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E-raamat: Regionalism in International Investment Law [Oxford Scholarship Online e-raamatud]

(, Private practice), (, Professor, Faculty of Law, University of South Wales)
  • Formaat: 560 pages
  • Ilmumisaeg: 25-Apr-2013
  • Kirjastus: Oxford University Press Inc
  • ISBN-13: 9780195389005
  • Oxford Scholarship Online e-raamatud
  • Raamatu hind pole hetkel teada
  • Formaat: 560 pages
  • Ilmumisaeg: 25-Apr-2013
  • Kirjastus: Oxford University Press Inc
  • ISBN-13: 9780195389005
Regionalism in International Investment Law provides a multinational perspective on international investment law. In it, distinguished academics and practitioners provide a critical and comprehensive understanding of issues in a field which has grown exponentially in its importance particularly over the last decade, focusing on the European Union, Australia, North America, Asia, and China.

The book approaches the field of foreign direct investment from both academic and practical viewpoints and analyzes different bilateral, regional, and multinational agreements, often yielding competing perspectives. The academic perspective yields a strong conceptual foundation to often misunderstood elements of international investment law, while the practical perspective aids those actively pursuing foreign direct investment in better understanding the landscape, identifying potential conflicts which may arise, in more accurately assessing the risk underlying the issues in conflict and in resolving those issues.

Thorny issues relating to global commerce, sovereignty, regulation, expropriation, dispute resolution, and investor protections are covered, depicting how they have developed and are applied in different regions of the world. These different treatments ensure that readers are able grasp the subject matter at multiple levels and provide a comprehensive overview of developments in the field of foreign direct investment.
Acknowledgments vii
Notes on Editors and Contributors ix
Preface xiii
Introduction xvii
1 Foreign Direct Investment: An Overview
1(13)
Leon E. Trakman
Nicola W. Ranieri
2 Foreign Direct Investment: A Historical Perspective
14(13)
Leon E. Trakman
Nicola W. Ranieri
3 International Investment Law: Some Legal Cultural Insights
27(32)
Colin B. Picker
4 Bilateral Trade and Investment Agreements
59(29)
Leon E. Trakman
5 NAFTA: An Overview
88(32)
Nicola W. Ranieri
6 The Legal Framework for Foreign Investments in the EU: The EU: Internal Market Freedoms, the Destiny of Member States' BITs, and Future European Agreements on Protection of Foreign Investments
120(42)
Anna De Luca
7 The Effect of Survival and Withdrawal Clauses in Investment Treaties: Protection of Investments in Latin America
162(20)
Gisela Bolivar
8 ASEAN: The Liberalization of Investment through Regional Agreements
182(32)
Vivienne Bath
9 China and International Investment Law
214(39)
Wenhua Shan
10 The ICSID and Investor-State Arbitration
253(61)
Leon E. Trakman
11 The Law of Indirect Expropriation and the Iran-United States Claims Tribunal's Role in its Development
314(30)
Romesh Weeramantry
12 Australia's Rejection of Investor-State Arbitration: A Sign of Global Change
344(30)
Leon E. Trakman
13 The Relation of the European Union and Its Member States in Investor-State Arbitration
374(26)
Stephan W. Schill
14 Investors' Rights, Legal Concepts, and Public Policy in the NAFTA Context
400(52)
Nicola W. Ranieri
15 Consumer Product Safety Regulation and Investor-State Arbitration Policy and Practice after Philip Morris Asia v. Australia
452(23)
Luke Nottage
16 The Case against a Regime on International Investment Law
475(24)
Muthucumaraswamy Somarajah
Appendix: A Polemic: The Cases for and Against Investment Liberalization 499(16)
Leon E. Trakman
Index 515
Leon Trakman is Professor of Law and Immediate Past Dean, Faculty of Law, University of New South Wales. He has been appointed distinguished or visiting professor at the University of California, Davis; University of Wisconsin; McGill University; Tulane; and University of Cape Town. He has been awarded a Bora Laskin National Fellowship and a Killam Senior Fellowship, both in Canada. Professor Trakman is the author and editor of 8 books and over 100 articles on international commercial arbitration and international trade and investment law.

As an international commercial arbitrator and mediator, Professor Trakman has served extensively as an inter-governmental trade adjudicator. He was appointed by US, Canadian and Mexican Governments under North American Free Trade Agreement (NAFTA) and before then, under the US-Canada Free Trade Agreement. Professor Trakman is a barrister in New South Wales, Australia, a barrister and solicitor in Nova Scotia, Canada and an advocate in South Africa.

Nick Ranieri is in private practice, consulting clients on NAFTA related issues. He obtained his doctorate from the Tulane School of Law and is admitted to the Bars of Ontario and New York, as well as other bars in the United States. He was the Director of the Centro Juridico Para el Comercio Inter-Americana in Monterrey, Mexico and has served as a Panelist under the NAFTA Chapter 19 panel process dealing antidumping and subsidies matters. His professional experience has included counseling state entities on the creation of free trade zones as well as counseling private entities on issues dealing with foreign investment and expropriation. He has written on subjects relating to international trade and investment and has lectured at the ITESM School of Law. He was a founding member of the NAFTA Consortium on Legal Education and served on various alternative dispute resolution bodies throughout North America.