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Contents
- Preliminary Material
- Main Text
- I History, Sources, and Nature of International Investment Law
- 1 The history of international investment law
- 2 The sources of international investment law
- 3 The nature of international investment law
- (a) Investment law and trade law
- (b) Balancing duties and benefits
- (c) The investor’s perspective: a long-term risk
- (d) The host state’s perspective: attracting foreign investment
- (e) International investment law and sovereign regulation
- (f) International investment law and good governance
- (g) Obligations for investors
- II Interpretation and Application of Investment Treaties
- III Investors and Investments
- IV Investment Contracts
- V Admission and Establishment
- VI Expropriation
- VII Standards of Protection
- 1 Fair and equitable treatment
- (a) History of the concept
- (b) Heterogeneity of treaty language
- (c) Nature and function
- (d) Fair and equitable treatment and customary international law
- (e) The evolution of the fair and equitable treatment standard
- (f) Methodological issues
- (g) Attempts to define fair and equitable treatment
- (h) Specific applications of the fair and equitable treatment standard
- (i) Conclusion
- 2 Full protection and security
- 3 The umbrella clause
- 4 Access to justice, fair procedure, and denial of justice
- 5 Emergency, necessity, armed conflicts, and force majeure
- 6 Preservation of rights
- 7 Arbitrary or discriminatory measures
- 8 National treatment
- 9 Most-favoured-nation treatment
- 10 Transfer of funds
- 1 Fair and equitable treatment
- VIII State Responsibility and Attribution
- IX Political Risk Insurance
- X Settling Investment Disputes
- 1 State v state disputes
- 2 Investor v state disputes
- (a) The limited usefulness of domestic courts
- (b) Arbitration and conciliation
- (c) Arbitration institutions and regimes
- (d) The subject matter of the dispute (jurisdiction ratione materiae )
- (e) The parties to the dispute (jurisdiction ratione personae )
- (f) Consent to arbitration
- (g) Conditions for the institution of proceedings
- (h) The applicability of MFN clauses to dispute settlement
- (i) The selection of domestic courts in contracts
- (j) Procedure
- (k) Applicable law
- (l) Remedies
- (m) Costs
- (n) Challenge and review of decisions
- (o) Enforcement of awards
- I History, Sources, and Nature of International Investment Law
- Further Material
- Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (ICSID Convention)
- Annexes
- Ch.I International Centre for Settlement of Investment Disputes
- Ch.II Jurisdiction of the Centre
- Ch.III Conciliation
- Ch.IV Arbitration
- Ch.V Replacement and Disqualification of Conciliators and Arbitrators
- Ch.VI Cost of Proceedings
- Ch.VII Place of Proceedings
- Ch.VIII Disputes between Contracting States
- Ch.IX Amendment
- Ch.X Final Provisions
- The Energy Charter Treaty (excerpts)
- Part Definitions and Purpose
- Part Investment Promotion and Protection
- Part Dispute Settlement
- North American Free Trade Agreement (Chapter Eleven)
- Section A – Investment
- Art.1101 Scope and Coverage
- Art.1102 National Treatment
- Art.1103 Most-Favored-Nation Treatment
- Art.1104 Standard of Treatment
- Art.1105 Minimum Standard of Treatment
- Art.1106 Performance Requirements
- Art.1107 Senior Management and Boards of Directors
- Art.1108 Reservations and Exceptions
- Art.1109 Transfers
- Art.1110 Expropriation and Compensation
- Art.1111 Special Formalities and Information Requirements
- Art.1112 Relation to Other Chapters
- Art.1113 Denial of Benefits
- Art.1114 Environmental Measures
- s.B Settlement of Disputes between a Party and an Investor of Another Party
- Art.1115 Purpose
- Art.1116 Claim by an Investor of a Party on Its Own Behalf
- Art.1117 Claim by an Investor of a Party on Behalf of an Enterprise
- Art.1118 Settlement of a Claim through Consultation and Negotiation
- Art.1119 Notice of Intent to Submit a Claim to Arbitration
- Art.1120 Submission of a Claim to Arbitration
- Art.1121 Conditions Precedent to Submission of a Claim to Arbitration
- Art.1122 Consent to Arbitration
- Art.1123 Number of Arbitrators and Method of Appointment
- Art.1124 Constitution of a Tribunal When a Party Fails to Appoint an Arbitrator or the Disputing Parties are Unable to Agree on a Presiding Arbitrator
- Art.1125 Agreement to Appointment of Arbitrators
- Art.1126 Consolidation
- Art.1127 Notice
- Art.1128 Participation by a Party
- Art.1129 Documents
- Art.1130 Place of Arbitration
- Art.1131 Governing Law
- Art.1132 Interpretation of Annexes
- Art.1133 Expert Reports
- Art.1134 Interim Measures of Protection
- Art.1135 Final Award
- Art.1136 Finality and Enforcement of an Award
- Art.1137 General
- Art.1138 Exclusions
- Section C - Definitions
- Mexico
- United States
- Mexico
- Section A – Investment
- Agreement Between the Government of the People’s Republic of China and the Government of […] on the Promotion and Protection of Investments
- Art.1 Definitions
- Art.2 Promotion and Protection of Investment
- Art.3 Treatment of Investment
- Art.4 Expropriation
- Art.5 Compensation for Damages and Losses
- Art.6 Transfers
- Art.7 Subrogation
- Art.8 Settlement of Disputes between Contracting Parties
- Art.9 Settlement of Disputes between Investors and One Contracting Party
- Art.10 Other Obligations
- Art.11 Application
- Art.12 Consultations
- Art.13 Entry into Force, Duration and Termination
- Treaty between the Federal Republic of Germany and […] concerning the Encouragement and Reciprocal Protection of Investments
- Art.1 Definitions
- Article 2 Admission and protection of investments
- Article 3 National and most-favoured-nation treatment
- Article 4 Compensation in case of expropriation
- Article 5 Free transfer
- Article 6 Subrogation
- Article 7 Other provisions
- Article 8 Scope of application
- Article 9 Settlement of disputes between the Contracting States
- Article 10 Settlement of disputes between a Contracting State and an investor of the other Contracting State
- Article 11 Relations between the Contracting States
- Article 12 Registration clause
- Article 13 Entry into force, duration and notice of termination
- Draft Agreement Between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of […] for the Promotion and Protection of Investments
- Art.1 Definitions
- Art.2 Promotion and Protection of Investment
- Art.3 National Treatment and Most-favoured-nation Provisions
- Art.4 Compensation for Losses
- Art.5 Expropriation
- Art.6 Repatriation of Investment and Returns
- Art.7 Exceptions
- Art.8[Preferred] Reference to International Centre for Settlement of Investment Disputes
- Art.8[Alternative] Settlement of Disputes between an Investor and a Host State
- Art.9 Disputes between the Contracting Parties
- Art.10 Subrogation
- Art.11 Application of other Rules
- Art.12 Territorial Extension
- Art.13 Entry into Force
- Art.14 Duration and Termination
- Treaty Between the Government of the United States of America and the Government of [Country] Concerning the Encouragement and Reciprocal Protection of Investment
- Section A
- Art.1 Definitions
- Art.2 Scope and Coverage
- Art.3 National Treatment
- Art.4 Most-Favored-Nation Treatment
- Art.5 Minimum Standard of Treatment
- Art.6 Expropriation and Compensation
- Art.7 Transfers
- Art.8 Performance Requirements
- Art.9 Senior Management and Boards of Directors
- Art.10 Publication of Laws and Decisions Respecting Investment
- Art.11 Transparency
- Art.12 Investment and Environment
- Art.13 Investment and Labor
- Art.14 Non-Conforming Measures
- Art.15 Special Formalities and Information Requirements
- Art.16 Non-Derogation
- Art.17 Denial of Benefits
- Art.18 Essential Security
- Art.19 Disclosure of Information
- Art.20 Financial Services
- Art.21 Taxation
- Art.22 Entry into Force, Duration, and Termination
- s.B
- Art.23 Consultation and Negotiation
- Art.24 Submission of a Claim to Arbitration
- Art.25 Consent of Each Party to Arbitration
- Art.26 Conditions and Limitations on Consent of Each Party
- Art.27 Selection of Arbitrators
- Art.28 Conduct of the Arbitration
- Art.29 Transparency of Arbitral Proceedings
- Art.30 Governing Law
- Art.31 Interpretation of Annexes
- Art.32 Expert Reports
- Art.33 Consolidation
- Art.34 Awards
- Art.35 Annexes and Footnotes
- Art.36 Service of Documents
- s.C
- Annex A Customary International Law
- Annex B Expropriation
- Annex C Service of Documents on a Party
- Section A
- Index
