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This book charts the origins and development of investment protection provisions in foreign investment treaties. Federico Ortino argues that these provisions revolve around three key concepts: legal stability, investment's value, and reasonableness.
List of contents
- Introduction
- 1: Guarantees of legal stability in the strict sense
- 2: Protecting the value of investments: the expropriation provision
- 3: Ensuring reasonableness in the conduct of host states
- Conclusion
About the author
Federico Ortino is Reader of International Economic Law at King's College London and a Consultant to Clifford Chance, specialising in international trade and investment law. He is a member of the ILA Committee on The Rule of Law and International Investment Law; member of the Executive Council (and former co-treasurer) of the Society of International Economic Law; member of the E15 Task Force on Investment Policy; and consultative member of the Investment Treaty Forum.
Summary
This book charts the origins and development of investment protection provisions in foreign investment treaties. Federico Ortino argues that these provisions revolve around three key concepts: legal stability, investment's value, and reasonableness.
Additional text
[B]y scrutinizing each case in its chronological and factual context, the author has done a fine job in illustrating the intricate differences between the stances taken by tribunals ... With his careful examination of recent invest treaty practice, the author has found several ways by which drafters can effectively curtail uncertainties surrounding certain terms in the BIT. It is safe to conclude that the book is a valuable contribution that would benefit treaty drafters and scholars alike. As this book provides concise factual background and detailed analysis of the legal arguments made by each tribunal, it can also assist practitioners in finding favourable cases and spotting unfavourable ones.
