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Vol 21 No 11 Nov/Dec 2016

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Commentaries on Selected Model Investment Treaties (eBook)

Edited by: Chester Brown

ISBN13: 9780191651977
Published: January 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £158.33 + £31.67 VAT
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The existing literature on the substantive and procedural aspects of bilateral investment treaties (BITs) relies heavily on investment treaty arbitration decisions as a source of law. What is missing is a comprehensive, analytical review of state practice. This volume fills this gap, providing detailed analyses of the investment treaty policy and practice of nineteen leading capital-exporting states and emerging market economies.

The authors are leading experts in government, academia, and private legal practice, and their chapters are largely based on primary source materials. Each chapter provides a description of the regulatory or policy framework governing foreign investment (both inflows and outflows) with a historical presentation of the state's Model BIT; an examination of internal government processes and practices relating to treaty negotiation, conclusion, ratification and record-keeping; and a detailed article-by-article analytical commentary of the state's Model BIT, elucidating the policy behind each provision and highlighting the ways in which the actual investment treaty practice of that state deviates from this standard text. This commentary is supplemented by the case law relevant to that state's investment treaties.

This commentary will be of immense assistance to counsel and arbitrators engaged in arguing and determining the proper interpretation of BITs and investment chapters in Free Trade Agreements, and to government officials and scholars engaged in BIT policy formulation and implementation. It will serve as a standard resource for legal practitioners, scholars, policy-makers and other stakeholders in the field of international investment policy, law, and arbitration.

Subjects:
eBooks, Arbitration and Dispute Resolution, International Investment Law
Contents:
1: Chester Brown and Devashish Krishan: Introduction
2: Chester Brown: Australia
3: August Reinisch: Austria
4: Andrew Newcombe and Celine Levesque: Canada
5: Norah Gallagher and Wenhua Shan: China
6: Jose Antonio Rivas: Colombia
7: Emmanuel Gaillard and Yas Banifatemi: France
8: Rudolf Dolzer: Germany
9: Devashish Krishan: India
10: Federico Ortino: Italy
11: Luke Nottage and Shotaro Hamamoto: Japan
12: Shin Hi-Taek: Republic of Korea
13: Martins Paparinskis: Latvia
14: Andrea Bjorklund: NAFTA
15: Nico Schrijver and Vid Prislan: Netherlands
16: Sergey Ripinsky: Russia
17: Jean Ho: Singapore
18: Michael Schmid: Switzerland
19: Chester Brown and Audley Sheppard: United Kingdom
20: Jeremy Sharpe and Lee Caplan: United States;