Foreign Investment Law including Investor-State Arbitrations in a Nutshell

Author: Folsom, Ralph H.
Edition: 2nd
Copyright Date: 2019
  • Publication Date: May 28th, 2019
  • ISBN: 9781684671465
  • Subject: International Transactions and Trade
  • Series: Nutshells
  • Type: Overviews
  • Description: Foreign investment is commonplace around the globe. Inbound and outbound foreign investment flows are massive as home country investors merge or acquire existing businesses or establish new companies in host countries. Investors purchase stocks and bonds on foreign exchanges, and sometimes foreign sovereign debt. The sums involved are staggering. Unlike international trade law governed significantly by the World Trade Organization, no uniform body of foreign investment law exists. Hence foreign investment law is predominantly national in character and varies considerably.

    Foreign Investment Law including Investor-State Arbitrations in a Nutshell reviews the law, practice, regulation and dispute settlement of foreign investment. Following the Nutshell tradition, citations are minimized creating a book that reads easily. Students, academics, lawyers, government officials and people in business will find it useful. After introducing entry and operational control patterns found primarily in the developing world, notably expropriation, this Nutshell focuses on investing in China, Europe and North America as “case studies”. It also explores the multitude of foreign investment treaties (BITs) and the dynamic investment law of NAFTA 1994 and its USMCA 2018 successor. Controversial, specific foreign investor-host state arbitration awards and systems are closely examined.