The International Law on Foreign InvestmentCambridge University Press, 1994 M08 18 - 430 pages The International Law on Foreign Investment is a survey of the Public International Law applicable to the protection of foreign investment, examining the different techniques adopted by States for attracting foreign investment and for ensuring that foreign investment serves their economic objectives. The work compares foreign investment legislation and assesses their legality in the light of international norms. It considers the changing perceptions of foreign investments and the new forms of foreign investments that have emerged from these changes. The risks to foreign investment are identified and the ways of avoiding them are discussed. The effectiveness of the different methods of risk avoidance are also surveyed. In considering these issues account is taken, not only of the law, but also of the relevant literature in economics, political science and other associated disciplines. |
Contents
67 | 22 |
THE SHAPING FACTORS | 27 |
ii The plantation sector | 33 |
ii Nationalism | 45 |
Risks in Foreign Investment | 55 |
iv Contracts made by previous regimes | 62 |
iv Judicial decisions | 79 |
ii Tax and nontax incentives to foreign investors | 99 |
MULTILATERAL INSTRUMENTS | 187 |
Respect for national sovereignty | 196 |
ii The outstanding issues | 202 |
Scope of application | 215 |
Settlement of disputes | 223 |
Features of Bilateral Investment Treaties | 237 |
TAKING OF FOREIGN PROPERTY | 277 |
TAKINGS IN VIOLATION | 323 |
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Common terms and phrases
accepted AJIL antitrust apply arbitral tribunals argument assert Barcelona Traction basis bilateral investment treaties capital capital-exporting changes Claims Tribunal code of conduct colonial concession agreement conflict Court customary international law developing countries doctrine domestic draft code effect ensure entry European existence export expropriation exterritoriality favourable Foreign Direct Investment foreign investment contract foreign investment protection foreign property formulation full compensation guidelines host human rights ICJ Rpts ICSID Indonesia industry interests interference International Economic International Economic Order investor involved Iran Iran-US Claims Tribunal issue joint venture jurisdiction Latin American law on foreign legislation ment multinational corporations nationalisation natural resources norms parties payment permanent sovereignty principles of international profits recognised regulatory relating requirements result risks rules sector seek shareholders situation sovereign Sri Lanka stabilisation clause standard of compensation taking territory theory tion Transnational Corporations United World Bank