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The International Law of Investment Claims Zachary Douglas (Jesus College, Cambridge)

The International Law of Investment Claims By Zachary Douglas (Jesus College, Cambridge)

The International Law of Investment Claims by Zachary Douglas (Jesus College, Cambridge)


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Summary

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.

The International Law of Investment Claims Summary

The International Law of Investment Claims by Zachary Douglas (Jesus College, Cambridge)

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.

The International Law of Investment Claims Reviews

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

Table of Contents

1. The juridical foundations of investment treaty arbitration; 2. Applicable laws; 3. Taxonomy of preliminary issues relating to jurisdiction and admissibility in investment treaty arbitration; 4. Consent to the arbitration of investment disputes; 5. Investment; 6. Jurisdiction ratione materiae; 7. Jurisdiction ratione personae; 8. Jurisdiction ratione temporis; 9. The obligation to accord most-favoured-nation treatment and the jurisdiction of an investment treaty tribunal; 10. Admissibility: contractual choice of forum; 11. Admissibility: shareholder claims; 12. Admissibility: dispositions relating to the legal and beneficial ownership of the investment; 13. Denial of benefits.

Additional information

NLS9781107411364
9781107411364
110741136X
The International Law of Investment Claims by Zachary Douglas (Jesus College, Cambridge)
New
Paperback
Cambridge University Press
2012-10-25
686
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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