Review of the hardback: 'There is no shortage of books now on investment arbitration. But this will prove one of the best and, I believe, most enduring; it is fit as a work of synthesis to rank alongside Schreuer's Commentary to the ICSID Convention.' Professor James Crawford SC, Lauterpacht Centre for International Law, University of Cambridge

'Douglas' book certainly is an important contribution to the development of international investment law … the theses presented by Douglas hopefully will initiate a vivid academic discussion.' Jan Asmus Bischoff, International and European Law Book Reviews Online

The International Law of Investment Claims considers the distinct principles governing the prosecution of a claim in investment treaty arbitration. The principles are codified as 54 'rules' of general application on the juridical foundations of investment treaty arbitration, the jurisdiction of the tribunal, the admissibility of claims and the laws applicable to different aspects of the investment dispute. The commentary to each proposed rule contains a critical analysis of the investment treaty jurisprudence and makes extensive reference to the decisions of other international courts and tribunals, as well as to the relevant experience of municipal legal orders. Solutions are elaborated in respect of the most intractable problems that have arisen in the cases, including: the effect of an exclusive jurisdiction clause in an investment agreement with the host state; reliance on the MFN clause in relation to jurisdictional provisions; and, the legitimate scope of derivative claims by shareholders.
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1. The juridical foundations of investment treaty arbitration; 2. Applicable laws; 3. Taxonomy of preliminary issues relating to jurisdiction and admissibility in investment treaty arbitration; 4. Consent to the arbitration of investment disputes; 5. Investment; 6. Jurisdiction ratione materiae; 7. Jurisdiction ratione personae; 8. Jurisdiction ratione temporis; 9. The obligation to accord most-favoured-nation treatment and the jurisdiction of an investment treaty tribunal; 10. Admissibility: contractual choice of forum; 11. Admissibility: shareholder claims; 12. Admissibility: dispositions relating to the legal and beneficial ownership of the investment; 13. Denial of benefits.
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This book is a codification of the principles and rules relating to the prosecution of investment claims.

Produktdetaljer

ISBN
9781107411364
Publisert
2012-10-25
Utgiver
Vendor
Cambridge University Press
Vekt
900 gr
Høyde
229 mm
Bredde
152 mm
Dybde
35 mm
Aldersnivå
UP, 05
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
686

Forfatter