Description
Oxford Expropriation in Investment Treaty Arbitration 2019 Edition by Dr Johanne M. Cox
In recent years, there has been a marked increase in the number of investors seeking compensation from states perceived to have expropriated their projects. Part of the Oxford International Arbitration Series, this work provides a comprehensive guide to expropriation and how it is applied in practice.The author offers a detailed examination of existing case law, from which common substantive principles of the international law on expropriation are drawn out. Relevant international cases from the ICJ, ECHR, and Iran-US Tribunal are considered to complement the focus on investment treaty arbitration and ICSID, UNCITRAL, NAFTA and ECT cases. The book examines the interplay between expropriation and other standards of treaty protection, such as fair and equitable treatment, as well as remediesfor expropriation. The reader embarks on a thorough examination of expropriation in investment treaty arbitration, from its evolution into an accepted principle in international law today, through to current trends and a critical assessment of the relevance of expropriation in the present day.Expropriation in Investment Treaty Arbitration is a useful, systematic analysis of a topic that is of vital importance in arbitration practice, a key resource for all practitioners in this field. Table of contents : - Part I: The Concept of Expropriation1: Overview2: Applicable law3: Rights and interests protected under investment treaties4: The concept of expropriation in investment treaty arbitrationPart II: The Test for Expropriation5: The test for expropriation6: Creeping expropriation7: Regulatory expropriation8: Contractual expropriation9: Judicial expropriation10: Exploration & other treaty standardsPart III: Remedies11: Remedies in customary international law12: The standard of compensation13: Methods of valuation14: InterestPart IV: Concluding Remarks15: Concluding remarks