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Vol 21 No 11 Nov/Dec 2016

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Regionalism in International Investment Law


ISBN13: 9780195389005
Published: May 2013
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Hardback
Price: £105.00



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Regionalism in International Investment Law provides a multinational perspective on international investment law. In it, distinguished academics and practitioners provide a critical and comprehensive understanding of issues in a field which has grown exponentially in its importance particularly over the last decade, focusing on the European Union, Australia, North America, Asia, and China.

The book approaches the field of foreign direct investment from both academic and practical viewpoints and analyzes different bilateral, regional, and multinational agreements, often yielding competing perspectives. The academic perspective yields a strong conceptual foundation to often misunderstood elements of international investment law, while the practical perspective aids those actively pursuing foreign direct investment in better understanding the landscape, identifying potential conflicts which may arise, in more accurately assessing the risk underlying the issues in conflict and in resolving those issues.

Thorny issues relating to global commerce, sovereignty, regulation, expropriation, dispute resolution, and investor protections are covered, depicting how they have developed and are applied in different regions of the world. These different treatments ensure that readers are able grasp the subject matter at multiple levels and provide a comprehensive overview of developments in the field of foreign direct investment.

Subjects:
International Investment Law
Contents:
INTRODUCTION
CHAPTER 1
FOREIGN DIRECT INVESTMENT: AN OVERVIEW
PROFESSOR LEON TRAKMAN AND NICK W. RANIERI
CHAPTER 2
FOREIGN DIRECT INVESTMENT: A HISTORICAL PERSPECTIVE
PROFESSOR LEON TRAKMAN AND DR NICK W. RANIERI
CHAPTER 3
INTERNATIONAL INVESTMENT LAW: SOME CULTURAL LEGAL INSIGHTS
PROFESSOR COLIN PICKARD
CHAPTER 4
BILATERAL TRADE AND INVESTMENT AGREEMENTS
PROFESSOR LEON TRAKMAN
CHAPTER 5
NAFTA: AN OVERVIEW
DR NICK W. RANIERI
CHAPTER 6
THE LEGAL FRAMEWORK FOR FOREIGN INVESTMENTS IN THE EU
PROFESSOR ANNA DELUCA
CHAPTER 7
THE EFFECT OF SURVIVAL AND WITHDRAWAL CLAUSES IN INVESTMENT TREATIES: PROTECTION OF INVESTMENTS IN LATIN AMERICA
PROFESSOR GISELA BOLIVAR
CHAPTER 8
ASEAN: THE LIBERALIZATION OF INVESTMENT THROUGH REGIONAL AGREEMENTS
PROFESSOR VIVIENNE BATH
CHAPTER 9
CHINA AND INTERNATIONAL INVESTMENT LAW
PROFESSOR WENHAU SHEN
CHAPTER 10
THE ICSID IN PERSPECTIVE
PROFESSOR LEON TRAKMAN
CHAPTER 11
THE IRAN-US EXPROPRIATION
PROFESSOR ROMESH WEERAMANTRY
CHAPTER 12
AUSTRALIA'S REJECTION OF INVESTOR-STATE ARBITRATION: A SIGN OF GLOBAL CHANGE
PROFESSOR LEON TRAKMAN
CHAPTER 13
THE RELATION OF THE EU AND MEMBER STATES IN INVESTOR-STATE ARBITRATION
DR STEPHAN W. SCHILL
CHAPTER 14
BALANCING INVESTORS' RIGHTS WITH PUBLIC POLICY IN THE NAFTA CONTEXT
DR NICK W. RANIERI
CHAPTER 15
CONSUMER PRODUCT SAFETY REGULATION AND INVESTOR-STATE ARBITRATION POLICY AND PRACTICE AFTER PHILIP MORRIS ASIA V AUSTRALIA
PROFESSOR LUKE NOTTAGE
CHAPTER 16
THE CASE AGAINST INTERNATIONAL INVESTMENT LAW
PROFESSOR SORNARAJAH
APPENDIX
A POLEMIC: THE CASE FOR AND AGAINST INVESTMENT LIBERALIZATION
PROFESSOR TRAKMAN: THE CASE FOR INVESTMENT LIBERALIZATION
PROFESSOR SORNARAJAH: THE CASE AGAINST INVESTMENT LIBERALIZATION