Commentaries on Selected Model Investment Treaties

1. Auflage 2014
ISBN: 978-0-19-964519-0
Verlag: Oxford University Press (UK)

Buch, Englisch, 1018 Seiten, Format (B × H): 183 mm x 260 mm, Gewicht: 2067 g

The existing literature on the substantive and procedural aspects of bilateral investment treaties (BITs) relies heavily on investment treaty arbitration decisions as a source of law. What is missing is a comprehensive, analytical review of state practice. This volume fills this gap, providing detailed analyses of the investment treaty policy and practice of nineteen leading capital-exporting states and emerging market economies.

The authors are leading experts in government, academia, and private legal practice, and their chapters are largely based on primary source materials. Each chapter provides a description of the regulatory or policy framework governing foreign investment (both inflows and outflows) with a historical presentation of the state's Model BIT; an examination of internal government processes and practices relating to treaty negotiation, conclusion, ratification and record-keeping; and a detailed article-by-article analytical commentary of the state's Model BIT, elucidating the policy behind each provision and highlighting the ways in which the actual investment treaty practice of that state deviates from this standard text. This commentary is supplemented by the case law relevant to that state's investment treaties.

This commentary will be of immense assistance to counsel and arbitrators engaged in arguing and determining the proper interpretation of BITs and investment chapters in Free Trade Agreements, and to government officials and scholars engaged in BIT policy formulation and implementation. It will serve as a standard resource for legal practitioners, scholars, policy-makers and other stakeholders in the field of international investment policy, law, and arbitration.

Zielgruppe

Lawyers in private practice in the field of investment treaty arbitration; scholars of post-graduate students of international investment law; government and NGO legal advisers working in investment law

Autoren/Hrsg.

Brown, Chester

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Handels-, Wirtschafts- und Gesellschaftsrecht

Inhaltsverzeichnis

- 1: Chester Brown: Introduction

- 2: August Reinisch: Austria

- 3: Andrew Newcombe and Celine Levesque: Canada

- 4: Norah Gallagher and Wenhua Shan: China

- 5: Jose Antonio Rivas: Colombia

- 6: Yas Banifatemi and Andre von Walter: France

- 7: Rudolf Dolzer and Yun-I Kim: Germany

- 8: Federico Ortino: Italy

- 9: Luke Nottage and Shotaro Hamamoto: Japan

- 10: Shin Hi-Taek: Republic of Korea

- 11: Martins Paparinskis: Latvia

- 12: Andrea Bjorklund: NAFTA

- 13: Nico Schrijver and Vid Prislan: Netherlands

- 14: Sergey Ripinsky: Russia

- 15: Jean Ho: Singapore

- 16: Michael Schmid: Switzerland

- 17: Chester Brown and Audley Sheppard: United Kingdom

- 18: Jeremy Sharpe and Lee Caplan: United States

Über Autor(innen)

Dr Chester Brown is Associate Professor at the Faculty of Law, University of Sydney, a Barrister at 7 Selborne Chambers, Sydney, and a door tenant at Essex Court Chambers, London, and Maxwell Chambers, Singapore. He previously served as Assistant Legal Adviser at the Foreign and Commonwealth Office, London, and prior to that he was Senior Associate in the International Law and International Arbitration Group of Clifford Chance LLP, London. He is the author of A Common Law of International Adjudication (OUP, 2007), which was awarded the ASIL Certificate of Merit. He was educated at the Universities of Melbourne, Oxford and Cambridge.