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Principles of International Investment Law


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Table of Contents

I. Background and Introduction 1: The Object and Purpose of International Investment Law 2: The History of International Investment Treaties 3: The Evolving Context of Investment Rules - The Sources of International Investment Law 4: Model Treaties 5: Interpreting Investment Treaties II. Investors and Investments Covered by International Agreements 6: Nationals and Companies 7: The Concept of Investment 8: Application of International Agreements in Time III. Investment Contracts 9: Investment Contracts IV. Admission and Establishment 10: Admission and Establishment V. Principles of Protection - Substantive Standards 11: Fair and Equitable Treatment 12: Full Protection and Security 13: Protection from Expropriation 14: Protecting Contractual Rights: The Umbrella Clause 15: Access to Courts, Denial of Justice, Fair Procedure 16: Armed Conflict and Emergencies 17: Preserving Existing Rights 18: Protection Against Arbitrary Treatment and Discrimination 19: National Treatment 20: Most Favoured Nation Treatment 21: Transfer of Payments, Convertibility, Exchange Rights VI. Questions of State Responsibility 22: Attribution: Provinces, Municipalities 23: The Role of State Entities VII. Political Risk Insurance 24: MIGA 25: National Insurance Programmes 26: Private Investment Insurance VIII. Settling Investment Disputes 27: State v. State Disputes 28: Investor v. State Disputes Annexes Four Model Treaties: US, UK, France, Germany ICSID Convention NAFTA Ch. XI ECT

About the Author

Rudolf Dolzer has presented a new concept for a Framework Agreement on the Promotion of German-Russia Energy Relations in April 2011 in Omsk at the Annual Meeting of the German-Russian Raw Materials Forum. He has co-chaired the Forum's Working Group on International Relations since 2008. He was Vice Rector at the University of Mannheim and has taught at the Southern Methodist University in Texas, at the Massachusetts Institute of Technology, at the Michigan Law School, at the Chinese Academy of Social Sciences in Beijing, at the Yale Law School, at the Sorbonne in Paris and at the Instituto de Empresa in Madrid. From 1978 to 1992, he was a part-time journalist at the Frankfurter Allgemeine Zeitung, thereafter he was Director General at the Office of Federal Chancellor Kohl. He later served as a member of three Commissions of Inquiry of the German Parliament. From 1996 to 2009, he was Director of the Institute of International Law at the University of Bonn. Professor Christoph Schreuer is a counsel at Wolf Theiss Rechtsanwalte, and Professor Emiterius at the University of Vienna.


`Review from previous edition The expansion of bilateral investment treaties (BITs) and regional agreements dealing with investment, and the increasing number of awards applying them in disputes between foreign investors and host States makes this book quite timely. Although there have been several efforts to present the subject-matter in a single volume, this is the first successful attempt to do so in clear and authoritative terms, maintaining an appropriate balance between conciseness and completeness...this work not only deals with "principles" as the title indicates, but systematically and meticulously covers all the issues that have presented themselves in this subsector of international law.' Giorgio Sacerdoti, Italian Yearbook of International Law, Vol XVIII `This book is an exceptional guide for practitioners and students alike and an essential reference tool for investment arbitration cases.' Crina Baltag - Queen Mary, University of London `Clearly written and take[s] a comprehensive approach to the major issues and principles of international investment law...a useful guide not only for novices in the field of investment law, but also for experienced practitioners since [it] represent[s] a powerful reference tool...[The book is] equally useful for counsel representing investors and states, arbitrators and negotiators of investment treaties, as [it] contain[s] excellent information and references, as well as pertinent commentaries and stimulating ideas.' Crina Baltag, British Yearbook of International Law

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