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Vol 21 No 11 Nov/Dec 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
The International Law on Foreign Investment 3rd ed isbn 9780521747653

The International Law on Foreign Investment 2nd ed

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ISBN13: 9780521545563
ISBN: 0521545560
New Edition ISBN: 9780521747653
Previous Edition ISBN: 0521465281
Published: September 2004
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: Out of print
Hardback edition out of print, ISBN13 9780521837132



This new edition of Sornarajah's book, available for the first time in paperback, surveys the international law developed to protect foreign investment by multinational corporations. The area has always been one of controversy due to the different political and economic conflicts that exist in the field.

The book assesses the role of multinational corporations in making foreign investments, and considers the ways in which misconduct on the part of such corporations in host states could be controlled. Sornarajah focuses on the protection of foreign investment and the problems associated with such protection. He explores treaty-based methods, and examines several bilateral and regional investment treaties.

The failure to agree on a multilateral treaty system and the inability to incorporate a discipline on investment within the WTO are also considered. He takes account not only of the law, but also of the relevant literature in economics, political science and other associated disciplines.

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Subjects:
International Investment Law
Contents:
Part I. Introduction: 1. The definition of foreign investment
2. The history of the international law on foreign investment
3. The outline of the book
Part II. The Shaping Factors: 4. The historical setting
5. Conflicting economic theories on foreign investment
6. Actors in the field of foreign investment
7. Risks in foreign investment
8. The sources of the international law on foreign investment
Part III. Controls By The Host State: 9. Regulation of entry
10. New forms of foreign investment
11. Constraints on control: the customary international law
12. Conclusion
Part IV. The Liability of Multinational Corporations and Home Country Measures: 13. Obligations of multinational corporations
14. Extraterritorial control by home states
15. Conclusion
Part V. Bilateral Investment Treaties: 16. Introductory survey
17. Treaties of friendship, commerce and navigation
18. Reasons for bilateral investment treaties
18. Feature of bilateral investment treaties
19. New concerns in bilateral investment treaties
20. Conclusion
Part VI. Multilateral Instruments On Foreign Investment: 21. The international norms on multinational corporations
22. The. UNCTC draft code on multinational corporations
23. The outstanding issues
24. The regional agreements
25. The multinational agreement on investment
26. The WTO and foreign investment
27. An investment regime under the WTO
28. The right to regulation of foreign investment
29. Conclusion
Part VII. Causes of Action: Breaches of Treatment Standards: 30. The customary international law standards
31. The violation of national treatment standards
32. International minimum standard treatment 33. Fair and equitable standard of treatment
34. Full protection and security
35. Conclusion
Part VIII. The Taking of Foreign Property: 36. What constitutes taking?
37. The exercise of management control over the investment
38. Illegal takings
39. Conclusion
Part IV. Takings in Violation of Foreign Investment Agreements: 40. Contractual devices for foreign investment protection
41. Contractual devices for foreign investment protection
42. The internationalisation of state contracts
43. Conclusion
Part X. Compensation for Nationalisation of Foreign Investment: 44. The competing norms: the views of the capital exporting states
45. The competing norms: valuation of nationalised property
46. Conclusion.