Book contents
- Frontmatter
- Contents
- Preface to the second edition
- Preface to the first edition
- Table of cases
- List of abbreviations
- 1 Introduction
- 2 The shaping factors
- 3 Controls by the host state
- 4 The liability of multinational corporations and home state measures
- 5 Bilateral investment treaties
- 6 Multilateral instruments on foreign investment
- 7 Causes of action: breaches of treatment standards
- 8 The taking of foreign property
- 9 Takings in violation of foreign investment agreements
- 10 Compensation for nationalisation of foreign investments
- Bibliography
- Index
1 - Introduction
- Frontmatter
- Contents
- Preface to the second edition
- Preface to the first edition
- Table of cases
- List of abbreviations
- 1 Introduction
- 2 The shaping factors
- 3 Controls by the host state
- 4 The liability of multinational corporations and home state measures
- 5 Bilateral investment treaties
- 6 Multilateral instruments on foreign investment
- 7 Causes of action: breaches of treatment standards
- 8 The taking of foreign property
- 9 Takings in violation of foreign investment agreements
- 10 Compensation for nationalisation of foreign investments
- Bibliography
- Index
Summary
Few areas of international law excite as much controversy as the law relating to foreign investment. Such controversy resulted from the law on the subject being the focus of conflict between several forces released at the conclusion of the Second World War. The cyclical nature of the ebbs and flows of the controversy is evident. The ending of colonialism released forces of nationalism. Once freed from the shackles of the colonialism, the newly independent states agitated not only for the ending of the economic dominance of the former colonial powers within their states but also for a world order which would permit them more scope for the ordering of their own economies and access to world markets. The cold war between the then superpowers made the law a battleground for ideological conflicts. The non-aligned movement, which arose in response to this rivalry, exerted pressure to ensure that each newly independent state had complete control over its economy. One avenue for the exertion of such pressure by the non-aligned movement was the formulation of new doctrines through the use of the numerical strength of its members in the General Assembly of the United Nations. Several resolutions were enacted asserting the doctrine of permanent sovereignty over natural resources and calling for the establishment of a New International Economic Order, the aim of which was to ensure fairness in trade to developing countries as well as control over the process of foreign investment. The oil crisis in the 1970s illustrated both the power as well as the weakness of the states which possessed natural resources.
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- Information
- The International Law on Foreign Investment , pp. 1 - 33Publisher: Cambridge University PressPrint publication year: 2004