Description
Book SynopsisThis is a compact, yet detailed, study mapping out an underexplored subset of the law of state responsibility, dedicated to contractual protection. It will appeal to scholars, practitioners and students of international investment law, as well as public international lawyers generally.
Trade Review'The author has written an extremely valuable monograph on a topic that surprisingly has received little attention. International investment contracts were once considered the main source of obligations and of consent to binding dispute settlement, yet academic attention has been focused on treaty breach. This text examines the contractual context and makes the link between international responsibility of states under investment contracts and the international law developed through arbitral awards. It is well written and is a superb source of information and explanation about this aspect of international investment law.' Meg Kinnear, Secretary-General, International Centre for the Settlement of Investment Disputes, Washington DC
'This monograph is a timely and important contribution to an area of law that is very much in use, but also mired in uncertainty. By analysing the history and development of international law that is specific to contractual protection, the author defines the contours and content of a unique branch of the law of state responsibility. Her thoroughly-researched and provocative thesis promises to engage international investment law scholars, practitioners, and students for years to come.' Hi-Taek Shin, Chairman, Seoul International Dispute Resolution Center
'This work is a superlative historical and systematic analysis of legal materials on investment contracts to the present day. As unilateral reforms, both substantive and procedural, are applied to treaty-based investments, compelling foreign investors increasingly to seek contractual protections with a host State, it is likely to become an essential guide for all participants in this specialist field of investor-state investment disputes.' V.V. Veeder, QC, Essex Court Chambers, and Visiting Professor on Investment Arbitration, Dickson Poon School of Law, King's College London
Table of Contents1. Power and principle in the origins of contractual protection; 2. Arbitral awards and the generation of international law; 3. State responsibility and the core standard of treatment; 4. State responsibility and expropriation; 5. State responsibility and internationalisation; 6. The emerging international law on investment contract protection; 7. The future of international investment contract claims.
