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| Foreword to the Second Edition | |
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| Table of Cases | |
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| Table of Treaties, Conventions, Resolutions, and Rules | |
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| List of Abbreviations | |
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| History, Sources, and Nature of International Investment Law | |
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| The history of international investment law | |
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| Early developments | |
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| The emergence of an international minimum standard | |
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| Developments after the Second World War | |
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| The evolution of investment protection treaties | |
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| The quest for a multilateral framework | |
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| Recent developments | |
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| The sources of international investment law | |
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| The ICSID Convention | |
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| Bilateral investment treaties | |
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| Sectoral and regional treaties: the Energy Charter Treaty and NAFTA | |
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| Customary international law | |
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| General principles of law | |
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| Unilateral statements | |
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| Case law | |
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| The nature of international investment law | |
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| Investment law and trade law | |
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| Balancing duties and benefits | |
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| The investor's perspective: a long-term risk | |
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| The host state's perspective: attracting foreign investment | |
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| International investment law and sovereign regulation | |
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| International investment law and good governance | |
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| Obligations, for investors | |
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| Interpretation and Application of Investment Treaties | |
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| Interpreting investment treaties | |
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| Methods of treaty interpretation | |
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| Travaux pr�paratoires | |
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| Interpretative statements | |
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| The authority of 'precedents' | |
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| Towards a greater uniformity of interpretation | |
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| Application of investment treaties in time | |
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| Inter-temporal application of treaties in general | |
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| Different inter-temporal rules for jurisdiction and substance | |
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| The date relevant to determine jurisdiction | |
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| Relevant dates under the ICSID Convention | |
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| Inter-temporal rules in other treaties | |
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| Investors and Investments | |
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| Investors | |
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| Private foreign investors | |
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| Nationality of individuals | |
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| Nationality of corporations | |
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| Article 25(2)(b) of the ICSID Convention: agreement to treat a local company as a foreign national because of foreign control | |
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| Nationality planning | |
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| Denial of benefits | |
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| Shareholders as investors | |
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| Investments | |
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| Terminology and concept | |
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| Investments as complex, interrelated operations | |
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| Definitions in investment protection treaties | |
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| 'Investment' in Article 25 of the ICSID Convention | |
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| Case law | |
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| Towards a new synthesis? | |
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| Investment 'in the territory of the host state' | |
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| Investment Contracts | |
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| Types of investments contracts | |
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| Applicable law | |
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| Stabilization clauses | |
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| Renegotiation/adaptation | |
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| Admission and Establishment | |
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| The move towards economic liberalism | |
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| Treaty models of admission | |
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| Performance requirements | |
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| Non-compliance by investor with host state law and international public policy | |
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| Expropriation | |
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| The right to expropriate | |
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| The three branches of the law | |
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| The legality of the expropriation | |
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| Direct and indirect expropriation | |
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| Broad formulae: their substance and evolution | |
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| Judicial and arbitral practices some illustrative cases | |
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| Effect or intention? | |
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| Legitimate expectations | |
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| Control and expropriation | |
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| Partial expropriation | |
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| General regulatory measures | |
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| Duration of a measure | |
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| Creeping expropriation | |
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| Expropriation of contractual rights | |
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| Standards of Protection | |
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| Fair and equitable treatment | |
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| History of the concept | |
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| Heterogeneity of treaty language | |
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| Nature and function | |
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| Fair and equitable treatment and customary International law | |
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| The evolution of the fair and equitable treatment standard | |
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| Methodological issues | |
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| Attempts to define fair and equitable treatment | |
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| Specific applications of the fair and equitable treatment standard | |
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| Stability and the protection of the investor's legitimate expectations | |
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| Transparency | |
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| Compliance with contractual obligations | |
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| Procedural propriety and due process | |
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| Good faith | |
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| Freedom from coercion and harassment | |
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| Conclusion | |
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| Full protection and security | |
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| Concept | |
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| Standard of liability | |
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| Protection against physical violence and harassment | |
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| Legal protection | |
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| Relationship to customary international law | |
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| The umbrella clause | |
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| Meaning and origin | |
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| Effective application of umbrella clauses | |
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| Restrictive application of umbrella clauses | |
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| Umbrella clauses and privity of contract | |
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| Umbrella clauses and unilateral acts | |
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| Access to justice, fair procedure, and denial of justice | |
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| Emergency, necessity, armed conflicts, and force majeure | |
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| Customary international law: civil violence, military action | |
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| The ILC Articles on State Responsibility | |
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| Necessity | |
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| Force majeure | |
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| Treaty law | |
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| Preservation of rights | |
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| Arbitrary or discriminatory measures | |
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| Arbitrary measures | |
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| The meaning of arbitrary | |
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| Adverse intention | |
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| Relationship to fair and equitable treatment and to customary international law | |
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| Discriminatory measures | |
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| The basis of comparison | |
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| Discriminatory intent | |
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| National treatment | |
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| General meaning | |
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| Application | |
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| The basis of comparison: 'like' | |
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| The existence of a differentiation | |
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| Is there a justification for the differentiation? | |
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| The relevance of discriminator intent | |
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| The relevance of WTO case law | |
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| Mast-favoured-nation treatment | |
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| Introduction | |
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| Variations of MFN clauses | |
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| Method of interpretation | |
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| Invoking substantive rights | |
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| Current state of the law | |
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| Transfer of funds | |
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| State Responsibility and Attribution | |
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| Organs, provinces, and municipalities | |
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| State organs | |
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| Provinces and municipalities | |
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| State entities | |
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| The role of state entities | |
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| Structure, function, and control | |
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| Judicial practice on attribution | |
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| State responsibility for failure to protect | |
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| Party status for constituent subdivisions or agencies under the ICSID Convention | |
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| Political Risk Insurance | |
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| Settling Investment Disputes | |
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| Stare v state disputes | |
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| Diplomatic protection | |
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| Direct disputes between states | |
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| Investor v state disputes | |
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| The limited usefulness of domestic courts | |
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| Arbitration and conciliation | |
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| Arbitration institutions and regimes | |
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| ICSID | |
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| ICSID Additional Facility | |
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| Non-ICSID investment arbitration | |
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| The International Chamber of Commerce | |
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| The London Court of International Arbitration | |
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| The UNCITRAL Rules | |
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| The Iran-United States Claims Tribunal | |
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| The Permanent Court of Arbitration | |
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| The subject matter of the dispute (jurisdiction ratione materiae) | |
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| The dispute | |
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| The legal nature of the dispute | |
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| The directness of the dispute in relation to the investment | |
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| The investment | |
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| The parties to the dispute (jurisdication ratione personae) | |
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| The hast state | |
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| The investor | |
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| The investor's nationality | |
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| The significance of the Additional Facility | |
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| Consent to arbitration | |
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| Consent by direct agreement | |
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| Consent through hose state legislation | |
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| Consent through bilateral investment treaties | |
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| Consent through multilateral treaties | |
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| The scope of consent | |
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| The interpretation of consent | |
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| Conditions for the institution of proceedings | |
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| The requirement to resort to domestic courts | |
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| The fork in the road | |
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| An attempt at amicable settlement | |
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| The applicability of MFN clauses to dispute settlement | |
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| The selection of domestic courts in contracts | |
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| Procedure | |
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| Arbitration Rules | |
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| Institution of proceeding | |
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| The tribunal and its composition | |
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| Provisional measures | |
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| Summary procedure | |
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| Written and oral procedure | |
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| The award | |
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| Transparency | |
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| Applicable law | |
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| Remedies | |
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| Restitution and satisfaction | |
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| Damages for an illegal act | |
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| Compensation for expropriation | |
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| Interest | |
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| Costs | |
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| Challenge and review of decisions | |
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| Review in non-ICSID arbitration | |
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| Annulment under the ICSID Convention | |
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| Excess of powers | |
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| Serious departure from a fundamental rule of procedure | |
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| Failure to state reasons | |
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| Supplementation and rectification under the ICSID Convention | |
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| Interpretation under the ICSID Convention | |
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| Revision under the ICSID Convention | |
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| Enforcement of awards | |
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| Annexes ICSID Convention | |
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| The Energy Charter Treaty (excerpts) | |
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| North American Free Trade Agreement (Chapter Eleven) | |
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| Chinese Model BIT (2003) | |
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| German Model Treaty (2008) | |
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| UK Model BIT | |
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| US Model BIT (2012) | |
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| Index | |