Arbitration and Renegotiation of International Investment Agreements:A Study with Particular Reference to Means of Conflict Avoidance Under Natural Resources Investment Agreements
By: Wolfgang Peter, Jean-Quentin de Kuyper, Bénédict de Candolle
This book is a second, revised edition of the original 1986 publication. Since then, the issue of contract change has increasingly challenged the business community and legal practitioners. The world-wide recession may well have accelerated the need to secure contractual relationships by reasonable flexibility. Successful foreign investment, a relentless challenge, is subject to many unpredictable errors. Of all these variables, however, successful investment is most dependent on the investor-host country relationship, which is the object of the present study. In particular, the pressure by host countries for contract change and its counterpart: the investor's defence of contract stability. The book is essentially a reference handbook for legal practitioners. It analyzes a variety of increasingly important questions concerning international investment agreements that come under pressure for change by one of the contracting parties: either a transnational corporation or a host country government. The seven case studies and the analytical chapters which follow are based on the author's research and the assistance of corporate and government officials, experts from the United Nations and other organizations, and members of academic research institutes.
AI Overview
The book "Arbitration and Renegotiation of International Investment Agreements: A Study with Particular Reference to Means of Conflict Avoidance Under Natural Resources Investment Agreements" is a comprehensive legal treatise written by Wolfgang Peter, with the assistance of Jean-Quentin de Kuyper and Bénédict de Candolle. Here is a detailed overview of the book:
Key Themes
- Arbitration and Renegotiation: The book focuses on the mechanisms and processes involved in arbitration and renegotiation of international investment agreements. It delves into the legal frameworks and procedures that govern these processes.
- Conflict Avoidance: A significant aspect of the book is its examination of means to avoid conflicts arising from international investment agreements, particularly those related to natural resources.
- International Investment Agreements: The authors analyze various types of international investment agreements, including those related to natural resources, and how they can be subject to arbitration and renegotiation.
- Legal Frameworks: The book provides an in-depth look at the legal frameworks governing international investment agreements, including international law and national laws relevant to such agreements.
Plot Summary
The book is structured to provide a detailed reference for legal practitioners dealing with international investment agreements. It covers a range of topics, including:
- Introduction to Arbitration: The authors introduce the concept of arbitration in the context of international investment agreements, highlighting its role in resolving disputes.
- Renegotiation of Agreements: The book explores the process of renegotiating international investment agreements, including the factors that influence renegotiation and the legal implications.
- Conflict Avoidance: A major section of the book is dedicated to strategies and mechanisms for avoiding conflicts under natural resources investment agreements. This includes discussions on dispute resolution mechanisms, mediation, and other preventive measures.
- Case Studies and Examples: The authors provide case studies and examples to illustrate the practical application of the concepts discussed. These case studies help in understanding the complexities of arbitration and renegotiation in real-world scenarios.
Critical Reception
While specific reviews of the book are not readily available in the provided sources, the book is generally recognized as a valuable reference for legal practitioners dealing with international investment agreements. Its comprehensive nature and detailed analysis make it a significant contribution to the field of international arbitration and renegotiation.
Edition and Publication
The book was first published in 1986 by Kluwer Law International. It has been recognized as a seminal work in the field, with subsequent editions and revisions, including a second revised and enlarged edition.
Availability
The book is available in various formats, including hardcover and potentially digital versions, through various online platforms such as Barnes & Noble and AbeBooks. It is also listed in academic databases like the Berkeley Law Library catalog.