Overview

Transnational investment involves a variety of actors (States, public and private legal entities, and natural persons) whose relationships are governed by rules and legal instruments belonging to different legal systems. This book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction. It focuses primarily on the network of over 3,000 Bilateral Investment Treaties, international investment contracts, customary international law, the main multilateral treaties, national legislation, international case law and general principles of law. The book, firmly based on State practice, arbitral awards and national decisions, is indispensable to fully appraise the nature and content of the claims of private investors as well as to identify the law applicable in investment arbitration.

Full Product Details

Author:   Tarcisio Gazzini ,  Eric De Brabandere
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   1
Dimensions:   Width: 15.50cm , Height: 2.60cm , Length: 23.50cm
Weight:   1.560kg
ISBN:  

9789004214309

ISBN 10:   9004214305
Pages:   364
Publication Date:   22 August 2012
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

CONTENTS Preface Biographies List of Abbreviations Table of Cases Introduction - Pierre d'Argent I. International Customary Investment Law: Story of a Paradox - Jean d'Aspremont II. Preferential Trade and Investment Treaties - Erik Denters III. The Energy Charter Treaty - Matthew Happold and Thomas Roe IV. Bilateral Investment Treaties - Tarcisio Gazzini V. General Principles of Law and International Investment Law - Stephan W. Schill VI. National Legislation and Unilateral Acts of States - Makane Moise Mbengue VII. International Investment Contracts - Patrick Dumberry VIII. Arbitral Decisions As a Source of International Investment Law - Eric De Brabandere IX. Non-Binding Documents and Literature - Tony Cole Conclusion The Sources of International Investment Law: Concluding Thoughts - Christian J. Tams Index

Reviews

This book illustrates the continuing evolution of international investment law, both in terms of substantive norms (and their content) but also in terms of sources and their importance...This book will serve as a benchmark which could be revisited with a comparative new snapshot in a few years' time. -Julien Fouret, Revue quebecoise de droit international

Author Information

Tarcisio Gazzini, BA (Padova), LLM (Nottingham), PhD (Padova) is Associate Professor at the VU University Amsterdam. He has previously taught at the Universities of Padua and Glasgow. He is a member of the International Law Commission Committee on non-state actors and of the Editorial Board of the Leiden Journal of International Law. Eric De Brabandere, Lic. Jur.(Ghent), LLM (Geneva), Phd (Ghent), is Senior Lecturer in International Law and International Dispute Settlement at Leiden University. He is a member of the Editorial Board of the Leiden Journal of International Law and the Revue Belge de Droit International. He received a three-year grant from the Dutch NWO to research the public/private divide in international investment disputes.

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