The international law on foreign investment
著者
書誌事項
The international law on foreign investment
Cambridge University Press, 2004
2nd ed
- : pbk
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注記
Previous ed.: 1994
Includes bibliographical references (p. 489-505) and index
内容説明・目次
内容説明
This new edition of Sornarajah's book, available for the first time in paperback, surveys the international law developed to protect foreign investment by multinational corporations. The area has always been one of controversy due to the different political and economic conflicts that exist in the field. The book assesses the role of multinational corporations in making foreign investments, and considers the ways in which misconduct on the part of such corporations in host states could be controlled. Sornarajah focuses on the protection of foreign investment and the problems associated with such protection. He explores treaty-based methods, and examines several bilateral and regional investment treaties. The failure to agree on a multilateral treaty system and the inability to incorporate a discipline on investment within the WTO are also considered. He takes account not only of the law, but also of the relevant literature in economics, political science and other associated disciplines.
目次
- Part I. Introduction: 1. The definition of foreign investment
- 2. The history of the international law on foreign investment
- 3. An outline of the book
- Part II. The Shaping Factors: 1. The historical setting
- 2. Conflicting economic theories on foreign investment
- 3. Actors in the field of foreign investment
- 4. Risks in foreign investment
- 5. The sources of the international law on foreign investment
- Part III. Controls By The Host State: 1. Regulation of entry
- 2. New forms of foreign investment
- 3. Constraints on control: the customary international law
- 4. Conclusion
- Part IV. The Liability of Multinational Corporations and Home Country Measures: 1. Obligations of multinational corporations
- 2. Extraterritorial control by home states
- 3. Conclusion
- Part V. Bilateral Investment Treaties: 1. Introductory survey
- 2. Treaties of friendship, commerce and navigation
- 3. Reasons for bilateral investment treaties
- 4. Feature of bilateral investment treaties
- 5. New concerns in bilateral investment treaties
- 6. Conclusion
- Part VI. Multilateral Instruments On Foreign Investment: 1. The international norms on multinational corporations
- 2. The. UNCTC draft code on multinational corporations
- 3. The outstanding issues
- 4. The regional agreements
- 5. The multinational agreement on investment
- 6. The WTO and foreign investment
- 7. An investment regime under the WTO
- 8. The right to regulation of foreign investment
- 9. Conclusion
- Part VII. Causes of Action: Breaches of Treatment Standards: 1. The customary international law standards
- 2. The violation of national treatment standards
- 3. International minimum standard treatment
- 4. Fair and equitable standard of treatment
- 5. Full protection and security
- 6. Conclusion
- Part VIII. The Taking of Foreign Property: 1. What constitutes taking?
- 2. The exercise of management control over the investment
- 3. Illegal takings
- 4. Conclusion
- Part IV. Takings in Violation of Foreign Investment Agreements: 1. Contractual devices for foreign investment protection
- 2. The internationalisation of state contracts
- 3. Conclusion
- Part X. Compensation for Nationalisation of Foreign Investment: 1. The competing norms: the views of the capital exporting states
- 2. The competing norms 3. Valuation of nationalised property
- 4. Conclusion.
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