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- Preliminary Material
- Main Text
- Introduction
- Part I Assessment and Pre-Investment Management of Political Risk
- 1 Political Risk
- Preliminary Material
- 1.01
- A Risk and Investment
- B Political Risk and Property Rights
- C Types of Political Risk
- D Measuring Political Risk
- 2 Structuring Transactions to Minimize Political Risk
- Preliminary Material
- 2.01
- A Project Types
- B Transaction Structures
- C Investor–State Contracts in General
- D Core State Contract Clauses Affecting Political Risk
- E Clauses for Guidance of Courts and Tribunals
- F Other Useful Contractual Provisions
- 3 Investment Insurance
- Preliminary Material
- 3.01
- 3.02
- A OPIC
- B Other National Insurance Programs
- C MIGA
- D Private Insurance
- E General Considerations
- 1 Political Risk
- Part II The International Law Framework of Investment Protection and Political Risk
- 4 State Responsibility and Remedies Under Customary International Law
- Preliminary Material
- 4.01
- 4.02
- 4.03
- 4.04
- 4.05
- 4.06
- 4.07
- 4.08
- A International Law in General
- B Can a Sovereign Restrict Its Future Actions?
- C State Responsibility
- D Remedies under International Law for State Actions against Investors
- E Exhaustion of Local Remedies
- F Nationality of Claims
- G Immunity of States from Jurisdiction
- 5 History and Development of the Customary International Law of Expropriation and Investment Protection
- Preliminary Material
- 5.01
- 5.02
- 5.03
- 5.04
- 5.05
- 5.06
- A History and Sources of the Law of Expropriation
- B Current State of the Law of Expropriation
- C Breach of Contract and Expropriation
- 6 The Substantive Law of Contemporary International Investment Protection
- Preliminary Material
- A Introduction
- B Investment Protection Treaties
- C The Substantive Protections of Investment Protection Instruments
- 1 No expropriation without compensation
- 2 Fair and equitable treatment
- 3 Full protection and security
- 4 Prohibition against discrimination
- 5 Pacta sunt servanda and the “umbrella” clause
- 6 Repatriation of investment-related funds
- D Combination of Substantive Violations
- E Compensation for Breach
- F Conclusion
- 4 State Responsibility and Remedies Under Customary International Law
- Part III Investment Disputes and Political Risk
- 7 Establishing Arbitral Jurisdiction
- Preliminary Material
- A Introduction
- B Contractual Arbitration
- C Preliminary Treaty Concerns
- D Who May Initiate Arbitration under Investment Protection Instruments
- E What Is Protected by Investment Protection Instruments
- 8 Arbitration Procedure
- Preliminary Material
- A Introduction
- B A Brief Overview of Prominent Arbitration Rules
- 1 Ad hoc arbitration: the United Nations Commission on International Trade Law (UNCITRAL)
- 2 Institutional arbitration
- C Drafting the Arbitration Clause
- D Pre-Arbitration Procedures
- E Request for Arbitration
- F Approval by Arbitral Institution
- G Default of a Party
- H Appointment of Arbitrators
- I Initial Session of the Tribunal
- J Written Submissions
- K Oral Argument
- L Award
- 9 Mediation and Conciliation of Investment Disputes
- Preliminary Material
- 9.01
- A Mediation and Conciliation Defined
- B Potential Advantages of Mediation/Conciliation
- C Contracting to Mediate and Conciliate in Investment Disputes
- D ADR and Investment Treaties
- E Mediation and the Energy Charter Treaty
- F The Hybrid Practice of Mediation-Arbitration
- G Choosing a Mediator/Conciliator or Panel of Conciliators
- H Why Mediation/Conciliation Is Not More Frequently Used in Investment Disputes
- 10 Intervention of States in Investment Disputes
- Preliminary Material
- A Introduction
- B “Espousal” of Claims
- C Claims before International Tribunals
- D Economic Sanctions
- E Invalidation of Title
- F Prohibitions against the Use of Force
- G The U.S. Foreign Claims Settlement Act
- 7 Establishing Arbitral Jurisdiction
- Further Material
- Appendix I OPIC Contract of Insurance
- Article I—Subject of Insurance and Exchange of Promises.
- Article II—Inconvertibility—Scope of Coverage.
- Article III—Inconvertibility—Amount of Compensation.
- Article IV—Expropriation—Scope of Coverage.
- Article V—Expropriation—Amount of Compensation.
- Article VI—Political Violence—Scope of Coverage.
- Article VII—Political Violence—Amount of Compensation.
- Article VIII—Procedures.
- Article IX—Investor’s Duties.
- [Article X—Miscellaneous.]
- Appendix II Sample Private Contract
- General Terms/Conditions Section 1
- Project Insurance Section 2
- Expropriatory Action Coverage
- Civil War and Insurrection Coverage
- Forced Project Relocation Coverage
- Valuation
- Special Exclusions
- Accounting Standards
- Partial Loss
- Debt Securities
- Constructive Total Loss
- Waiting Period Property Damage Provisions
- Forced Project Relocation Requirement
- Compensation in Local Currencies
- Limit of Liability, Deductible, and Coinsurance
- Key Personnel Insurance
- Expatriate Removal Coverage
- Transit Insurance Coverage
- Indigenous Key Personnel Expenses Coverage
- Valuation
- Special Exclusion Section 3
- Limit Of Liability, Deductible, And Coinsurance
- Policy Exclusions Section 4
- Policy Definitions Section 5
- Appendix III Online Resources
- General Information
- Information—by Chapter
- Chapter 1: Political Risk
- Chapter 2: Structuring Transactions to Minimize Political Risk
- Chapter 3: Investment Insurance
- Chapter 4: State Responsibility and Remedies under Customary International Law
- Chapter 5: History and Development of the Customary International Law of Expropriation and Investment Protection
- Chapter 6: The Substantive Law of Contemporary International Investment Protection
- Chapters 7–9: International Arbitration, Mediation, and Conciliation
- Chapter 10: Intervention of States in Investment Disputes
- Chapter 11: The Interaction between International Investment Law and Human Rights
- Index
- Appendix I OPIC Contract of Insurance
- [18.206.13.203]
- 18.206.13.203
