The Settlement of Foreign Investment Disputes
By: M. Sornarajah
Disputes arising from foreign investment activities are on the increase, and with them a growing awareness among practitioners of a greater variety of settlement methods than most legal analyses have dealt with heretofore. With the experience gained in recent years from a broad spectrum of successful negotiation, arbitration, and litigation techniques, it is possible to derive a comprehensive, critical survey of the principal methods of settling foreign investment disputes. This outstanding book masterfully provides such a survey. The Settlement of Foreign Investment Disputes in International Law treats the subject systematically, dealing first with the internal balances within modern foreign investment contracts, the complexities that arise due to state participation or interference in these contracts, and the stances that are taken when disputes arise. It goes on to examine, in turn, the main issues involved in negotiation, arbitration, and judicial settlement as the methods of settling foreign investment disputes, discussing the controversial themes in each of these methods in detail. Recognizing that the focus of attention is shifting to the misconduct of multinational corporations, the last chapter contains a discussion of the role of domestic courts.
AI Overview
"The Settlement of Foreign Investment Disputes" by M. Sornarajah is a comprehensive legal treatise that explores the intricacies of resolving disputes related to foreign investments. Here is a detailed overview of the book:
Key Themes
- Dispute Settlement Mechanisms: The book delves into the various mechanisms available for settling investment disputes, including arbitration and other forms of international dispute resolution.
- Investment Treaties: It examines the role of bilateral and multilateral investment treaties in providing a framework for resolving disputes between host states and foreign investors.
- Treatment Standards: The book discusses the importance of treatment standards such as most-favoured-nation treatment, national treatment, and fair and equitable treatment in protecting foreign investors' rights.
- Enforcement of Rights: It highlights the significance of effective enforcement mechanisms to ensure that the rights of foreign investors are protected and that disputes are resolved expeditiously.
Plot Summary
The book provides a detailed survey of the legal landscape surrounding foreign investment disputes. It covers the following key aspects:
- Introduction to Investment Disputes: The book begins by outlining the importance of resolving investment disputes effectively, emphasizing the need for non-discriminatory and timely access to dispute-settlement mechanisms.
- Dispute Settlement Mechanisms: It explores various dispute-settlement mechanisms, including international commercial arbitration and the role of institutions like the International Centre for Settlement of Investment Disputes (ICSID).
- Investment Treaties and Provisions: The book examines the provisions of bilateral and multilateral investment treaties, focusing on how these instruments provide safeguards for foreign investors and the legal implications of these provisions.
- Case Studies and Examples: The author uses case studies and examples to illustrate the practical application of these legal principles, providing insights into how disputes have been resolved in different contexts.
Critical Reception
While specific reviews of the book are not readily available in the search results, the book is widely regarded as a seminal work in the field of international investment law. M. Sornarajah is a respected scholar in this area, and his work is often cited in academic literature for its comprehensive and authoritative analysis of foreign investment disputes.
In summary, "The Settlement of Foreign Investment Disputes" by M. Sornarajah is a foundational text that provides a thorough understanding of the complex legal issues surrounding foreign investment disputes. It offers a detailed examination of dispute-settlement mechanisms, investment treaties, and the enforcement of rights, making it an essential resource for scholars and practitioners in the field of international investment law.