The multilateralization of international investment law / Stephan W. Schill.

Format:

Book

Author/Creator:

Schill, Stephan (Stephan W.)

Series:

Cambridge International Trade and Economic Law

Cambridge International Trade and Economic Law ; v.v. 2

Language:

English

Subjects (All):

Investments, Foreign--Law and legislation.

Investments, Foreign.

Investments, Foreign (International law).

International commercial arbitration.

Physical Description:

1 online resource (491 p.)

Edition:

1st ed.

Place of Publication:

Cambridge ; New York : Cambridge University Press, 2009.

Summary:

The book argues that international investment law is a structured body of law based on uniform principles of investment protection.

Contents:

COVER; HALF-TITLE; TITLE; COPYRIGHT; DEDICATION; CONTENTS; PREFACE; LIST OF FIGURES; TABLE OF TREATIES, DRAFT INSTRUMENTS, AND RELATED DOCUMENTS; Multilateral treaties; Bilateral treaties; Draft instruments and other non-binding instruments and related material; TABLE OF CASES; Permanent Court of International Justice; International Court of Justice; International Tribunal for the Law of the Sea; GATT/WTO Dispute Settlement Body; European Court of Human Rights; European Court of Justice; Iran-United States Claims Tribunal; Arbitral awards and decisions by claims commissions

Decisions of Domestic CourtsI Introduction: globalization and international investment law; A International investment law as a building block of the global economy; B International investment law, economic ideology and hegemony; C The choice between bilateralism and multilateralism; D Investment treaties - instruments of bilateralism or elements of a multilateral system?; E The multilateralization of international investment law on the basis of bilateral treaties; F The course of the argument; II The dynamics of multilateralism and bilateralism in international investment relations

A The state of international investment law until 1945B The failures of multilateralism I: 1945-1974; C The rise of bilateral and regional investment treaties; D Limited success of multilateralism: ICSID and MIGA; E The failures of multilateralism II: 1990-2004; F Conclusion; III Treaty negotiation and multilateralization of international investment law; A The standard content of bilateral investment treaties; B The dynamics of treaty negotiation: the creation of homogeneous treaty texts; C Multilateralism and the specific interest in uniform investment rules; D Conclusion

IV Multilateralization through most-favored-nation treatmentA Historical and doctrinal background of MFN clauses; B Multilateralizing substantive investment protection; C Multilateralizing procedural investment protection; D Multilateralizing arbitral jurisdiction; E Conclusion: MFN treatment - securing the future of multilateralism; V Multilateralization and corporate structuring; A Shareholder protection in international investment law; B "Hiding behind the corporate veil": corporate structuring and corporate nationality; C Conclusion

VI Multilateral enforcement of international investment lawA Investment treaty arbitration as a compliance mechanism; B Investment treaty arbitration as a mechanism for resolving uncertainty in international investment relations; C Conclusion; VII Multilateralization through interpretation: producing and reproducing coherence in investment jurisprudence; A The potential for inconsistencies in investment treaty arbitration; B Interpretation methods and the unity of the system's sources

C The system's operative unity: the emergence of a system of de facto precedent in investment treaty arbitration

Notes:

Description based upon print version of record.

ISBN:

1-107-19383-4

1-282-31788-1

9786612317880

0-511-60485-8

0-511-60453-X

0-511-60375-4

0-511-60515-3

0-511-60297-9

OCLC:

609845829