...’ in the field of economics, (7) the question of the nature of investment, and (8) the interests involved in the definition of the concept of ‘investment’. Definition of investment Jurisdiction Damages BITs (Bilateral Investment Treaties) ICSID Additional Facility arbitration Arbitral tribunal 2.01...

... accepted; the fourth one enjoys only limited recognition. Definition of investment Investment, territorial element Control Indirect ownership Ownership BITs (Bilateral Investment Treaties) Territoriality 5.01 This chapter has a twofold object. Section II presents ‘traditional’ treaty...

..., thus producing an effect similar to the characteristics-requirements examined in Section III. Investment Debts BITs (Bilateral Investment Treaties) Arbitral tribunal 6.01 Over the past ten to fifteen years, a number of significant developments have occurred and/or gained momentum, both...

... future developments. Investment Interpretation of award Jurisdiction BITs (Bilateral Investment Treaties) Treaties, interpretation Arbitral tribunal 9.01 A significant majority of investment tribunals appear to adopt the ‘objective approach’, ie the view that the term ‘investment’ under Art 25...

...Definition of investment Investor Expropriation BITs (Bilateral Investment Treaties) Umbrella clause Choice of law Negotiations and consultation Recognition and enforcement Arbitral tribunals Remedies and costs Stability of contract terms is…the lurking presence at all exploration...

...International Centre for Settlement of Investment Disputes BITs (Bilateral Investment Treaties) UNCITRAL Arbitration Rules Umbrella clause NAFTA (North American Free Trade Agreement) ECT (Energy Charter Treaty) Most-favoured-nation treatment (MFN) Fair and equitable treatment standard...

...International Law Commission Vienna Convention on the Law of Treaties Treaties, invalidity, termination, suspension, withdrawal Customary international law Treaties, breach Pacta sunt servanda BITs (Bilateral Investment Treaties) Travaux préparatoires 1. A material breach of a bilateral...

...) BITs (Bilateral Investment Treaties) Investment treaties take a written form and usually, though not always, consist of a single instrument. ¹ For investment treaties to become a reality, however, and actually influence the behaviour of governments and investors, they must be interpreted...

... treaties and gives an overview of the various types of formulation used to define those terms. International Centre for Settlement of Investment Disputes BITs (Bilateral Investment Treaties) Treaties, scope (temporal and territorial) Arbitral tribunals Investment Investor Specialized treaty...

... of valuation techniques used to determine the amount of damages.due to injured investors. Treaty provisions BITs (Bilateral Investment Treaties) ECT (Energy Charter Treaty) Arbitral tribunals Customary international law This book began by defining international investment treaties as ‘instruments...

...International Law Commission Peace treaties Vienna Convention on the Law of Treaties Treaties, amendments and modification Customary international law Object & purpose (treaty interpretation and) UN Charter BITs (Bilateral Investment Treaties) Treaties, invalidity, termination...

... of investment NAFTA (North American Free Trade Agreement) BITs (Bilateral Investment Treaties) This chapter deals with the last year of the 1980s and all of the subsequent decade. Though mostly placid for ICSID, the period was one of momentous change elsewhere in the World Bank Group and, of course...

...; and breach and annulment of state contracts. Responsibility of individuals Diplomatic protection Nationality of individuals Aliens, treatment BITs (Bilateral Investment Treaties) The legal consequences of belonging to a political community with a territorial base have not changed a great deal since...

... in ways that are mutually reinforcing. BITs (Bilateral Investment Treaties) 4.01 Part II of this work considers the function of the principle of systemic integration in international law’s legislative process: the creation of treaties. Chapter 4 examines the evidence for systemic integration...

... it acted under the retrospective BIT aspect of the Claims Settlement Declaration. International Tribunal for the Law of the Sea International Centre for Settlement of Investment Disputes Claims NAFTA (North American Free Trade Agreement) BITs (Bilateral Investment Treaties) If I were approached...

...) BITs (Bilateral Investment Treaties) As a result of the perceived deficiencies of the customary international law applicable to foreign investments discussed in the preceding chapter, international investors in the mid-twentieth century had no assurance that investment arrangements and contracts made...

...Full protection and security Fair and equitable treatment standard International minimum standard Most-favoured-nation treatment (MFN) Investor NAFTA (North American Free Trade Agreement) BITs (Bilateral Investment Treaties) Customary international law Standards of treatment National...

...European Union Investor Investment ‘in accordance with host state law’ Investment ECT (Energy Charter Treaty) International monetary law BITs (Bilateral Investment Treaties) The ability of a foreign investor to make international monetary payments freely both into and out of a host country...