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Foreign investors enjoy the protection of a vast network of international investment agreements (IIAs) supplemented by the general rules of international law. Under these treaties, states must accord substantive standards of promotion and protection, in addition to an investor-state arbitration mechanism that allows investors to enforce these standards against host states.
In response to disputes arising under the IIA regime, since the early 1990s a significant body of arbitral jurisprudence has come into being. This book is the first to provide a comprehensive explanation of these standards of treatment, taking into account the full weight of relevant jurisprudence as it continues to evolve. Where possible, the authors critically examine applicable principles that can be seen to emerge for international commercial arbitration practitioners.
The book focuses on the substantive protections accorded to investors and investments and on the variations among jurisdictions. Among the many specific issues and topics that arise in the course of the discussion are the following: