LAW5709 Investment Law — Unit 3: International Investment Law

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Unit 3: International Investment Law

3.1 Concept and Definition of International Investment

(The U1.3’s-depth-internationalised): the cross-border-capital (the treaty-definition (the assets-enterprises-loans (the salini’s (the ICSID-tribunal’s (the debate-open (the exam’s-recap-frame)))); the relationship-to-the-trade (the goods-vs-the-capital (the WTO-and-the-investment (the never-merged (the MIA’s-failure (the Singapore-issues (the 1996-and-the-2004-dropped (the exam’s-history-note))))))));

3.2 Sources of International Investment Law

  1. The treaties’ (the BITs (the 3,000 (the web (the “the-old-and-the-new”)); the FTAs-with-investment-chapters (the NAFTA’s-legacy (the Chapter-11 (the award-line (the USMCA’s-reform (the names-only))); the ECT (the Energy-Charter (the Yukos (the 50-billion (the largest (the exam’s-case-notable (the names-only))))));
  2. The custom’s (the customary-standards (the FET-debated-custom (the interpretation-clause (the “the-reform-back-to-the-custom”))));
  3. The contracts’ (the state-contracts (the stabilisation-clauses (the frozen-law (the credibility-vs-the-sovereignty (the exam’s-clause-debate))));
  4. The general-principles-and-the-awards’ (the precedent-de-facto (the annalist (the tribunals-follow (the cited (the no-stare (the consistency-debated (the exam’s-ISDS-structure-point))))));
  5. The soft-law’ (the UNCITRAL-rules (the arbitral-rules (the IBA-guidelines (the conduct (the transparency-2014-rules (the Mauritius-Convention (the exam’s-soft-list))))));

3.3 International Investment: FDI and Portfolio Investment

The distinction’s-full (the FDI (the control (the 10-percent-plus (the management (the long (the technology-and-the-jobs (the “the-development-case”))); the portfolio (the securities (the return-only (the liquid (the volatile (the hot (the 1997-Asia (the contagion (the exam’s-contrast-table)))))))) — the Nepal’s-portfolio (the NEPSE-and-the-foreign (the limited (the NRB-quotas (the hedged-status (the “the-gradual-open”))));

3.4 Role of WTO and GATT in Investment Law

The WTO’s-non-role-yet (the GATT’s-trade (the investment-adjacent (the TRIMs (the one-agreement (the 1994’s (the performance-requirements-bar (the local-content (the illustrative-list (the Nepal’s-TRIMs-obligation (the notification (the compliance (the exam’s-WTO-face (the LAW5602-U’s (the cross-reference)))))))))); the GATS (the services-investment (the commercial-presence (the mode-3 (the GATS-as-investment-law-adjacent (the exam’s-GATS-point)))); the failed-MIA (the 1990s’-attempt (the OECD-MAI (the collapsed (the lessons (the exam’s-history)));

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