The Three Laws of International Investment: National, Contractual, and International Frameworks for Foreign Capital

by Jeswald W. Salacuse

Overview

International investments are governed by three different legal frameworks: 1) national laws of both the host country and the investor's home country; 2) contracts, whether between the investor and the host country or among investors and their associates; and 3) international law, consisting of applicable treaties, customs, and general principles of law. Together, these three frameworks profoundly influence the organization, operation, and protection of foreign investments. Investors, government officials, and their legal counsel must therefore understand the complex interaction among these frameworks and how best to employ them to advance their interests.

This book examines the content of each of these three legal frameworks for international investment and explores how they influence the foreign investment process and the nature of investment transactions, projects, and enterprises. The book is divided into five parts. Part I, after explaining the contemporary nature and significance of international investment, examines the theoretical and practical links between law and the investment process. Part II explores the nature of national laws regulating foreign investment. Part III considers of the various contractual frameworks for international investments, looking at their negotiation, content, and stability. Part IV sets out the international legal framework governing foreign investment, focusing on the content and nature of investment treaties and on general principles. Finally, Part V discusses how the three legal frameworks interact with each other. By comprehensively examining each of the applicable legal frameworks, this book provides a vital overview of the laws, rules, and regulations governing foreign investment for lawyers, scholars, students, and government officials.

Product Details

ISBN-13:	9780198727378
Publisher:	Oxford University Press
Publication date:	11/18/2014
Edition description:	Reprint
Pages:	468
Product dimensions:	6.70(w) x 9.50(h) x 1.10(d)

About the Author

Jeswald W. Salacuse, Henry J. Braker Professor of Law, Tufts University

Jeswald W. Salacuse is the Henry J. Braker Professor of Law at the Fletcher School of Law and Diplomacy, Tufts University. He has been a teacher, scholar, consultant, investment company director, and arbitrator in the field of international investment for nearly four decades.

Table of Contents

Part I: International Investment and the Law1. The Nature and Significance of International Investment2. The Relationship between Law and International Investment3. Three Legal Frameworks for International Investment: National, Contractual, and InternationalPart II: The National Legal Framework4. Factors Shaping National Legal Frameworks for International Investment5. National Regulation of the Entry and Exit of Capital6. National Regulation of Foreign Investment7. The Challenges of Legal ChangePart III: The Contractual Framework8. The Nature and Functions of the Contractual Framework for Investments9. The Negotiation of International Investment Contracts10. The Nature and Content of International Investment Contracts11. Political Risk Insurance12. Contractual Stability, Instability, and RenegotiationPart IV: The International Legal Framework13. The Foundations of the International Legal Framework for Investment14. The Treatification of International Investment Law15. The Nature and Content of Investment TreatiesPart V: Conclusion16. The Interaction of the Three Legal Frameworks