The International Law on Foreign InvestmentGiven recent seismic upheavals in the world's money markets, an updated edition of an authoritative, reliable textbook on the international law of foreign investment has rarely been so timely. Sornarajah's classic text surveys how international law has developed to protect foreign investments by multinational actors and to control any misconduct on their part. It analyses treaty-based methods, examining the effectiveness of bilateral and regional investment treaties. It also considers the reverse flow of investments from emerging industrialising powers such as China and Brazil and explores the retreat from market oriented economics to regulatory controls. By offering thought-provoking analysis of not only the law, but related developments in economics and political sciences, Sornarajah gives immediacy and relevance to the discipline. This book is required reading for all postgraduate and undergraduate international law students specialising in the law of foreign investments. |
Contents
1 Introduction | 1 |
2 The shaping factors | 33 |
3 Controls by the host state | 88 |
4 The liability of multinational corporations and home state measures | 144 |
5 Bilateral investment treaties | 172 |
6 Multilateral instruments on foreign investment | 236 |
contractbased arbitration | 276 |
jurisdictional issues | 306 |
breaches of treatment standards | 332 |
10 The taking of foreign property | 363 |
11 Compensation for nationalisation of foreign investments | 412 |
12 Defences to responsibility | 453 |
| 474 | |
| 494 | |
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Common terms and phrases
accepted alien arbitral awards arbitral tribunals argued argument arise ASEAN Barcelona Traction basis bilateral investment treaties Canada circumstances context Court created customary international law developing countries domestic law Draft economic development effect ensure entry environmental equitable standard existence export expropriation fair and equitable favour foreign investment foreign investment contract formulation full compensation global host human rights ICJ Reports ICSID Convention ICSID Reports ICSID Rev intellectual property interests interference international minimum standard investment arbitration investment disputes Investment Law investor involved issue jurisdiction law on foreign legislation liability liberalisation measures ment Methanex multilateral multinational corporations NAFTA national treatment nationalisation neo-liberal norms obligations parties portfolio investments principles property rights recognised regulation regulatory taking relating remedies responsibility result rule sectors shareholders situation sovereign wealth funds sovereignty stabilisation clause standard of treatment state’s theory trade treatment standards United violation World