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- Preliminary Material
- Main Text
- 1 A Global Regime for Investment
- 1.1 Introduction to Investment Treaties
- 1.2 The Significance of Investment Treaties
- 1.3 A Regime for International Investment
- 1.4 The Application of Regime Theory to Investment Treaties
- 1.5 A Different Kind of Regime
- 1.6 Regime Challenges and Prospects
- 1.7 Conclusion: A Sticky Regime?
- 1.8 The Aim and Scope of This Book
- 2 The Nature and Significance of International Investment
- 3 The Foundations of International Investment Law
- 3.1 Background of the Investment Treaty Movement
- 3.2 State and Investor Interests Shaping International Investment Law
- 3.3 The Sources of International Law
- 3.4 Customary International Law and General Principles of Law Governing International Investment
- 3.5 Customary International Law on Expropriation and Breach of State Contracts
- 3.6 Challenges to Western Views on International Investment Law
- 3.7 Deficiencies of Customary International Law on Investment
- 4 A History of International Investment Treaties
- 4.1 Introduction: The Treatification of International Investment Law
- 4.2 Historical Background of the Treatification Process
- (a) The early beginnings
- (b) The emergence of a treaty framework for investment protection in the seventeenth and eighteenth centuries
- (c) Further developments in the eighteenth, nineteenth, and early twentieth centuries
- (d) From World War I until World War II
- (e) The immediate aftermath of World War II
- (f) The later post-World War II years
- (g) The development of the bilateral investment treaty and the creation of the International Centre for Settlement of Investment Disputes
- (h) The gathering momentum of the BIT movement
- (i) The development of multilateral regional and sectoral investment agreements
- (i) Arab States Investment Agreement
- (ii) Islamic States Investment Agreement
- (iii) ASEAN Comprehensive Investment Agreement
- (iv) Mercosur investment treaties
- (v) COMESA Treaty
- (vi) North American Free Trade Agreement
- (vii) The Energy Charter Treaty
- (viii) Dominican Republic–Central America–United States Free Trade Agreement
- (j) The evolution of BIT provisions into free trade agreements
- (k) Efforts at a global treaty on investment
- (l) The trend towards regional and inter-regional trade and investment treaties
- (m) Conclusion
- 4.3 The Objectives of the Movement to Negotiate Investment Treaties
- 4.4 Primary Objectives of Investment Treaties
- 4.5 Secondary Objectives of Investment Treaties
- 4.6 Long-Term Goals of Investment Treaties
- 4.7 The Treaty Negotiation Process
- 4.8 The Consequences of Investment Treaties
- 5 The General Structure of Investment Treaties
- 5.1 A Structural Overview
- 5.2 Treaty Title and Statement of Purpose
- 5.3 Scope of Application of Investment Treaties
- 5.4 Conditions for the Entry of Foreign Investment and Investors
- 5.5 General Standards of Treatment of Foreign Investments and Investors
- 5.6 Monetary Transfers
- 5.7 Expropriation and Dispossession
- 5.8 Operational and Other Conditions
- 5.9 Losses from Armed Conflict or Internal Disorder
- 5.10 Treaty Exceptions, Modifications, and Terminations
- 5.11 Dispute Settlement
- 5.12 Conclusion
- 6 The Interpretation of Investment Treaties
- 6.1 The Task of Interpretation
- 6.2 Rules of Interpretation
- 6.3 The Treaty Text
- 6.4 ‘Ordinary Meaning’ of Treaty Terms
- 6.5 ‘Context’ of Treaty Terms and ‘Object and Purpose’ of the Treaty
- 6.6 ‘Subsequent Agreement’ and ‘Subsequent Practice’
- 6.7 ‘Relevant Rules of International Law Applicable between the Parties’
- 6.8 Special Meanings Intended by the Parties
- 6.9 Supplementary Means of Interpretation
- 6.10 Arbitration and Judicial Decisions
- 6.11 Scholarly Commentary on Investment Treaties
- 7 Scope of Application of Investment Treaties
- 7.1 The Significance of a Treaty’s Scope of Application
- 7.2 ‘Investments’ Covered by Investment Treaties
- 7.3 Broad Asset-Based Definitions of Investments with an Illustrative List of Investment Forms
- 7.4 Broad Asset-Based Definitions Specifying Substantive Investment Characteristics as well as Illustrative Forms
- 7.5 Asset-Based Definitions with an Exhaustive List of Investment Forms
- 7.6 Limitations on Definitions of ‘Investment’
- 7.7 Arbitral Applications of Investment Definitions in Special Situations
- 7.8 ‘Investors’ Covered by Investment Treaties
- 8 Investment Promotion, Admission, and Establishment
- 9 General Treatment Standards
- 9.1 The Nature of Investment and Investor Treatment
- 9.2 Overview of General Treatment Standards
- 9.3 Protection and Security
- 9.4 Fair and Equitable Treatment
- 9.5 Other General Standards of Treatment
- 9.6 National Treatment
- 9.7 Most-Favoured-Nation Treatment
- 10 Monetary Transfers and Treatment
- 11 Treatment of State Obligations (the ‘Umbrella Clause’)
- 12 Protection Against Expropriation, Nationalization, and Dispossession
- 12.1 The Risk of Expropriation, Nationalization, and Dispossession
- 12.2 Investment Treaty Provisions on Expropriation, Nationalization, and Dispossession
- 12.3 The Scope of Expropriation, Nationalization, and Dispossession Clauses
- 12.4 Direct Expropriations, Nationalizations, and Dispossessions
- 12.5 Indirect Expropriations, Nationalizations, and Dispossessions
- 12.6 Governmental Actions Equivalent or Tantamount to Expropriation
- 12.7 Types of Government Measures that May Constitute Indirect Expropriation
- 12.8 Criteria for Distinguishing Indirect Expropriation from Legitimate Regulation
- 12.9 Newer Treaties’ Approach to Distinguishing Legitimate Regulation from Indirect Expropriation
- 12.10 Conditions for the Legality of Expropriations, Nationalizations, and Dispossessions
- 13 Other Treatment Standards
- 13.1 Introduction to Other Treaty Standards
- 13.2 Treatment with Respect to Performance Requirements
- 13.3 Entry and Residence of Foreign Nationals and Managerial Personnel
- 13.4 Compensation for Losses Due to War, Revolution, and Civil Disturbance
- 13.5 Transparency and Regulatory Due Process
- 13.6 The Subrogation Obligation
- 14 Investment Treaty Exceptions, Modifications, and Terminations
- 15 Investment Treaty Dispute Settlement
- 15.1 The Significance of Investment Treaty Dispute Settlement
- 15.2 The Nature of Disputes between States and Investors
- 15.3 Traditional, Non-Treaty Methods of Resolving Investor–State Disputes
- 15.4 Treaty Methods for Resolving Investment Disputes
- 15.5 Interstate Consultations and Negotiations
- 15.6 Interstate Arbitration
- 15.7 Investor–State Consultations and Negotiations
- 15.8 Investor–State Arbitration
- (a) The nature and evolution of international arbitration
- (b) The development of investor–state arbitration
- (c) The incorporation of investor–state arbitration into treaties
- (d) Governing law
- (e) The differing natures of investor–state arbitration provisions
- (f) The growth and significance of investor–state arbitration
- (g) Waiver of investor rights to investor–state arbitration
- (h) The Impetus for Reform of Investor–state dispute settlement
- 16 The Consequences of Treaty Violations
- 1 A Global Regime for Investment
- Further Material
- [18.206.48.243]
- 18.206.48.243
