(Source: Cambridge University Press)
Cambridge University Press has published a book
on the history of the law of state responsibility for breaches of investment
contracts.
ABOUT THE BOOK
There is a wealth of material that shapes the
law of State responsibility for breaches of investment contracts. First
impressions of an unsettled or uncertain law have thus far gone unchallenged.
But unchallenged first impressions point to the need for a detailed study that
investigates and analyses the sources, the content, the characteristics, and
the evolution of this law. The argument at the heart of this monograph is that
the law of state responsibility for breaches of investment contracts has carved
a unique and distinct trajectory from the traditional route for the creation of
international law, developing principally from arbitral awards, and mimicking,
to a considerable extent, the general international law on the protection of
aliens and alien property. This book unveils the remarkable journey of the law
of state responsibility for breaches of investment contracts, from its origins,
to its formation, to its arrival at the cusp of maturity.
Carves out the special law on investment
contract protection from the general law of state responsibility, enabling
participants and observers of international investment law to apply a bespoke
body of rules to contractual disputes between foreign investors and host states
Explores unknown origins of contractual
protection in international law through original archival research, showing how
history exerts an important influence on the modern practice of investment
contract protection
Discusses the future of investment contract
protection from legal and political developments providing alternative
perspectives on the legitimacy and longevity of international investment law
ABOUT THE AUTHOR
Jean Ho,
National University of Singapore
Jean Ho,
FCIArb, is Assistant Professor of Law at the National University of Singapore,
where she lectures and supervises on diverse aspects of international
investment law. Prior to academia, Dr Ho practiced in investor-state dispute
settlement. She is a Member of the Investment Treaty Forum of the British
Institute of International and Comparative Law, and an Expert on the UNIDROIT
Working Group on Land Agricultural Investment Contracts. Dr Ho is also a
co-author of International Investment Law and Arbitration: Commentary, Awards
and Other Materials (Cambridge, 2018).
TABLE OF CONTENTS
1. Power
and principle in the origins of contractual protection
2. Arbitral
awards and the generation of international law
3. State
responsibility and the core standard of treatment
4. State
responsibility and expropriation
5. State
responsibility and internationalisation
6. The
emerging international law on investment contract protection
7. The
future of international investment contract claims.
More
information
here
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