This chapter focuses on particular challenges in the interpretation of investment treaties before international tribunals. Interpretation of authoritative texts (divine, legal, or scholarly) is ... More


A Brief History of International Investment Agreements *

Kenneth J. Vandevelde

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/9780195388534.003.0001
Subject:
Law, Public International Law

This chapter traces the history of international investment agreements. The history thus far comprises three separate eras. The first, the colonial era, began in the late 18th century and continued ... More


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


Investment Treaty Arbitration and Public Law

Gus Van Harten

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552146
eISBN:
9780191711558
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552146.001.0001
Subject:
Law, Public International Law

The recent explosion of investment treaty arbitration marks a major transformation of both international and public law, above all because of the manner in which states have delegated core powers of ... More


THE UNITED STATES 2004 MODEL BILATERAL INVESTMENT TREATY AND DENIAL OF JUSTICE IN INTERNATIONAL LAW

Stephen M. Schwebel

in International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199571345
eISBN:
9780191705472
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571345.003.0027
Subject:
Law, Public International Law, Private International Law

In 2004, the United States government adopted and published a Model Bilateral Investment Treaty that substantially revised the Model Bilateral Investment Treaty previously employed by it in ... More


Protecting Capital: Independent Regulators and Super Courts

Alasdair Roberts

in The Logic of Discipline: Global Capitalism and the Architecture of Government

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195374988
eISBN:
9780199776849
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195374988.003.0006
Subject:
Political Science, American Politics

This chapter focuses on the creation of new independent regulatory agencies and signing of thousands of bilateral investment treaties during the era of liberalization. This was another massive ... More


A Return to the Gay Nineties?

Gus Van Harten

in Investment Treaty Arbitration and Public Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552146
eISBN:
9780191711558
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552146.003.0002
Subject:
Law, Public International Law

This chapter introduces investment law and arbitration by examining the historical conflict between capital-exporting and capital-importing countries over proposals for a multilateral investment ... More


The Effect of Tax and Investment Treaties on Bilateral FDI Flows to Transition Economies *

Tom Coupé, Irina Orlova, and Alexandre Skiba

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/9780195388534.003.0024
Subject:
Law, Public International Law

This chapter empirically examines the effect of bilateral investment treaties (BITs) and double taxation treaties (DTTs) on foreign direct investment. This chapter is structured as follows: firstly ... More


HARMONIZING INVESTMENT PROTECTION AND INTERNATIONAL HUMAN RIGHTS: FIRST STEPS TOWARDS A METHODOLOGY

Bruno Simma and Theodore Kill

in International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199571345
eISBN:
9780191705472
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571345.003.0036
Subject:
Law, Public International Law, Private International Law

Under customary principles of treaty interpretation, tribunals routinely resort to rules of international law whose normative validity is grounded in a source outside of the treaty that is the ... More


Explaining the Popularity of Bilateral Investment Treaties *

Andrew T. Guzman

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/9780195388534.003.0003
Subject:
Law, Public International Law

This chapter looks at why BITs have become the preferred method for governing the relationship between foreign investors and host governments in developing countries. It offers a novel explanation of ... More


Why Do Developing Countries Sign BITs? *

Deborah L. Swenson

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/9780195388534.003.0016
Subject:
Law, Public International Law

This chapter examines the correlation between previous foreign investment and the signing of bilateral investment treaties (BITs) to explore whether there is any evidence that the signing of BITs is ... More


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

Karl P. Sauvant and Lisa E. Sachs

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195388534
eISBN:
9780199855322
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388534.001.0001
Subject:
Law, Public International Law

In recent years, the treaties and strategies promoting global investment have changed dramatically. The widespread liberalization of economic policy has effectively spurred an increase in foreign ... More


Procedure in Investment Treaty Arbitration and the Relevance of Comparative Public Law

Chester Brown

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0021
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter deals with the applicable procedure in investment treaty arbitration. It notes that although investment treaty arbitration has a public law character, the applicable procedure typically ... More


BRIDGING THE CONTRACT/TREATY DIVIDE

Anthony Sinclair

in International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199571345
eISBN:
9780191705472
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571345.003.0008
Subject:
Law, Public International Law, Private International Law

This chapter begins by addressing the drafting approaches found in investment protection treaties that appear to provide a basis for investment-related State contract disputes to be submitted by an ... More


Approaches and Interpretations

Gus Van Harten

in Investment Treaty Arbitration and Public Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552146
eISBN:
9780191711558
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552146.003.0006
Subject:
Law, Public International Law

This chapter examines how investment treaty arbitrators have exercised their power. Four broad approaches emerge from the jurisprudence to date. Two of them emphasize a reciprocal legal framework in ... More


Scope and Standards of Review

Gus Van Harten

in Investment Treaty Arbitration and Public Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552146
eISBN:
9780191711558
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552146.003.0004
Subject:
Law, Public International Law

This chapter reviews the notion of ‘investment’ in contemporary treaties to demonstrate that the system affords to arbitrators a broad jurisdiction over a wide range of sovereign acts. It argues that ... More


 The International Regulation of Multinational Corporations: Why There Is No Multilateral Foreign Direct Investment Regime

Stephen D. Cohen

in Multinational Corporations and Foreign Direct Investment: Avoiding Simplicity, Embracing Complexity

Published in print:
2007
Published Online:
May 2007
ISBN:
9780195179354
eISBN:
9780199783779
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195179354.003.0012
Subject:
Economics and Finance, International

This chapter provides yet another eclectic analysis, this time of the still-irreconcilable controversy surrounding the “appropriate” kinds and extent of governmental regulation of MNCs as entities ... More


The FET in International Investment Agreements: A Typology of Drafting Formulations

Ioana Tudor

in The Fair and Equitable Treatment Standard in the International Law of Foreign Investment

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199235063
eISBN:
9780191715785
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199235063.003.0002
Subject:
Law, Public International Law

This chapter presents the results of empirical research conducted on the basis of 365 bilateral investment treaties, and of the existing regional and multilateral treaties that contain a FET clause. ... More


THE CANADIAN APPROACH TO INVESTMENT PROTECTION: HOW FAR WE HAVE COME!

L. Yves Fortier

in International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

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 ... More


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