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Informationen zum Autor Surya P Subedi KC is Professor of International Law at the University of Leeds, Member of the Institut de Droit International, former UN Special Rapporteur for Human Rights in Cambodia, Visiting Faculty Member on the International Human Rights Law Programme at the University of Oxford, and Practising Barrister at Three Stone Chambers, London, UK. Zusammenfassung ‘...This book […] goes beyond stating what the law is and focuses on controversies occurring within this area of the law... an excellent introduction to this complex area of international law for newcomers to the subject’ Kate Miles, Australian International Law Journal The updated edition of this acclaimed book offers a critical overview of the law of foreign investment, incorporating a thorough analysis of the principles and standards of treatment available to foreign investors in international law. It is authoritative and multi-layered, offering an analysis of the key issues and an insightful assessment of recent trends in the case law, from both developed and developing country perspectives. A major feature of the book is that it deals with the tension between the law of foreign investment and other competing principles of international law. In doing so, it proposes ways of achieving a balance between these principles and the need to protect the legitimate rights and expectations of foreign investors on the one hand, and the need not to restrict unduly the right of host governments to implement their public policy on the other, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country.Many of the pioneering ideas that were advanced in the first edition of this book in 2008 have been taken up by governments and international organisations in their attempts to reform the investor-State dispute settlement mechanism and strike a balance between different competing principles in developing international investment law. Accordingly, this fourth edition captures the essence of the ongoing multiple reform processes -either planned or envisaged – currently underway. Inhaltsverzeichnis Introduction 1. International Investment Law in a Changing World Introduction A New Turn in International Investment Law Reform of the Investor-State Dispute Settlement Mechanism Public View on the Investor-State Dispute Settlement Mechanism Changing State Practice The Investor-State Dispute Settlement Mechanism at a Cross Roads The Impact of Change in State Practice Attempts to Reconcile Competing Principles The Inherent Weaknesses of International Investment Law Indications for the Future Conclusions 2. Evolution of International Investment Law Introduction The Early Years National Treatment versus International Minimum Standard The Era of Gunboat Diplomacy Diplomatic Protection and the Treatment of Aliens in International Law The Calvo Doctrine The Hull Formula Conclusion 3. International Efforts to Regulate Foreign Investment Introduction The Havana Charter of 1948 The UN Declaration on Permanent Sovereignty Over Natural Resources Attempts to Develop the Law Through the New International Economic Order The 1974 Charter of Economic Rights and Duties of States The UN Draft Code of Conduct for Transnational Corporations An Appraisal of the Eff orts Made in the UN The Role of the World Bank International Convention on the Settlement of Investment Disputes A ‘Silent Revolution’ in International Law? The Multilateral Investment Guarantee Agency The 1992 Guidelines of the World Bank The WTO Agreements and Foreign Investment The OECD Guidelines and the Multilateral Agreement on Investment The 2011 OECD Guidelines The International Labour Organization’s Guidelines Other Voluntary Schemes An Inconclusive End to the Twentieth Century in Foreign Investment Regulation The Eff orts Made at th...
