Damages in International Investment Law

כריכה קדמית
BIICL, 2008 - 561 עמודים
The past two decades have seen a rising wave of investor-State arbitrations, which pose important questions in international law. This book addresses one of the least understood and most unpredictable areas in that field - the assessment of damages. The book is a result of a two-year research project carried out at the British Institute of International and Comparative Law, and it is the first to examine the subject in a systematic, comprehensive, and detailed manner. Damages in International Investment Law offers a much-needed, balanced assessment of the complicated and controversial issues arising in relation to compensation awards, putting special emphasis on the interpretation and application of international rules on damages by arbitral tribunals. In addition to careful analyses of the most recent investment treaty case law, other relevant practice - both international and national - is reviewed. Thorough, well-organized, and supplemented by analytical annexes, the book will be a valuable reference tool for legal professionals and a practical aide for constructing and resolving damages claims in investment arbitrations.
 

תוכן

Foreign Investment
3
Sources of International Law on Damages
19
Compensation in the System of Remedies
49
General Approach to Compensation by Cause of Action
63
Crosscutting Issues
111
Investment Valuation
181
Tribunals
237
Heads of Damages
261
Interest
361
Currency and Taxation Issues
393
Analytical Table of InvestorState Cases 19632007
405
Analytical Table of InvestorState Cases 19632007
406
Analytical Table of Selected IranUS Claims Tribunal
436
Selected Pre1950 Cases various international courts
486
Expropriation Provisions in Investment Treaties
507
Index
541

Limitations on Compensation
313

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