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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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.
• 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
• Holmes and Brown, The International Arbitration Act 1974: A Commentary, 2nd edition, 2015
• Mo, International Commercial Law, 6th edition, 2015
Table of contents
- 1. Introduction
- Provisions Defining Scope and Application of the Treaty
- 2. Provisions Defining Scope and Application of the Treaty
- Key Standards of Treatment
- 3. Expropriation
- 4. Fair and Equitable Treatment
- 5. Protection and Security
- 6. National Treatment
- 7. Most Favoured Nation Treatment
- 8. Arbitrary, discriminatory or unreasonable impairment
- 9. Umbrella Clauses
- 10. Free Transfer of Funds
- Dispute Settlement
- 11. Disputes between Contracting States to an Investment Treaty
- 12. Disputes between a Foreign Investor and the Host State
- 13. Compensation, Damages and other Remedies in Investor-State Disputes
- 14. Annulment, Set-Aside and Enforcement of Investor-State Arbitral Awards
- 15. Conclusion
- 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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