The existing literature on the substantive and procedural aspects of bilateral investment treaties (BITs) relies heavily on investment treaty arbitration decisions as a source of law. What is missing is a comprehensive, analytical review of state practice. This volume fills this gap, providing detailed analyses of the investment treaty policy and practice of nineteen leading capital-exporting states and emerging market economies. The authors
are leading experts in government, academia, and private legal practice, and their chapters are largely based on primary source materials. Each chapter provides a description of the regulatory or
policy framework governing foreign investment (both inflows and outflows) with a historical presentation of the state's Model BIT; an examination of internal government processes and practices relating to treaty negotiation, conclusion, ratification and record-keeping; and a detailed article-by-article analytical commentary of the state's Model BIT, elucidating the policy behind each provision and highlighting the ways in which the actual investment treaty practice of that state deviates from
this standard text. This commentary is supplemented by the case law relevant to that state's investment treaties. This commentary will be of immense assistance to counsel and
arbitrators engaged in arguing and determining the proper interpretation of BITs and investment chapters in Free Trade Agreements, and to government officials and scholars engaged in BIT policy formulation and implementation. It will serve as a standard resource for legal practitioners, scholars, policy-makers and other stakeholders in the field of international investment policy, law, and arbitration.
The existing literature on the substantive and procedural aspects of bilateral investment treaties (BITs) relies heavily on investment treaty arbitration decisions as a source of law. What is missing is a comprehensive, analytical review of state practice. This volume fills this gap, providing detailed analyses of the investment treaty policy and practice of nineteen leading capital-exporting states and emerging market economies. The authors
are leading experts in government, academia, and private legal practice, and their chapters are largely based on primary source materials. Each chapter provides a description of the regulatory or
policy framework governing foreign investment (both inflows and outflows) with a historical presentation of the state's Model BIT; an examination of internal government processes and practices relating to treaty negotiation, conclusion, ratification and record-keeping; and a detailed article-by-article analytical commentary of the state's Model BIT, elucidating the policy behind each provision and highlighting the ways in which the actual investment treaty practice of that state deviates from
this standard text. This commentary is supplemented by the case law relevant to that state's investment treaties. This commentary will be of immense assistance to counsel and
arbitrators engaged in arguing and determining the proper interpretation of BITs and investment chapters in Free Trade Agreements, and to government officials and scholars engaged in BIT policy formulation and implementation. It will serve as a standard resource for legal practitioners, scholars, policy-makers and other stakeholders in the field of international investment policy, law, and arbitration.
1: Chester Brown: Introduction
2: August Reinisch: Austria
3: Andrew Newcombe and Celine Levesque: Canada
4: Norah Gallagher and Wenhua Shan: China
5: Jose Antonio Rivas: Colombia
6: Yas Banifatemi and Andre von Walter: France
7: Rudolf Dolzer and Yun-I Kim: Germany
8: Federico Ortino: Italy
9: Luke Nottage and Shotaro Hamamoto: Japan
10: Shin Hi-Taek: Republic of Korea
11: Martins Paparinskis: Latvia
12: Andrea Bjorklund: NAFTA
13: Nico Schrijver and Vid Prislan: Netherlands
14: Sergey Ripinsky: Russia
15: Jean Ho: Singapore
16: Michael Schmid: Switzerland
17: Chester Brown and Audley Sheppard: United Kingdom
18: Jeremy Sharpe and Lee Caplan: United States
Dr Chester Brown is Associate Professor at the Faculty of Law,
University of Sydney, a Barrister at 7 Selborne Chambers, Sydney,
and a door tenant at Essex Court Chambers, London, and Maxwell
Chambers, Singapore. He previously served as Assistant Legal
Adviser at the Foreign and Commonwealth Office, London, and prior
to that he was Senior Associate in the International Law and
International Arbitration Group of Clifford Chance LLP, London. He
is the author of A
Common Law of International Adjudication (OUP, 2007), which was
awarded the ASIL Certificate of Merit. He was educated at the
Universities of Melbourne, Oxford and Cambridge.
Browns book is an important contribution to the study of
international investment law and constitutes doubtless a
recommended reference guide for investment lawyers and
scholars.
*Catharine Titi, The British Yearbook of International Law*
The market for the Commentaries includes law students, lawmakers,
diplomants and arbitration practitioners. Each should find it a
fruitful read. The volume provides a wealth of information and
thoughtful analysis ... It is likely to become an oft-consulted
reference by the arbitration community.
*Jack Coe, School of Law, Pepperdine University*
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