| Description |
1 online resource (729 pages) |
| Series |
Routledge Research in International Economic Law |
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Routledge research in international economic law.
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| Contents |
Cover; Half Title; Title Page; Copyright Page; Table of Contents; Foreword by the Editors; Notes on Contributors; Table of Cases; Table of Statutes; 1. Introduction: Foreign Investment, International Law and Common Concerns; Part I: General International Law Issues; 2. The Jurisprudence of Investment Treaty Tribunals: Between Public Good and Common Concern; 2.1 The Quest for Multilateral Order: From Custom to Arbitral Jurisprudence; 2.2 Multilateralizing Investment Law through Jurisprudence; 2.2.1 Analogizing with Earlier Decisions |
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2.2.2 Precedent as a Means of Clarification of Investment Treaty Provisions2.2.3 Abbreviation of Reasoning; 2.2.4 Precedent and Standardization of Interpretation: Towards a Jurisprudence Constante; 2.2.5 Delegation of Law-Making Functions from States to Tribunals; 2.2.6 Multilateralization and Conflicting Decisions; 2.2.7 Precedent and the Generation of Normative Expectations; 2.3 Arbitral Jurisprudence as a Common Concern: Addressing the Legitimacy of Multilateralizing Investment Law; 3. Regulatory Measures, Standards of Treatment and the Law Applicable to Investment Disputes |
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3.1 Introduction3.2 The Law Applicable for, and the Law Applicable to, Treaty Claims; 3.3 The Legal Basis for, and the Law Applicable to, Contract Claims; 3.4 Regulatory Measures, International Law and Domestic Law in Investment Claims; 3.4.1 Treaty Claims; 3.4.2 Contract Claims; 3.5 The Assessment of the Legitimacy of Regulatory Measures in Light of the Treaty Standards of Treatment; 3.5.1 Regulatory Measures and Expropriation; 3.5.2 Regulatory Measures and Fair and Equitable Treatment; 3.6 The Impact of the Presence of a Stabilization Clause on the Arbitrators' Evaluation |
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3.6.1 Stabilization Clauses and Expropriation3.6.2 Stabilization Clauses and Fair and Equitable Treatment; 3.7 Concluding Remarks; 4. Investor Rights and Well-Being: Remarks on the Interpretation of Investment Treaties in Light of Other Rights; 4.1 Preliminary Clarifications of the Issue at Stake; 4.1.1 The Treaties ... ; 4.1.2 ... and Common Concerns: That Is?; 4.1.2.1 Other rules, common concerns, or planetary welfare?; 4.1.2.2 Other concerns are often not codified in rules, or their concrete content is not determined |
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4.1.2.3 Concerns common to whom? The interpretation does not entail a conflict between rules, but between jurisdictions4.1.2.4 To sum up, by way of introduction; 4.2 Application of the Treaty, its Broad Clauses, and Their Exceptions; 4.3 Integration of Treaties with Domestic Regulations; 4.4 Integration of Investor Rights with Other International Rights; 4.4.1 Interpretation of Investment Agreements in Light of Other International Rules; 4.4.1.1 Article 31.3(c); 4.4.1.2 Interpretive role of customs and other treaties outside Art. 31.3(c) |
| Summary |
Increasingly, transnational corporations, developed countries and private actors are broadening the boundaries of their investments into new territories, in search of a higher return on capital. This growth in direct foreign investment involves serious concerns for both the investor and host state. Various exponents of international civil society and non-governmental organisations persuasively claim that such growth in foreign investments constitutes potential and serious hazards both to the environment and the fundamental rights and freedoms of local populations. This book ex |
| Notes |
4.4.2 Application of Investor rights and Other International Rules and Regulations |
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Print version record |
| Form |
Electronic book
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| Author |
Seatzu, Francesco
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Trevisanut, Seline
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| ISBN |
9781135071905 |
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113507190X |
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