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International Investment Law: Reconciling Policy and Principle [Paperback]

Surya P Subedi

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Book Description

1 Aug 2012
This book offers an up-to-date, scholarly overview of the law of foreign investment, incorporating a thorough and succinct 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 unduly restrict the right of host governments to implement their public policy, including the protection of the environment and human rights, and the promotion of social and economic justice within the host country, on the other. Since the first edition was published a number of landmark decisions have been produced by various international investment tribunals, calling for an update in what is a fast growing and rapidly changing investment environment. In addition, scholars and other actors, both non-governmental and inter-governmental, have responded to the agenda set by the first edition of this book; thus the second edition also reflects on the work of some of these major actors in the field. This is perhaps the first book of its type authored by an international lawyer who has taught, researched and advised in both the developed and developing world over the past 25 years. The wealth of experience he brings to the task enables him to develop unique insights into the interplay between the law, economics and politics of foreign investment, making this book essential reading for students, scholars, practitioners and diplomats interested in the contemporary law of foreign investment.

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International Investment Law: Reconciling Policy and Principle + Principles of International Investment Law + The International Law on Foreign Investment
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Review

As a result of its immense detail and unique examination of themes in international investment law, AIA recommends Subedi's "International Investment Law: Reconciling Policy and Principal" as a thorough and engaging book. Adam Miller Association for International Arbitration Newsletter November 2013 Subedi offers an insightful account of the development of international investment law against the evolving backdrop of the customary rules and principles relevant to the treatment of aliens and their property. He aptly explores key issues being faced by the future development of this recently unfolding discipline. Alejandro Escobar Global Arbitration Review Volume 8, Issue 1 REVIEWS OF THE FIRST EDITION ...this book stands out from many of the others currently addressing the topic of international investment law - it goes beyond stating what the law is and focuses on controversies occurring within this area of the law...International Investment Law: Reconciling Policy and Principle does make a valuable contribution to the discourse on the implications of foreign investment protection rules for domestic policy space and on their interaction with principles from other areas of international law, such as human rights law or international environmental law. It will also serve as an excellent introduction to this complex area of international law for newcomers to the subject, whether legal scholars, policy-makers, or students. Kate Miles Australian International Law Journal 2009 ...a timely book. In a modest 244 pages, the author brings together a host of important substantive and procedural issues which beset the effective and balanced functioning of international law on foreign investment. Without denying the positive role of international law in advancing the protection of foreign investment, the author offers a vision of how the promotion of investment can be reconciled with competing policies. The extensive coverage of the book explains its dispensation with details of investment cases, which can be found elsewhere. With its focus, critical approach, brevity, and incisive argument, the book will provide an excellent source of reference for advanced students, academics, and practitioners. Mavluda Sattorova European Journal of International Law Vol 20, No 3 August 2009 This book presents a highly useful overview of the development and content of international investment law. The author traces the development of this field of law in a very readable style...this is a work that brings together and provides the reader with a complete view of the development of this field. International Business Law Review - Chronicle Sept-Dec 2008 In a modest 244 pages, the author brings together a host of important substantive and procedural issues which beset the effective and balanced functioning of international law on foreign investment...With its focus, critical approach, brevity and incisive argument, the book will provide an excellent source of reference for advanced students, academics and practitioners. Mevluda Sattorova University of Birmingham International and European Law Book Reviews Online June 09 International Investment Law: Reconciling Policy and Principle identifies and thoroughly describes the areas within the law requiring reconciliation. The book provides a comprehensive introduction to this subject, making it a worthwhile read for students. The analysis of treaties and jurisprudence is likely to be a useful resource for practitioners, and scholars familiar with this topic can benefit from the book's clear organization, insightful questions, and thoughtful discourse. Subedi should be commended for making principled arguments in favour of a balanced approach to foreign investment law. Brett Murray Journal of International Law and Politics Volume 42, Number 1 Subedi has succeeded in presenting a very up-to-date and concise account of not only the investment arbitral jurisprudence, but also developments in practice and initiatives by NGOs... Subedi has ... achieved his aim to present a balanced analysis. Kyla Tienhaara Banking and Finance Law Review Volume 25, Issue 2 The book could be the best introductory manual to international protection to investment law for the student knowledgeable in general international law. It is a great tool for those who want to do a deeper study and understand the current issues regarding some disciplines in this area of knowledge. I recommend the book; I believe that it is easy to read, it is complete, and it raises relevant topics for the reader's analysis. Diego Bernal Corredor Asian Journal of International Law Volume 1, Issue 1, January 2011

About the Author

Surya P Subedi, OBE, DPhil, FRSA, is Professor of International Law, University of Leeds, and a Barrister at Tanfield Chambers in London. He has been designated to serve on the Panels of Arbitrators and of Conciliators of ICSID and on the Panels of the Dispute Settlement Body of the WTO.

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