- Table of Cases
- Table of International Treaties and Conventions
- Table of Rules and Resolutions
- Table of Legislation
- List of Contributors
- Policy Issues
- Investment, Investor, Nationality, and Shareholders
- Applicable Law
- Multilateral Investment Rules Revisited
- Interactions Between Investment and Non-investment Obligations
- Trade and Investment
- Admission and Establishment
- Standards of Treatment
- Coverage of Taxation Under Modern Investment Treaties
- Most-Favoured-Nation Treatment
- Emergency Exceptions: State of Necessity and Force Majeure
- Investment Insurance
- State Responsibility and Attribution
- Regulatory Transparency
- Corporate Social Responsibility
- Methods of Dispute Resolution
- Procedural Transparency
- Independence, Impartiality, and Duty of Disclosure of Arbitrators.
- Consent to Arbitration
- Jurisdiction and Admissibility
- The Jurisdictional Threshold of a Prima-Facie Case
- The Relationship between International Tribunals and Domestic Courts
- Parallel Proceedings
- Compensation, Damages, and Valuation
- Review of Awards
- An Appellate System in International Investment Arbitration?
- Compliance and Enforcement
- A Doctrine of Precedent?
- Tribunal's Powers versus Party Autonomy
Abstract and Keywords
The goal of this article is to revisit the principal developments of investment insurance at both national and international level and to describe the evolution of the concept. It intends to look at the development of guarantees for investment from an historical perspective and then see how insurance mechanisms have evolved from purely national protection to an international protection system. It illustrates the concrete application of such mechanisms through a recent case involving foreign investors and different national guarantee systems. It focuses on two national mechanisms: the US Overseas Private Investment Corporation and the Swiss Investment Risk Guarantee Agency and then discusses a regional instrument, the Inter-Arab Investment Guarantee Corporation. Finally, this article is devoted to the World Bank's Multilateral Investment Guarantee Agency (MIGA), one of the most important initiatives in the domain of international investment.
Andreas R. Ziegler is Professor, Faculty of Law and Criminal Sciences, University of Lausanne.
Louis-Philippe Gratton, Teaching and Research Assistant, University of Lausanne; PhD Candidate, Université Toulouse-Sciences Sociales, France.
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