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Part II Substantive Issues, Ch.7 Admission and Establishment

Ignacio Gómez-Palacio, Peter T Muchlinski

From: The Oxford Handbook of International Investment Law

Edited By: Peter T Muchlinski, Federico Ortino, Christoph Schreuer

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 14 April 2024

Investment — National treatment — General principles of international law — International investment law — Host state nationality

This chapter outlines the major legal and policy issues that the development of rights to admission and establishment raise under international law. It begins with an assessment of the meaning of the terms ‘admission’ and ‘establishment’ as well as the related term ‘market access’. It then considers various interests of the host country and the investor that inform the development of legal responses in this field. It continues with a review of the major trends in admission and establishment provisions in national laws and in international investment agreements (IIAs). Finally, the chapter seeks to relate the foregoing discussion to the wider policy issues raised in the introductory chapter.

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