International investment law governs foreign direct investment and the resolution of disputes between foreign investors and sovereign states. A conceptual framework rob howse forthcoming in international law and litigation helene ruizfabri, ed. Principles of international investment law oxford university press. Although russian scholars often contrast western and russian approaches to international law, scholars in the west mostly proceed without any discussion of russian practice and perspectives. I am the coauthor of one of the leading textbooks on international law used in the united states, international law. International investment law therefore constitutes a special protection regime for foreign investors that combines public law constraints with privatepublic arbitration as a dispute settlement mechanism. Principles of international investment law, 2012, 456. International investment law is one of the fastestgrowing areas of international law today. Treaties that similarly require fair and equitable treatment in accordance with the principles of international law, but that in addition expressly 17 unctad 2007, bilateral investment treaties 1995. Principles of international investment law econpapers. They are by no means exhaustive and are not intended to compete with those developed by other civil society actors. In this context, we will consider the decoupling of investment law and trade law and the divergence of those legal systems.
Find principles of international investment law, by rudolf dolzer, christoph schreuer, isbn. This guide identifies the best resources for locating primary and secondary materials related to international investment law, with an emphasis on bilateral investment treaties bits and the arbitration of investorstate disputes. The oxford handbook of international investment law, peter muchlinski, federico ortino. These principles have a strong focus on environmental protection. The oxford handbook of international investment law. Christoph schreuer, professor of international law. It covers the main principles of international law of foreign investment governing international economic relations between states.
Bilateral investment treaties and international human. M potesta 20, legitimate expectations in investment treaty law. Areas covered are the evolution of the law of foreign investment, international efforts to regulate foreign investment, regulation under bilateral investment treaties, free trade agreements and. The future of international law is a classic international law text. Trade and investment policy of the international chamber of commerce icc, the organisation for economic cooperation and development oecd freedom of investment roundtables, the united nations commission on international trade law uncitral commission sessions and working group. Laws477 international investment law course syllabus second semester, 2009 dr tracey epps. Principles of international investment law rudolf dolzer, professor. New publications in international law i general public international law chittharanjan f amerasinghe, diplomatic protection oxford university press, 2008 isbn 9780199212385. Introduction international investment law research guide. The third edition of this acclaimed scholarly book offers an uptodate, critical overview of the law of foreign investment, incorporating a thorough and succinct analysis of the principles and standards of treatment available to foreign investors in international law.
At the same time, investment treaties enshrine principles of international investment law. We will summarize the essential points this chapter. This book outlines the principles behind the international law of foreign investment. It is a firmly established principle in international law that the nationality. The book traces the purpose, context and evolution of the clauses and provisions characteristic of contemporaryinvestment treaties, and analyses the case law. Pdf principles of international investment law researchgate. African institute of international law training workshop on bilateral investment treaties and arbitration laura halonen module 2. Laws477 international investment law course syllabus. Brownlies principles of public international law james. The principles and practice of international commercial. Norms, actors, process 2010, now in its third edition, and i contributed to the books treatment of foreign investment.
Principles of international investment law rudolf dolzer. Schreuer, christoph 15th november 2012 preliminary material. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international. Access to justice, denial of justice and international. It examines the principle of systemic integration, the presumption against conflict in international law, and how these principles.
Second, the wording of article 3 requires that the fair and equitable conform to the principles of international law, but requirement for conformity. Rudolf dolzer, professor, university of bonn, germany and. The oxford handbook of international trade law places international trade law within its broader context, providing comment and critique on a range of questions both related specifically to the discipline of international trade law itself and to the outside face of international trade law and its intersection with states and other aspects of the international system. No western publication on international investment law iil has ever specifically undertaken a comparative study of russian and western doctrines of iil. The main focus is on the law governed by bilateral and multilateral. Rudolf dolzer, principles of international investment law, pages 111, 1927. Only a decade ago, the current surge in investorstate arbitrations, having cumulated in approximately 300 investment treaty disputes,1 was beyond imagination. Principles of international investment law paperback. Sinclairs research suggests that the origins can be traced to the advice provided by sir elihu lauterpracht in 195354 to. Systembuilding in investment treaty arbitration and lawmaking. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law. Dec 19, 2012 combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students or practitioners alike. The main focus is on the law governed by bilateral and multilateral investment treaties. The international law of investment claims is the first comprehensive account of the distinct principles governing the prosecution of a claim in investment treaty arbitration.
Principles of international investment law jh libraries. Risks in foreign investment required readings rudolf dolzer, principles of international investment law, pages 111, 1927. Of course, the correct choice of a state for the enforcement of icsid awards depends on the location of the commercial assets of the state in question. By carrying out the intellectual tasks of jurists proposed by the new haven school of international law, its findings are that the fps standard covers both physical and legal harms to investments caused by state organs andor third parties and that due. Introduction i have written extensively about the rule of law for two basic reasons.
Principles of international investment law, 2nd edition by dolzer, rudolf. The purpose of this note is to give an overview about the legal environment and the intricacies involved in international trade. International investment treaties constitute one of the principal instruments to enhance the rule of law in investorstate relations. Finally, we will consider the definition and nature of law of investment. Free international law books download ebooks online textbooks. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties. In addition, thebook introduces the dispute settlement mechanisms for enforcing investment law, outlining the operation of state vs. International investment law and sustainable development. General principles of law and international investment law. The object and purpose of international investment law. Combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers.
Brownlies principles of public international law has been shaping the study and application of international law for over 50 years. Ksenia polonskaya master of laws faculty of law university of toronto 2014 abstract maintaining integrity of international investment. It analyzes the potential of general principles of law to adapt international investment law and investorstate arbitration to the challenges the system is facing because of its impact on domestic. International tax principles and tax treaties comments 22. Dolzer and schreuer, principles of international investment law, second edition oxford university press, 2012, p. Core principles of international investment law arusha, 17. Pdf philippe sands principles of int environmental law. Principles of international investment law european. Principles of international investment law kindle edition by rudolf. Despite the major role of treaties, customary rules of international law play a significant role in investment disputes, prominently to fill gaps in existing treaty law lacuna and interpret the particular treaty provisions in light of customary law. The history and evolution of international investment law 4. Provides a unique overview of the principles shaping the international law of foreign investment, as they have been defined in investment treaties and by the jurisprudence of international tribunals. It is a short introduction which aims to give a quick insight into the general principles of international law as well as the basic elements of international criminal law, humanitarian law, refugee law and human rights law. Nov 15, 2012 combining a systematic analytical study of the texts and principles underlying investment law with a jurisprudential analysis of the case law arising in international tribunals, this book offers an ideal introduction to the principles of international investment law and arbitration, for students or practitioners alike.
This is the longawaited second edition of this widelyreferenced work on the substantive law principles of investment treaty arbitration. Basic international taxation second edition volume i. Principles of international investment law paperback rudolf. Abuse of rights should the investorstate tribunals extend the application of the doctrine. International law for business aims at providing the regulations required for execution of international transactions involving more than one nation. Aug 27, 2019 describes the sources of law that govern foreign direct investment, including customary international law, general principles of international law, preferential trade and investment treaties, bilateral investment treaties, national legislation and the unilateral acts of states, investment contracts, and decisions of arbitral tribunals. The principles and practice of international commercial arbitration is a comprehensive and uptodate overview which is ideal for an introductory law school course or for a lawyer unacquainted with international. Serving as a singlevolume introduction to the field as a whole, the book is one of the classic treatises on international law, now fully updated to order to take account of recent developments. The nature of international investment law the shaping factors in international investment 1. International investment law fudan university international. The lack of common rules on the application of foreign law by courts in europe as a real achilles heel.
Rather, greenpeace aims to complement the work of others, and work towards common standards for trade and investment agreements. International investment law understanding concepts and. Principles of international investment law rudolf dolzer, professor, university of bonn, germany and christoph schreuer, professor of international law, university of vienna, austria i. What is more, we shall consider the principles of investment. Principles of international investment law new york. Agency cida, the international development research centre idrc and environment canada, and from the province of manitoba. It traces the purpose, context, and evolution of the clauses and provisions characteristic of contemporary investment treaties, and analyses the case law.
Ksenia polonskaya master of laws faculty of law university of toronto 2014 abstract maintaining integrity of international investment regime requires the wider application of the abuse of rights doctrine. Only a decade ago, the current surge in investor state arbitrations, having cumu lated in approximately 300 investment treaty disputes. Principles of international investment law, 2012, 456 pages, rudolf dolzer, christoph schreuer, 0199651795, 9780199651795, oup oxford, 2012. The relative insignificant role of general principles of law in contemporary investment jurisprudence may be explained by the interrelationships between the various sources of international investment law. There are different types of investment, and we will discuss them based on the law of investment. It is a firmly established principle in international law that the nationality of the investor as a natural person is determined by the national law of the state whose nationality is claimed. Second, the wording of article 3 requires that the fair and equitable conform to the principles of international law. Essays in honour of christoph schreuer, 894, 905908. Principles of international investment law oxford public. Sources of international investment law by moshe hirsch. For a complete history of the umbrella clause see a. Rudolf dolzer and christoph schreuer, principles of international investment law new york.
Access to justice, denial of justice and international investment law francesco francioni abstract the development of investment arbitration in contemporary international law has helped to consolidate access to justice as a principle of both customary law on the treatment of aliens and human rights law. Rudolf dolzer and christoph schreuer, principles of international investment law. Abstract today, arguably, investorstate arbitration has become the most controversial form of international litigation. Since 2012, over 150 countries have undertaken at least one action in the pursuit of sustainable developmentoriented iias as set out in unctads reform package for the international investment regime including either phase 1 or phase 2 reform actions, discussed below. Investment principles of international investment law, 2012, 456 pages, rudolf dolzer, christoph schreuer, 0199651795, 9780199651795, oup 31082017 this book provides an ideal introduction to the fundamentals of international investment. The sources of international investment law 12 a the icsid convention b bilateral investment treaties c sectoral and regional treaties. Principles of international investment law, 2012, 456 pages. The relative insignificant role of general principles of law in contemporary investment jurisprudence may be explained by the interrelationships between the various sources of international. According to this doctrine, which was developed in the nineteenth century, host states are enjoined by international law to observe an. Free international law books download ebooks online. This book offers an uptodate, scholarly overview of the law of foreign investment, incorporating a thorough and succinct analysis of the principles and standards of treatment available to foreign investors in international law. Suggested reading dolzer, r and schreuer, c, principles of international investment law 2012 pp 112 root, e, the basis of protection to citizens residing abroad 1910 p 517 material. The legal principles that have developed in investment arbitration are subject to intense debate and are still in a state of flux.
183 553 338 1441 1242 1107 105 337 1169 1336 1336 1163 343 545 105 1396 1635 57 17 538 797 1175 1221 562 631 1371 1349 670 1033 1431 137 821 828 1200 1172