- 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 <i>Force Majeure</i>
- 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
This article studies the international law relating to foreign investment. The regulation of relations between states and foreign investors may be said to have begun with the development, by the major powers, of international norms relating to the treatment of aliens and their property, including expropriation, in the first half of the twentieth century. This article delves into the details of the policy environment within which contemporary norms are evolving. This is done, first, by considering the principal actors in the foreign direct investment process and their policy priorities. Secondly, the current ideological background to international foreign investment law is more closely examined. Thirdly, the more technical aspects of international investment law are analysed from a policy perspective. Three main issue areas arise here: influence of policy factors on the sources of international investment law; the types of substantive standards that will evolve; and how the standards are to be enforced.
Peter Muchlinski is Professor of International Commercial Law, School of Oriental and African Studies, London.
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