A Practical Guide to Investment Treaties – Asia Pacific

A Practical Guide to Investment Treaties—Asia Pacific provides the reader with an understanding of the essentials of international investment law, as affected by a bilateral or multilateral investment treaty.

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ISBN/ISSN: 9780409340709

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Product description

In this complex area of law a concise and practical guide has been missing - until now. A Practical Guide to Investment Treaties – Asia Pacific offers an explication of the core principles of international investment law, as affected by a bilateral or a multilateral investment treaty. Containing an analysis of the key protections in over 500 treaties involving States from the Asia-Pacific region, this text provides an introduction to the structure, content, and application of those treaties, with a focus on the experiences and future of this field in the region. The key protections afforded by investment treaties and the means by which those protections can be enforced are set out in a concise and accessible manner.

Features

  • Overview and introduction to key topics for understanding international investment treaties
  • Flowcharts enabling easier comprehension of complex concepts
  • Analysis of over 500 treaties
  • Practice precedents and online resources

Related Titles

Holmes and Brown, The International Arbitration Act 1974: A Commentary, 2nd edition, 2015
Mo, International Commercial Law, 6th edition, 2015

 

Featured Authors

Baxter Roberts LLB (Hons) (W.Aust)
Michael Feutrill LLM (Dist.) LLB BEc (W.Aust)
Kanaga Dharmananda SC LLB (Hons) (W.Aust), BCL (Oxon), LLM (Harv)

Baxter Roberts LLB (Hons) (W.Aust)

Baxter Roberts LLB (Hons) (W.Aust) is an associate in the International Arbitration Group of Freshfields Bruckhaus Deringer LLP, based in Paris. He advises investors and States in disputes under investment treaties, as well as corporate clients in international commercial arbitrations (PCERA).

View all books by Baxter Roberts LLB (Hons) (W.Aust) (1)

Michael Feutrill LLM (Dist.) LLB BEc (W.Aust)

Michael Feutrill LLM (Dist.) LLB BEc (W.Aust) is a barrister at Francis Burt Chambers and Fellow at the Law Faculty at UWA, where he co-teaches International Commercial Arbitration and International Investment in Mineral Resources. He has worked in the International Arbitration Group of Freshfields Bruckhaus Deringer LLP, in Paris and is a founding director of the Perth Centre for Energy and Resources Arbitration (PCERA).

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Kanaga Dharmananda SC LLB (Hons) (W.Aust), BCL (Oxon), LLM (Harv)

Kanaga Dharmananda SC LLB (Hons) (W.Aust), BCL (Oxon), LLM (Harv) practices at Francis Burt Chambers and at Fountain Court. A fellow at UWA Law School, teaching International Commercial Arbitration and International Investment in Mineral Resources he has previously worked at the United Nations, and with Mitsubishi Corporation in Tokyo. He is a founding director of PCERA.

View all books by Kanaga Dharmananda SC LLB (Hons) (W.Aust), BCL (Oxon), LLM (Harv) (1)

Table of contents


     
  1. Introduction

    2.  

 Provisions Defining Scope and Application of the Treaty
 

     
  1. Provisions Defining Scope and Application of the Treaty

    2.  

 Key Standards of Treatment
 

     
  1. Expropriation

    2.  
  2. Fair and Equitable Treatment

    3.  
  3. Protection and Security

    4.  
  4. National Treatment

    5.  
  5. Most Favoured Nation Treatment

    6.  
  6. Arbitrary, discriminatory or unreasonable impairment

    7.  
  7. Umbrella Clauses

    8.  
  8. Free Transfer of Funds

    9.  

 Dispute Settlement
 

     
  1. Disputes between Contracting States to an Investment Treaty

    2.  
  2. Disputes between a Foreign Investor and the Host State

    3.  
  3. Compensation, Damages and other Remedies in Investor-State Disputes

    4.  
  4. Annulment, Set-Aside and Enforcement of Investor-State Arbitral Awards

    5.  
  5. Conclusion

    6.  

 
Appendix 1 – overview of selected investment treaties in Asia-Pacific

 
Appendix 2 – list of publicly-known investor-State disputes based on a treaty involving parties from Asia-Pacific

 
Appendix 3 – list of publicly-known investor-State disputes based on a contract involving parties from Asia-Pacific

 
Appendix 4 – selected investment treaties

 
Appendix 5 – selected practice precedents
 

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