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Part II The International Law Framework of Investment Protection and Political Risk, 6 The Substantive Law of Contemporary International Investment Protection

Noah Rubins, Thomas-Nektarios Papanastasiou, N. Stephan Kinsella

From: International Investment, Political Risk, and Dispute Resolution: A Practitioner's Guide (2nd Edition)

Noah D Rubins, Thomas Nektarios Papanastasiou, N Stephan Kinsella

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 28 November 2023

Expropriation — Investor — Fair and equitable treatment standard — Full protection and security — National treatment

Investors increasingly rely on the substantive protections provided in a growing number of investment treaties. This chapter covers the modern international law of investment protection as embodied in multilateral and bilateral investment treaties, including principles such as fair and equitable treatment, and full protection and security. The substantive protections investment treaties described in this chapter are often echoed in the national investment laws of developing and transition-economy countries. In particular, many recent national investment codes place limitations on the State’s authority to expropriate foreign assets, sometimes granting rights superior to those provided at customary international law. International investment treaties also guarantee proper application of domestic law by government authorities, national treatment, repatriation of profits, compensation for breach and other standards of treatment.

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