The International Law on Foreign Investment

The only work that goes beyond the rules of law, looking at the origins and conflicts that shaped the law.

M. Sornarajah (Author)

9781108730860, Cambridge University Press

Paperback / softback, published 1 July 2021

696 pages
24.4 x 17 x 3.3 cm, 1.32 kg

The climate surrounding foreign investment law is one of controversy and change, and with implications for human rights and environmental protection, foreign investment law has gained widespread public attention and visibility. This fully updated edition of Sornarajah's classic text offers thought-provoking analysis of the law in historical, political and economic contexts, capturing leading trends and charting the possible course of future developments. It takes into account the newer types of treaties that establish a regulatory space for states and moves away from inflexible investment protection, exploring the newly created defences relating to environment, human rights, indigenous rights and other areas ending the fragmentation of the law. It looks at the current debates on legitimacy of the system and current efforts at reform. Suitable for postgraduate and undergraduate students, The International Law on Foreign Investment is essential reading for anyone specialising in the law of foreign investments.

1. Introduction
2. The shaping factors
3. Controls by the host state
4. The liability of multinational corporations and home state measures
5. Bilateral investment treaties
6. Multilateral and regional instruments on foreign investment
7. Settlement of investment disputes: contract-based arbitration
8. Treaty-based investment arbitration: jurisdictional issues
9. Causes of action: breaches of treatment standards
10. The taking of foreign property
11. Compensation for nationalisation of foreign investments
12. Defences to responsibility
Bibliography
Index.

Subject Areas: Financial law [LNP], Laws of Specific jurisdictions [LN], International economic & trade law [LBBM], Public international law [LBB], International law [LB], Law [L]