The Law of Investment Treaties

Hardcover | July 4, 2015

byJeswald W. Salacuse

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The rapid growth in investment treaties has led to a burgeoning number of international arbitration decisions that have applied and interpreted treaty provisions in disputes between investors and states concerning their respective rights. This flurry of treaties and arbitral decisions has seenthe creation of a new branch of international law- the law of investment claims. In this revised edition, Jeswald Salacuse examines the law of international investment treaties, specifically in relation to its origins, structure, content, and effect, as well as their impact on internationalinvestors and investments, and the governments that are parties to them. Investment treaty law is a rapidly evolving field and since publication of the first edition, the law of international investment treaties has both experienced considerable growth and generated extensive controversy. 2011 saw the highest number of new treaty-based arbitration filed underinternational investment agreements to date, and in July 2014, the Yukos Universal Limited (Isle of Man) v The Russian Federation culminated with awards of over US$50 billion; a historic record for any arbitration. Controversy in this field has primarily revolved around the investor-state disputesettlement process, which as thus far involved at least 98 states as respondents. Salacuse captures these developments in this updated edition, examining not only the significant growth in treaties, but the trends that have followed, and their effect on the content and evolution of the law ofinvestment treaties. Specific topics include conditions for the entry of foreign investment and general standards of treatment of foreign investments; monetary transfers; operational conditions; protection against expropriation; dispossession and compensation for losses; dispute settlement, including negotiation,arbitration, and conciliation; and judicial proceedings.

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From the Publisher

The rapid growth in investment treaties has led to a burgeoning number of international arbitration decisions that have applied and interpreted treaty provisions in disputes between investors and states concerning their respective rights. This flurry of treaties and arbitral decisions has seenthe creation of a new branch of internation...

Jeswald W. Salacuse is Henry J. Braker Professor of Law at The Fletcher School, Tufts University, USA.
Format:HardcoverDimensions:528 pages, 9.21 × 6.14 × 1.39 inPublished:July 4, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019870397X

ISBN - 13:9780198703976

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Table of Contents

1. A Global Regime for Investment2. The Nature and Significance of International Investment3. The Foundations of International Investment Law4. A History of International Investment Treaties5. The General Structure of Investment Treaties6. The Interpretation of Investment Treaties7. Scope of Application of Investment Treaties8. Investment Promotion, Admission, and Establishment9. General Treatment Standards10. Monetary Transfers and Treatment11. Treatment of State Obligations (The 'Umbrella Clause')12. Protection Against Expropriation, Nationalization, and Dispossession13. Other Treatment Standards14. Investment Treaty Exceptions, Modifications, and Terminations15. Investment Treaty Dispute Settlement16. The Consequences of Treaty Violations

Editorial Reviews

"This is an extremely useful overview of the subject to understand the contributions and the contents of BITs" --Walid Ben Hamida, Emanuelle Cabrol and Fermat Morchani, Chronique De La Periode 2010