The International Law of Investment Claims - Hardcover

Douglas, Zachary

Hardcover

ISBN 10: 0521855675 ISBN 13: 9780521855679

Publisher: Cambridge University Press, 2009

Synopsis

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.

About this title

Review:

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

Book Description:

There are more than 2,500 treaties protecting the investments of individuals and companies of one contracting State party that have been made in the territory of another contracting State party. This book deals with the principles and rules relating to the prosecution of investment claims pursuant to such treaties.

About this edition

• Publisher: Cambridge University Press
• Publication date: 2009
• ISBN 10: 0521855675
• ISBN 13: 9780521855679
• Binding: Hardcover
• Edition number: 1
• Number of pages: 684