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  3. Substantive Protection under Investment Treaties
  • Cited by 45
Publisher:
Cambridge University Press
Online publication date:
September 2014
Print publication year:
2014
Online ISBN:
9781107326361
DOI:
https://doi.org/10.1017/CBO9781107326361
Subjects:
Public International Law, Law, International Trade Law, International Relations and International Organisations
Series:
Cambridge Studies in International and Comparative Law (110)
Information

Book description

Substantive Protection under Investment Treaties provides the first systematic analysis of the consequences of the substantive protections that investment treaties provide to foreign investors. It proposes a new framework for identifying and evaluating the costs and benefits of differing levels of investment treaty protection, and uses this framework to evaluate the levels of protection for foreign investors implied by different interpretations of the fair and equitable treatment and indirect expropriation provisions of investment treaties. The author examines the arguments and assumptions of both supporters and critics of investment treaties, seeks to test whether they are coherent and borne out by evidence, and concludes that the 'economic' justifications for investment treaty protections are much weaker than is generally assumed. As such, the 'economic' objectives of investment treaties are not necessarily in tension with other 'non-economic' objectives. These findings have important implications for the drafting and interpretation of investment treaties.

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