OXFORD UNIVERSITY PRESS

Sale
 

The Origin and Evolution of Investment Treaty Standards: Stability, Value, and Reasonableness

ISBN : 9780198842637

参考価格(税込): 
¥14,608
著者: 
Federico Ortino
関連カテゴリー
ページ
224 ページ
フォーマット
Hardcover
サイズ
156 x 234 mm
刊行日
2019年12月
メール送信
印刷

This book provides a conceptual and legal analysis of the core of investment protection guarantees that emerge from international treaties signed since 1959 for the promotion and protection of foreign investment. It focuses on both the origin and evolution of investment treaty standards. Beginning with origins, the work considers the broader context at the time when the first modern investment treaty was concluded. It goes on to examine the many decisions of ad hoc arbitral tribunals that have since been called upon to apply these treaties in order to resolve the several hundred investor-State disputes. It also looks at some of the recent investment treaties that have attempted to clarify and/or reform the content and scope of investment protection guarantees.
Federico Ortino posits that the key investment protection provisions in investment treaties, and thus much of the controversy associated with such treaties, revolve around three concepts: legal stability, investment's value, and reasonableness. He argues that, from the very beginning, the protections afforded to foreign investments by modern investment treaties have been exceptionally broad, and as such restrictive of host States' ability to regulate. And whilst a growing number of investment treaty tribunals, as well as new investment treaties, have to some extent reined in such broad protections, the evolution of key investment protection standards has been marred by inconsistency and uncertainty.

目次: 

Introduction

1 Guarantees of legal stability in the strict sense

2 Protecting the value of investments: the expropriation provision

3 Ensuring reasonableness in the conduct of host states

Conclusion

著者について: 

Federico Ortino is Reader of International Economic Law at King's College London and a Consultant to Clifford Chance, specialising in international trade and investment law. He is a member of the ILA Committee on The Rule of Law and International Investment Law; member of the Executive Council (and former co-treasurer) of the Society of International Economic Law; member of the E15 Task Force on Investment Policy; and consultative member of the Investment Treaty Forum.

このページに掲載の「参考価格」は日本国内における希望小売価格です。当ウェブサイトでのご購入に対して特別価格が適用される場合、販売価格は「割引価格」として表示されます。なお、価格は予告なく変更されることがございますので、あらかじめご了承ください。