Lecture notes
International Investment Law (Introduction)
- Institution
- Liverpool John Moores University (LJMU)
Introduction to international investment law, section 3 A of notes.
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Investment Law – 3ANational Investment Law and Policy
Drago Porter treaty 1907 outlawed the use of force for investment protection.
Hull doctrine – for example usa and Mexican trade, they must compensate that
expropriation should be prompt, adequate and effective compensation.
Calvo doctrine – wrote in 1868
Bolshevik influences
Google soviet union collapse and collapse of the berlin in 80s
History of investment law
World bank is based within Washington in the USA, it was established after WW2.
David Malpas, runs the world bank, the USA will nominate a new president as they are the
majority shareholder.
If a company from Manchester wants to invest in a company in Liverpool, the law will be the
same contract law.
The difference between policy and legally binding target, you can go to the law and ask what
it is doing to meet that.
Principles of investor protection can be traced to the practice of certain greekl city states
who welcome ‘aliens’ (foreign businesspeople)
Similar arrangements were found under roman law.
Ultra vires – Beyond the powers, it describes actions taken by government bodies or
corporations that exceed a scope of power given to them by laws or corporate charters.
Bretton woods agreement
Investment protection through international investment agreements
What are international investment treaties?
Bilateral or multilateral treaties that commit state parties to afford specific standards
of treatment to foreign investors from the other state parties.
These treaties grant foreign investors certain protections and benefits including
recourse to investor state dispute settlement (ISDS) to resolve disputes with host
states.
3,300 agreements concluded worldwide.
States often sign IIA’s based on assumptions that.
1. Investment protections and privileges will promote investment flows.
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