Principles of International Investment Law

Rudolf Dolzer (1944-2020) was Professor Emeritus at the University of BonnUrsula Kriebaum is Professor of Law at the University of ViennaChristoph Schreuer is Of Counsel at Zeiler Floyd Zadkovich and Professor Emeritus at the University of Vienna

Review from previous edition This book is an exceptional guide for practitioners and students alike and an essential reference tool for investment arbitration cases.

• I. History, Sources, and Nature of International Investment Law 1: The history of international investment law 2: The sources of international investment law 3: The nature of international investment law II. Interpretation and Intertemporal Application of Investment Treaties 1: The interpretation of investment treaties 2: The application of investment treaties in time III. Investor 1: Private foreign investors 2: Nationality of individuals 3: Nationality of corporations 4: A local company as a foreign investor 5: Nationality planning 6: Denial of benefits 7: An active investor? IV. Investment 1: Terminology and concept 2: Definitions of investment 3: A general concept of investment? 4: Types of investments 5: The unity of an investment 6: The origin of the investment 7: Investments in the host State's territory 8: Investments in accordance with host State law 9: Indirect investments V. Investment Contracts 1: Types of investment contracts 2: Applicable law 3: Dispute settlement 4: Stabilization clauses 5: Renegotiation and adaptation VI. Admission and Establishment 1: The right to control admission and establishment 2: The move towards economic liberalism 3: Investment promotion 4: The right to admission and the right of establishment 5: Treaty models of admission 6: Performance requirements 7: The inception of an investment VII. Expropriation 1: The object of an expropriation 2: Expropriation as an act of government 3: Indirect expropriation 4: The legality of the expropriation VIII. Standards of Protection 1: Fair and equitable treatment 2: Full protection and security 3: Arbitrary or discriminatory measures 4: National treatment 5: Most-favoured-nation treatment 6: The umbrella clause 7: Effective means 8: Transfer of funds IX. Emergency Situations and Armed Conflicts 1: Competing policies 2: Effects of violence under traditional international law 3: The ILC Articles on state responsibility 4: Treaty law X. Attribution 1: Sources and principles 2: Organs, provinces, and municipalities 3: Exercise of governmental authority 4: Instruction, direction, or control XI. Political Risk Insurance 1: History and purpose 2: Different types of insurance 3: Subrogation 4: Risks covered XII. Settling Investment Disputes 1: State-to-State disputes 2: The limited usefulness of domestic courts 3: Settlement of Investor-State disputes by arbitration and conciliation 4: Arbitration institutions and regimes 5: Investment disputes 6: The parties to investment disputes 7: Consent to investment arbitration 8: Conditions for the institution of proceedings 9: MFN clauses and dispute settlement 10: Treaty claims and contract claims 11: Procedure 12: Applicable law 13: Remedies 14: Costs 15: Review of awards 16: Enforcement of awards