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Alternative Visions of the International Law on Foreign Investment : Essays in Honour of Muthucumaraswamy Sornarajah [electronic resource] / by Cambridge University Press.

Material type: TextTextLanguage: English Publication details: Cambridge : Cambridge University Press, 2016.Description: 1 online resource (494 p.)ISBN:
  • 9781316488317 (ebook) :
Subject(s): DDC classification:
  • 346.092
Online resources: Summary: "This book is about the forces that are reshaping the international law on foreign investment today. It begins by explaining the liberal origins of contemporary investment treaties before addressing a current backlash against these treaties and the device of investment arbitration. The book describes a long-standing legal-intellectual resistance to a neo-liberal global economic agenda, and how tribunals have interpreted various treaty standards instead. It introduces our reader to the changes now taking place in the design of a range of familiar treaty clauses, and it describes how some of these changes are now driven not only by developing and emerging economies but also by the capital-exporting nations. Finally, it explores the life, career and writings of Muthucumaraswamy Sornarajah, a scholar whose work has been dedicated to the realisation of many of these changes, and his views about the hold global capital has over legal practice."
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Table of contents:
Chapter 1. The worm's view of history and the twailing machine
Chapter 2. The liberal vision of the international law on foreign investment by
Chapter 3. Caveat investors : where do things stand now?
Chapter 4. Reforming the system of international investment dispute settlement
Chapter 5. The paranoid style of investment lawyers and arbitrators : investment law norm entrepreneurs and their critics
Chapter 6. The COMESA common investment area : substantive standards and procedural problems in dispute settlement
Chapter 7. Lessons from the negotiations of the United Nations Code of Conduct on transnational corporations and related instruments
Chapter 8. India and investment protection
Chapter 9. China : US BIT megotiation and the emerging Chinese BIT 4.0
Chapter 10. Regulating foreign investment : Methanex revisited
Chapter 11. The new frontier : economic rights of foreign investors versus government policy space for economic development
Chapter 12. Giving arbitrators carte blanche : fair and equitable treatment in inveswtment treaties
Chapter 13. Is the umbrella clause not just another treaty clause?
Chapter 14. Internationalisation and state contracts : are state contracts the future or the past?
Chapter 15. State capitalism and sovereign wealth funds : finding a "soft" location in international economic law
Chapter 16. The many-headed hydra and laws that rage of gain, a chapter in conclusion

Includes index.

"This book is about the forces that are reshaping the international law on foreign investment today. It begins by explaining the liberal origins of contemporary investment treaties before addressing a current backlash against these treaties and the device of investment arbitration. The book describes a long-standing legal-intellectual resistance to a neo-liberal global economic agenda, and how tribunals have interpreted various treaty standards instead. It introduces our reader to the changes now taking place in the design of a range of familiar treaty clauses, and it describes how some of these changes are now driven not only by developing and emerging economies but also by the capital-exporting nations. Finally, it explores the life, career and writings of Muthucumaraswamy Sornarajah, a scholar whose work has been dedicated to the realisation of many of these changes, and his views about the hold global capital has over legal practice."

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