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Vol 21 No 10 Oct/Nov 2016

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The International Law on Foreign Investment 2nd ed

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ISBN13: 9780521837132
ISBN: 0521837138
Published: February 2006
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: Out of print
Paperback edition out of print, ISBN13 9780521545563



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.