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Vol 21 No 11 Nov/Dec 2016

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The Three Laws of International Investment: National, Contractual, and International Frameworks for Foreign Capital


ISBN13: 9780199654567
Published: February 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £84.00
Paperback edition , ISBN13 9780198727378



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Three different legal frameworks are applicable to foreign investment: the laws of the host state and the investor's home country, the contract between the host state and the investor, and the rules and principles of international investment law.

These three bodies of law interact with each other and must be analysed together when interpreting an investment agreement or arbitrating a dispute. This book examines the content of each of these three legal frameworks and explores how they influence the flow of foreign investment.

The book is divided into five parts. Part I, after explaining the contemporary nature and significance of international investment, examines the theoretical and practical links between law and the investment process. Part II explores the nature of national laws regulating foreign investment.

Part III explores the nature of the contractual framework for international investments, looking at their negotiation, content, and stability. Part IV sets out the international legal framework governing foreign investment, focusing on the content and nature of bilateral investment treaties and on general principles. Finally, Part V considers how the three legal frameworks interact with each other.

By comprehensively examining each of the applicable legal frameworks, this book provides a vital overview of the laws, rules, and regulations governing foreign investment for lawyers, scholars, students, and government officials working in the field.

Subjects:
International Investment Law
Contents:
PART I: INTERNATIONAL INVESTMENT AND THE LAW
1. The Nature and Significance of International Investment
2. The Relationship between Law and International Investment
3. Three Legal Frameworks for International Investment: National, Contractual, and International

PART II: THE NATIONAL LEGAL FRAMEWORK
4. Factors Shaping National Legal Frameworks for International Investment
5. National Regulations of the Entry and Exit of Capital
6. National Regulations on Foreign Investment
7. The Challenges of Legal Change

PART III: THE CONTRACTUAL FRAMEWORK
8. The Nature and Functions of the Contractual Framework for Investment
9. The Negotiation of International Investment Contracts
10. The Nature and Content of International Investment Contracts
11. Political Risk Insurance
12. Contractual Stability, Instability, and Renegotiation

PART IV: THE INTERNATIONAL LEGAL FRAMEWORK
13. The Foundations of the International Legal Framework for Investment
14. The Treatification of International Investment Law
15. The Nature and Content of Investment Treaties

PART V: CONCLUSION
16. The Interaction of the Three Legal Frameworks