Jeswald W. Salacuse - Böcker

International investments are governed by three different legal frameworks: 1) national laws of both the host country and the investor's home country; 2) contracts, whether between the investor and the host country or among investors and their associates; and 3) international law, consisting of applicable treaties, customs, and general principles of law. Together, these three frameworks profoundly influence the organization, operation, and protection of foreign investments. Investors, government officials, and their legal counsel must therefore understand the complex interaction among these frameworks and how best to employ them to advance their interests.This book examines the content of each of these three legal frameworks for international investment and explores how they influence the foreign investment process and the nature of investment transactions, projects, and enterprises. The book is divided into five parts. Part I, after explaining the contemporary nature and significance of international investment, examines the theoretical and practical links between law and the investment process. Part II explores the nature of national laws regulating foreign investment. Part III considers of the various contractual frameworks for international investments, looking at their negotiation, content, and stability. Part IV sets out the international legal framework governing foreign investment, focusing on the content and nature of investment treaties and on general principles. Finally, Part V discusses how the three legal frameworks interact with each other. By comprehensively examining each of the applicable legal frameworks, this book provides a vital overview of the laws, rules, and regulations governing foreign investment for lawyers, scholars, students, and government officials.

Investment treaties grant special international protection to foreign investors, and give them a means to enforce those rights against States in which they have invested. This book systematically examines the law of international investment treaties, particularly with respect to its origins, structure, content, and effects. Although the precise provisions of investment treaties are not uniform, virtually all investment treaties address the same issues. This book examines those issues in detail, including the scope of application, conditions for the entry of foreign investment, and general standards of treatment of foreign investments.Investment treaty law has continued to evolve rapidly and dramatically since publication of the second edition of this work in 2015. The field has seen considerable growth in the number and scope of investment treaties, now estimated at 3300, and investor-state arbitrations cases, which reached over 1000 in 2020. The field has also experienced significant changes and reforms. In 2018, eleven Pacific Basin Countries, despite the withdrawal of the United States, forged ahead to conclude the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTTP), a potentially far reaching regional trade and investment agreement. The next year, the three north American nations replaced the North American Free Trade Agreement (NAFTA) with the United States-Mexico-Canada Agreement (USMCA). And in 2020, European Union member states terminated over 100 intra-EU BITs, leaving intra-EU investors to rely on EU law and legal processes alone for protection from unfavourable government acts. This edition of The Law of Investment Treaties incorporates a consideration of all of these and other reforms into its analysis of the body of law created by investment treaties since World War II.

International investments are governed by three different legal frameworks: 1) national laws of both the host country and the investor's home country; 2) contracts, whether between the investor and the host country or among investors and their associates; and 3) international law, consisting of applicable treaties, customs, and general principles of law. Together, these three frameworks profoundly influence the organization, operation, and protection of foreign investments. Investors, government officials, and their legal counsel must therefore understand the complex interaction among these frameworks and how best to employ them to advance their interests.This book examines the content of each of these three legal frameworks for international investment and explores how they influence the foreign investment process and the nature of investment transactions, projects, and enterprises. The book is divided into five parts. Part I, after explaining the contemporary nature and significance of international investment, examines the theoretical and practical links between law and the investment process. Part II explores the nature of national laws regulating foreign investment. Part III considers of the various contractual frameworks for international investments, looking at their negotiation, content, and stability. Part IV sets out the international legal framework governing foreign investment, focusing on the content and nature of investment treaties and on general principles. Finally, Part V discusses how the three legal frameworks interact with each other. By comprehensively examining each of the applicable legal frameworks, this book provides a vital overview of the laws, rules, and regulations governing foreign investment for lawyers, scholars, students, and government officials. Three different legal frameworks are applicable to foreign investment: the laws of the host state and the investor's home country, the contract between the host state and the investor, and the rules and principles of international investment law. These three bodies of law interact with each other and must be analysed together when interpreting an investment agreement or arbitrating a dispute. This book examines the content of each of these three legal frameworks and explores how they influence the flow of foreign investment.The book is divided into five parts. Part I, after explaining the contemporary nature and significance of international investment, examines the theoretical and practical links between law and the investment process. Part II explores the nature of national laws regulating foreign investment. Part III explores the nature of the contractual framework for international investments, looking at their negotiation, content, and stability. Part IV sets out the international legal framework governing foreign investment, focusing on the content and nature of bilateral investment treaties and on general principles. Finally, Part V considers how the three legal frameworks interact with each other. By comprehensively examining each of the applicable legal frameworks, this book provides a vital overview of the laws, rules, and regulations governing foreign investment for lawyers, scholars, students, and government officials working in the field.

Salacuse presents a seven-point, comprehensive system to guide all professionals, from lawyers and consulting engineers to management consultants and financial planners, in the process of wisely and effectively advising their clients.Giving advice is an essential task in all professions. Doctors, lawyers, management consultants, financial planners, consulting engineers, and accountants are called on every day to give wise advise to their clients on what they should do. Some professionals carry out this task well; others do it poorly. The ability of a doctor, lawyer, management consultant, or financial planner to help another person with a problem depends as much on a command of the process of giving advice as on an understanding of medicine, law, business, or finance.Salacuse presents a clear and workable method for understanding and carrying out the advising process. His system is based on basic principles that govern all advising, regardless of the profession or area of life in which the advisor works: Know the persons who will use the advice; help, or at least do no harm; recognize how advice matters and can have serious consequences; negotiate your role with the client; develop a partnership between advisor and client; tailor advice to the life, needs, and objectives of the client, and make that advice clear and constructive; keep advice pure of self-interest, prejudices, and personal shortcomings; and know when to stop. Drawing on examples and cases from virtually every profession, Salacuse shows how to apply these seven principles in a wide variety of advising situations. The Wise Advisor is an indispensable tool for any person who gives professional advice.

In the global business environment of 2003, an executive must have the skills and knowledge to navigate all stages of an international deal, from negotiations to managing the deal after it is signed. The aim of "The Global Negotiator" is to equip business executives with that exact knowledge. Whereas most books on negotiation end when the deal is made, Salacuse guides the reader from the first handshake with a potential foreign partner to the intricacies of making the international joint venture succeed and prosper, or should things go poorly, how to deal with getting out of a deal gone wrong. By illustrating the many ways in which an international deal may falter and the methods parties can use to save it by providing the necessary technical knowledge to structure specific business transactions, such as letters of credit and a variety of legal agreements and by exploring the tranformations to the international business landscape over the last decade "The Global Negotiator" should be a useful tool to the international business person.

This book examines the central role of negotiation in gaining, exercising, and retaining leadership within organizations, large and small, public and private. Its aim is to instruct readers on the way to use negotiation to lead effectively.For far too long conventional wisdom has proposed that strong leaders refuse to negotiate, viewing negotiation as a sign of weakness.  Leading people requires charisma, vision, and a commanding presence, not the tricks for making deals. For many executives, negotiation is a tool to use outside the organization to deal with customers, suppliers, and creditors. Inside the organization, it’s strictly “my way or the highway.” Salacuse explains that leaders can increase their effectiveness by using negotiation in each of the three phases of the leadership lifecycle: 1) leadership attainment, 2) leadership action; and 3) leadership preservation and loss. Drawing on experience in wide variety of settings, including the author’s ownleadership positions, the book will examine high profile leadership cases such as the rise and fall of Carly Fiorina at Hewlett-Packard, the skillful negotiations by Warren Buffet to save Salomon Brothers from extinction, and the successful efforts by the partners at Goldman Sachs to negotiate a new vision and direction for that financial giant.Leaders and managers should pick up this book to learn how effective negotiation is essential to both gaining and exercising leadership and to overcoming threats to a leader’s position.