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Vol 23 No 5 May/June 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
The Law of Investment Treaties 2nd ed isbn 9780198703976

The Law of Investment Treaties

ISBN13: 9780199206056
New Edition ISBN: 9780198703976
Published: January 2010
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print

Investment treaties, which grant special international protection to foreign investors and give them a means to enforce those rights against States in which they have invested, have become increasingly important in planning, executing and managing international investments.

The Law of Investment Treaties explains the nature, history, and significance of investment treaties and their impact on international investors and investments, as well as on governments that are parties to them.

The international law governing trans-national investments has undergone a remarkable transformation in a relatively short time. The fundamental tool for effecting that transformation has been the investment treaty, in which contracting countries set down rules to govern investments by their respective nationals in each other's territories.

They include the North American Free Trade Agreement, the Energy Charter Treaty, and some 2500 bilateral investment treaties. This trend is bound to grow in the future. While differing in particular provisions, investment treaties all do two things: 1) they grant special protective rights to foreign investors, and 2) they provide for mechanisms that allow investors to enforce those rights, usually by international arbitration.

The Law of Investment Treaties examines the nature, history, and significance of investment treaties and their impact particularly on protected investors and investments, as well as on governments. Although the precise provisions of investment treaties are not uniform and some treaties restrict host country governmental action more than others, virtually all investment treaties address the same issues.

Drawing on the growing body of arbitration decisions applying and interpreting investment treaties, this book examines in detail these common issues, including the scope of application, conditions for the entry of foreign investment and general standards of treatment of foreign investments (including increasingly common concepts such as "fair and equitable treatment" "national treatment", "most-favoured-nation treatment" etc.). Monetary transfers, operational conditions, protection against expropriation and dispossession and compensation for losses are also explored. Salacuse also discusses dispute settlement, including negotiation, arbitration, conciliation, and judicial proceedings.

International Trade, International Investment Law
1: The Nature and Significance of International Investment
2: Traditional Law of International Investment and the Antecedents of Investment Treaties
3: The Movement to Negotiate International Investment Treaties
4: Types of Investment Treaties and Methods for their Interpretation
5: Goals, Structure and Concepts of Investment Treaties
6: Scope of Coverage under Investment Treaties
7: Conditions for the Entry of Foreign Investment
8: Standards of Treatment of Foreign Investments and Investors
9: Monetary Transfers
10: Operational Conditions of Foreign Investments
11: Protection against Expropriation and Dispossession
12: Compensation for Losses
13: Investment Dispute Settlement
14: Investor State Arbitration of Investment Disputes
15: Termination, Modification, and Renegotiation of Investment Treaties
16: International Investment Treaties and Domestic Legislation
17: The Future of Investment Treaty Law