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Performance Requirement Prohibitions in International Investment Law

ISBN13: 9789004392090
Published: September 2019
Publisher: Brill Nijhoff
Country of Publication: The Netherland
Format: Hardback
Price: £125.00

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In Performance Requirement Prohibitions in International Investment Law, Alexandre Genest explores the prohibition of performance requirements in investment treaties. The author focuses on answering two questions: first, how do States prohibit performance requirements in investment treaties? And second, how should such prohibitions of performance requirements be interpreted and applied? In providing answers to these questions, Alexandre Genest breaks new ground by proposing the first empirical typology of performance requirement prohibitions in investment treaties and the first in-depth analysis of arbitral awards on the subject.

Alexandre Genest formulates insightful remarks for a more deliberate and informed interpretation and application of existing performance requirement prohibitions. These remarks will help improve the drafting of performance requirement prohibitions in future investment treaties.

International Investment Law
General Introduction
Characteristics and General Objectives of Performance Requirements and PRPs
Systemic Integration and Cross-Fertilisation for a Proper Understanding of PRPs in IIAs
Typology and Analysis of PRPs in IIAs
Recurring Features That Modulate the Scope and Coverage of PRPs in IIAs
The Disruptive Broadening of PRPs by Virtue of MFN Treatment Clauses
General Conclusion and Proposals
Examples of the Main Types of Performance Requirement Prohibitions and Related Treaty Provisions
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