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CONTENTS
Preface to the Fourth Edition page = xiii
Preface to the Third Edition = xv
Preface to the Second Edition = xix
Preface to the First Edition = xxi

CONTENTS
Preface to the Fourth Edition page = xiii
Preface to the Third Edition = xv
Preface to the Second Edition = xix
Preface to the First Edition = xxi
List of Abbreviations = xxii
Table of Cases = xxiii
1 Introduction = 1
1.1 The Definition of Foreign Investment = 11
1.1.1 The Distinction between Portfolio Investment and Foreign Direct Investment = 12
1.1.2 Definition of Foreign Investment in Investment Treaties = 13
1.1.3 The Evolution of the Meaning of the Term 'Investment' = 14
1.2 The History of the International Law on Foreign Investment = 23
1.2.1 The Colonial Period = 23
1.2.2 The Post-colonial Period = 26
1.3 An Outline of the Book = 36
2 The Shaping Factors = 42
2.1 The Historical Setting = 46
2.1.1 State Responsibility for Injuries to Aliens = 46
2.1.1.1 The Natural Resources Sector = 48
2.1.1.2 The Plantation Sector = 52
2.1.1.3 The Manufacturing Sector = 53
2.1.1.4 The Financial Sector = 55
2.1.1.5 Intellectual Property = 56
2.2 Conflicting Economic Theories on Foreign Investment = 60
2.2.1 The Classical Theory on Foreign Investment = 61
2.2.2 The Dependency Theory = 67
2.2.3 The Middle Path = 69
2.3 Actors in the Field of Foreign Investment = 75
2.3.1 The Multinational Corporation = 77
2.3.2 State Corporations = 80
2.3.3 International Institutions = 82
2.3.4 Non-governmental Organisations (NGOs) = 84
2.3.5 Other Actors = 86
2.3.6 Sovereign Wealth Funds = 86
2.4 Risks in Foreign Investment = 87
2.4.1 Ideological Hostility = 89
2.4.2 Nationalism = 89
2.4.3 Ethnicity as a Factor = 91
2.4.4 Changes in Industry Patterns = 92
2.4.5 Contracts Made by Previous Regimes = 94
2.4.6 Onerous Contracts = 95
2.4.7 Regulation of the Economy = 95
2.4.8 Human Rights and Environmental Concerns = 96
2.4.9 The Law-and-order Situation = 98
2.5 Sources of the International Law on Foreign Investment = 98
2.5.1 Treaties = 98
2.5.2 Custom = 101
2.5.3 General Principles of Law = 105
2.5.4 Judicial Decisions = 107
2.5.5 Domestic Law = 108
3 Controls by the Host State = 110
3.1 Regulation of Entry = 120
3.1.1 Guarantees against Expropriation = 123
3.1.2 Guarantees Relating to Dispute Settlement = 126
3.1.3 Tax and Non-tax Incentives to Foreign Investors = 127
3.1.4 Screening of Foreign Investment Entry = 128
3.1.5 Requirements of Local Collaboration = 131
3.1.6 Capitalisation Requirements = 133
3.1.7 Requirements Relating to Environmental Protection = 134
3.1.8 Requirements Relating to Export Targets = 137
3.1.9 Requirements Relating to Local Equity = 138
3.1.10 Other Requirements = 141
3.1.11 Regulation and Expropriation = 141
3.2 New Forms of Foreign Investment = 142
3.2.1 The Joint Venture = 143
3.2.2 The Production-sharing Agreement = 144
3.3 Constraints on Control : Customary International Law = 145
3.3.1 State Responsibility for Injuries to Aliens = 147
3.3.2 The Conflict between the United States and Latin American States = 150
3.3.3 The Content of the International Minimum Standard = 155
3.3.4 State Responsibility and Developing States = 157
3.3.5 The 'Noble Synthesis' = 158
3.3.6 Damage to Property in the Course of Civil Disturbances = 161
3.3.7 Validity of Conditions on Foreign Investment = 164
3.3.7.1 Regulations on Screening of Foreign Investments = 164
3.3.7.2 Local Equity Requirements = 166
3.3.7.3 Export Requirements = 169
3.4 Conclusion = 170
4 The Liability of Multinational Corporations and Home State Measures = 172
4.1 Obligations of Multinational Corporations = 174
4.1.1 The Obligation Not to Interfere in Domestic Politics = 177
4.1.2 Obligations Relating to Human Rights = 178
4.1.3 Liability for Violations of Environmental Norms = 182
4.1.4 The Obligation to Promote Economic Development = 184
4.2 Extraterritorial Control by Home States = 186
4.2.1 State Responsibility of Home States for Failure to Control Multinational Corporations = 188
4.2.2 The Existing Rules on State Responsibility = 188
4.2.3 The Duty to Control Nationals Abroad = 196
4.2.4 State Responsibility and the Duty to Provide Remedies to Victims = 201
4.3 Conclusion = 202
5 Bilateral Investment Treaties = 204
5.1 Introductory Survey = 209
5.2 Treaties of Friendship, Commerce and Navigation = 214
5.3 Reasons for Making Bilateral Investment Treaties = 217
5.4 Features of Bilateral Investment Treaties = 222
5.4.1 The Statement of the Purpose of the Treaty = 223
5.4.2 Definitions = 226
5.4.2.1 Investments = 226
5.4.2.2 Limitation on the Definition of Investment = 230
5.4.2.3 Portfolio Investments = 232
5.4.2.4 Corporate Nationality and the Protection of Shareholders = 233
5.4.3 Standard of Treatment = 238
5.4.3.1 National Standard of Treatment = 238
5.4.3.2 Fair and Equitable Standard = 240
5.4.3.3 Most-favoured-nation Treatment = 241
5.4.3.4 Full Protection and Security = 242
5.4.4 Performance Requirements = 242
5.4.5 Repatriation of Profits = 243
5.4.6 Nationalisation and Compensation = 244
5.4.6.1 Compensation for Destruction during Wars and National Emergencies = 250
5.4.7 Protection of Commitments = 253
5.4.8 Dispute Resolution = 254
5.4.9 Arbitration and the Exhaustion of Local Remedies = 257
5.4.9.1 Arbitration between States = 259
5.4.9.2 Subrogation = 260
5.4.10 Safeguard Provisions and Exceptions = 261
5.5 'Balanced' Investment Treaties = 263
5.5.1 Environmental Concerns = 265
5.5.2 Human Rights = 267
5.5.3 Sustainable Development = 270
5.5.4 International Concerns = 271
5.5.5 Regulatory Space and Balanced Treaties = 272
5.5.6 Bilateral Investment Treaties and Customary International Law = 273
5.5.7 Carve Out of Areas = 275
5.5.8 Liabilities of Foreign Investors = 275
5.5.9 Dispute Settlement = 276
5.5.10 The Termination of Treaties = 276
5.6 Conclusion = 278
6 Multilateral and Regional Instruments on Foreign Investment = 280
6.1 The International Norms on Multinational Corporations = 283
6.2 The Draft Codes on Multinational Corporations = 287
6.2.1 Description of the UNCTC Draft Code = 287
6.2.1.1 The Preamble = 287
6.2.1.2 Definition = 288
6.2.1.3 Respect for National Sovereignty = 288
6.2.1.4 Renegotiation of Contracts = 289
6.2.1.5 Non-interference in Domestic Affairs = 290
6.2.1.6 Abstention from Corrupt Practices = 292
6.2.1.7 Economic and Other Controls = 293
6.2.1.8 Disclosure of Information = 293
6.2.1.9 Treatment of Transnational Corporations = 294
6.3 The Outstanding Issues = 294
6.3.1 The Relevance of International Law = 294
6.3.2 Non-interference in Domestic Affairs = 296
6.3.3 Permanent Sovereignty and International Obligations = 297
6.3.4 The UN Global Compact = 298
6.4 The Regional Agreements = 298
6.4.1 NAFTA = 298
6.4.2 The ASEAN Agreements = 300
6.4.3 The South African Development Community Model Investment Treaty = 303
6.5 The Multilateral Agreement on Investment = 304
6.6 The WTO and Foreign Investment = 309
6.6.1 Investment in the Uruguay Round = 310
6.6.2 GATS = 311
6.6.3 TRIPS = 312
6.6.4 TRIMS = 313
6.7 An Investment Regime under the WTO = 314
6.7.1 The Definition of Investment = 314
6.7.2 Definition and Preservation of Regulatory Control = 315
6.7.3 Definition of Investor = 316
6.7.4 Treatment Standards = 317
6.7.4.1 Most-favoured-nation Treatment = 318
6.7.5 Performance Requirements = 318
6.7.6 Expropriation = 319
6.7.7 Balance-of-payment Safeguards = 319
6.7.8 Dispute Resolution = 320
6.8 The Right to Regulate Foreign Investment = 320
6.9 The Mega-regional Treaties : TPP and TTIP = 322
6.10 Conclusion = 323
7 Settlement of Investment Disputes : Contract-based Arbitration = 324
7.1 Contractual Devices for Foreign Investment Protection = 328
7.1.1 The Essential Clauses = 330
7.1.1.1 The Stabilisation Clause = 330
7.1.1.2 Choice-of-law Clause = 334
7.1.1.3 Arbitration Clause = 336
7.2 The Internationalisation of State Contracts = 339
7.2.1 The Origin of the Theory of Internationalisation = 339
7.2.2 The ICSID Convention and International Law = 349
7.2.3 The Continued Relevance of Contract-based Arbitration = 351
7.2.4 Lex mercatoria and State Contracts = 353
7.2.5 Umbrella Clauses and Internationalisation = 354
7.2.6 Arbitration Based on Investment Legislation = 355
7.2.7 Relevance of the Contract in Investment Treaty Arbitration = 355
7.3 Conclusion = 356
8 Treaty-based Investment Arbitration : Jurisdictional Issues = 358
8.1 Jurisdiction Ratione Materiae = 360
8.1.1 The Definition of Investment = 361
8.1.2 Economic Development as a Characteristic of Investment = 367
8.1.3 Does Portfolio Investment Qualify as Investment? = 368
8.1.4 Pre-contractual Expenses as Investment = 372
8.1.5 The Qualification of Investment as Subject to Local Laws and Regulations = 373
8.1.6 Good Faith Limitations = 374
8.1.7 Investments 'Approved in Writing' = 375
8.1.8 The Time Factor = 375
8.1.9 Negotiations = 376
8.1.10 The 'Fork in the Road' and Waiver = 376
8.1.11 Most-favoured-nation Clause = 378
8.1.12 Exhaustion of Local Remedies = 379
8.2 The Investor as Claimant = 379
8.2.1 Natural Persons = 380
8.2.2 Juridical Person : Corporate Nationality = 380
8.2.3 Locally Incorporated Company = 381
8.2.4 The Wholly Owned Company as Claimant = 382
8.2.5 The Migration of Companies = 383
8.2.6 Shopping for Jurisdiction = 385
8.2.7 Round-tripping and Corporate Nationality = 386
8.2.8 Denial of Benefits = 387
8.2.9 Protection of Minority Shareholders = 387
8.3 Conclusion = 388
9 Causes of Action : Breaches of Treatment Standards = 390
9.1 The Customary International Law Standards = 393
9.2 The Violation of National Treatment Standards = 394
9.2.1 Performance Requirements and National Treatment = 402
9.2.2 National Treatment and Infant Industries = 403
9.2.3 Subsidies, Grants and National Treatment = 404
9.2.4 Ethnicity and National Treatment = 404
9.2.5 Conclusion = 404
9.3 International Minimum Standard Treatment = 405
9.4 Fair and Equitable Standard of Treatment = 411
9.4.1 Violation of Legitimate Expectations = 417
9.4.2 Denial of Justice = 424
9.4.3 Due Process and Administrative Irregularity = 425
9.5 Full Protection and Security = 426
9.6 Conclusion = 428
10 The Taking of Foreign Property = 430
10.1 What Constitutes Taking? = 432
10.1.1 New Forms of Taking = 435
10.1.2 The Ideas of Property = 438
10.1.2.1 Forced Sales of Property = 446
10.1.2.2 Forced Sales of Shares = 447
10.1.3 Privatisation and Forced Sales = 450
10.1.3.1 Indigenisation Measures = 451
10.1.3.2 Interference with Property Rights = 453
10.1.4 Evolving US and European Notions of Property = 454
10.1.5 The Impact on International Law = 456
10.1.6 Regulatory Expropriations = 460
10.2 The Exercise of Management Control over the Investment = 475
10.2.1 Cancellation of Permits and Licences = 477
10.2.2 Takings by Agents and Mobs = 479
10.2.3 Excessive Taxation = 480
10.2.4 Expulsion of the Foreign Investor = 481
10.2.5 Freezing of Bank Accounts = 481
10.2.6 Exchange Controls = 481
10.3 Illegal Takings = 482
10.3.1 The Taking Must Be for a Public Purpose = 482
10.3.2 Discriminatory Taking = 485
10.3.3 Takings in Violation of Treaties = 486
10.3.4 The Role of the Proportionality Rule = 487
10.4 Conclusion = 488
11 Compensation for Nationalisation of Foreign Investments = 490
11.1 The Competing Norms : The Views of the Capital-exporting States = 492
11.1.1 The Claim that 'Prompt, Adequate and Effective' Compensation Must Be Paid = 492
11.1.1.1 Treaties = 494
11.1.1.2 Customary Practice = 495
11.1.1.3 General Principles of Law = 497
11.1.1.4 Unjust Enrichment = 497
11.1.1.5 Acquired Rights = 498
11.1.1.6 Right to Property = 499
11.1.1.7 Foreign Investment Codes = 503
11.1.1.8 Decisions of Courts and Tribunals = 505
11.1.1.9 International Courts = 505
11.1.1.10 Awards of Arbitral Tribunals = 509
11.1.1.11 National and Regional Courts = 521
11.1.1.12 Writings of Publicists = 523
11.2 The Competing Norms = 525
11.2.1 The Claim That It Is Permissible to Deduct Past Excess Profits from Compensation = 526
11.2.2 The Claim That the Taking Is a 'Revindication' for Which No Compensation is Necessary = 527
11.2.3 The Claim That Appropriate Compensation Should Be Paid = 527
11.2.3.1 Categories of Takings for Which Damages Rather Than Compensation Must Be Paid = 529
11.2.3.2 Categories of Lawful Takings for Which Full Compensation Must Be Paid = 530
11.2.3.3 Full Compensation Must Be Paid Where There Is a One-off Taking of a Small Business = 531
11.2.3.4 Full Compensation Need Not Be Paid as Part of a Full-scale Nationalisation of a Whole Industry = 531
11.2.3.5 Partial Compensation = 532
11.3 Valuation of Nationalised Property = 532
11.4 Conclusion = 534
12 Defences to Responsibility = 535
12.1 Treaty-based Defences = 541
12.1.1 National Security = 544
12.1.2 Economic Crises and National Security = 546
12.1.3 Necessity = 548
12.1.4 Force Majeure = 553
12.2 Violation of the Fair and Equitable Standard by the Foreign Investor = 554
12.3 Ius Cogens, Competing Obligations and Liability = 557
12.3.1 Transactions with Undemocratic Governments = 559
12.3.2 Investments in Areas of Secessionist Claims = 559
12.3.3 Cultural Property and Foreign Investment = 560
12.3.4 Environmental Obligations = 560
12.3.5 Human Rights Considerations = 561
12.4 Do the Balanced Treaties and the Defences Fix the Problems of Investment Arbitration? = 561
12.5 Conclusion = 563
Bibliography = 565
Index = 574

서점명	서명	판매현황	종이책			전자책 구매링크
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	The International Law on Foreign Investment	판매중	99,730원	94,740원 (5%)	2,850포인트 (3%)

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