... processes. Host state law Calvo clause Choice of law Investor Nationality of investor Sovereignty Immunity from jurisdiction, states Act of state doctrine Diplomatic immunity Investment is by definition a risky enterprise, and foreign investment particularly so. History is replete with government...

... and conclusions of treaty bodies), to international and national jurisprudence. This approach lends strength to the ILC work. Relationship of international law & host state law Peremptory norms / ius cogens * This chapter draws upon materials published in: Dinah Shelton, ‘Sherlock Holmes and the mystery...

...International Labour Organization Organisation for Economic Co-operation and Development Settlement of employment disputes International labour law Freedom of association Right to just and favourable conditions of work Right to health Host state law This chapter deals with the development...

... or impartiality of an arbitrator. ^{19 18} Model Law, Art. 11. ¹⁹ Ibid., Art. 13(3). Host state law Relationship of international law & host state law Recognition and enforcement Parallel proceedings Place of arbitration This chapter examines the role that national...

... specific powers, such as the right to exercise police powers for the purpose of maintaining (internal) order and discipline. Detention Military assistance Host state law Relationship of international law & host state law Military matters Peace keeping When based on a Status-of-Forces Agreement...

... procedures for the settlement of disputes. The chapter then considers multilateral investment treaties and free trade agreements with investment chapters as well as the role of national investment legislation. Investment ‘in accordance with host state law’ Investor Full protection and security 3.01...

... also plays a major role in investment arbitration. Investment treaties are the main instruments by which states expressly consent to arbitrate and to grant substantive protections to foreign investors. Meanwhile, host state law manifests itself at several levels particularly where the parties...

... of concern by UNCITRAL Working Group III’s work on the reform of the ISDS. Expropriation Investment ‘in accordance with host state law’ Investor Most-favoured-nation treatment (MFN) Fair and equitable treatment standard Full protection and security National treatment Standards of treatment Umbrella...

... such as national security. They may also limit the outward transfer of funds through currency control measures to safeguard balance of payments, particularly in difficult financial times. Foreign Direct Investment Investment ‘in accordance with host state law’ Investor 20.01 Foreign investors expect free...

... capital and technology. Law of treaties BITs (Bilateral Investment Treaties) International economic law Standards of treatment Investment ‘in accordance with host state law’ Specialized treaty frameworks The most common technique to grant a right of admission is to rely on the standard of national...

...Jurisdiction Foreign relations law Act of state Non-justiciability Choice of law Relationship of international law & host state law international law inherently concerns foreign affairs. As a result, to understand the role of international law in the U.S. legal system...

... and attract potentially profitable business. Specialist areas continue to grow in line with the success of international arbitration as a method of neutral international dispute resolution. International investment law Choice of law Relationship of international law & host state law Arbitral tribunals...

... of the investment treaty regime. Foreign Direct Investment Definition of investment Investment ‘in accordance with host state law’ Specialized treaty frameworks Treaties, interpretation Treaty provisions This chapter examines two foundational questions relating to foreign investment: why firms engage...

... Investment Customary international law Host state law This chapter examines under what circumstances intellectual property (IP) rights constitute a covered investment entitled to protection under international investment law. It addresses the pivotal role played by the domestic IP law of the host state...

...), or (judicial) expropriation. Another important determinant for the future of investment protection for IP rights is the existence of alternative avenues for taking action against host state interventions involving intellectual property rights. Intellectual property International investment law Host state law...

.... Corporations Responsibility of non-state actors Investment ‘in accordance with host state law’ Regional trade Responsibility of international organizations The preceding chapters focused on the reasons for multinational enterprise (MNE) growth...