An ideal practitioner's tool, this book clearly examines international law and provides practical steps that can be taken to minimize political risk and to deal with expropriation when it occurs. A systematic format covers relevant international law; defines political risk in general and in its most common forms; discusses available investment treaties and related mechanisms and institutions that might make a given developing country more attractive than another; considers pre-investment decisions that can reduce political risk, from ways to structure transactions to procuring investment insurance; and details the options open to an investor after an investment is affected.
International Investment, Political Risk, and Dispute Resolution provides a practical, sophisticated, and comprehensive discussion of all the relevant issues related to political risk:
BL The political risk of expropriation, both direct and indirect
BL Subtle yet nefarious forms of "indirect" and "creeping" expropriation that can be more difficult to prove, identify, quantify, and protect against
BL Protections available under international law to minimize such political risks
BL The role of bilateral investment treaties, government-sponsored and private investment insurance, and various provisions that may be utilized in investment agreements between the investor and the host state
BL Measures and steps that can be taken to reduce or respond to political risk, including the proper application of international arbitration
"This is a remarkably helpful, well-written, and well-researched work. It is quite scholarly and at the same time a thoroughly practical and useful guide."
-Alexandre de Gramont, Partner, Crowell & Moring LLP
"This book provides an excellent account of how legal techniques can be used to provide significant protections to foreign investment. Its comprehensive coverage, clarity of expression, and useful appendices will prove invaluable to the busy lawyer. It is one of those rare books that is valuable not only for practice but also for the law classroom."
-Dan Sarooshi
Herbert Smith Associate Professor of International Law, University of Oxford; Barrister, London
"The book is a tour de force. Rubins and Kinsella have written a first-rate study of one of the most vital areas of international law today. Notwithstanding its subtitle ("A Practitioner's Guide"), scholars as well as practicing attorneys will find this an invaluable guide to understanding the multifaceted adjudicatory regime for cross-border investment disputes."
- William (Rusty) Park, Professor of Law, Boston University, and General Editor,
Arbitration International"This book is comprehensive, well-written, and balanced. An admirable mixture of learned commentary and primary documents, it is portable, authoritative, and up-to-date. It is a distinctive and well-organized addition to existing reference works and will be of great value to practioners and academics who seek a dependable, balanced treatment of a range of legal and practical questions affecting foreign direct investment and dispute resolution."
- Jack J. Coe, Jr. Professor of Law, Pepperdine University School of Law; author,
Protecting Against the Expropriation Risk in Investing Aboard ;
International Commercial Arbitration--American Principles and Practice (1997);
NAFTA Chapter 11 Reports (with Brower and Dodge); vice-chairman, International Commercial Arbitration Committee, ABA International Law Section
"An important resource for anyone who is trying to understand the uncertain balance between the needs of sovereign governments, the interests of investors, and international law constraints...This book is an excellent reference work and should be included in any library that claims to have a 'good' international business collection."--Holly A. Lakatos, Director of Public Services, Chicago-Kent College of Law Library,
Legal Information Alert"Broadens the perspective of the reader and allows him to see beyond the everyday issues of the interpretation of the effect of an umbrella clause or the meaning of fair and equitable treatment in a BIT by placing these specific issues into a broader context and showing their interaction with others."
-Anne K. Hoffmann,
Arbitration International"An excellent introduction and comprehensive overview about the state of the law of investment protection, and also a valuable reference tool for anyone experienced in the field. It is to be recommended to anyone who wishes to gain an insight into the topics under discussion The quality of the analysis ensures that the book will not lose its value even if the law continues to develop. For both academics and practitioners in investment arbitration, it must be considered indispensable."
-Dr. Richard Happ,
German Arbitration Journal"'Oh no - not another book on investment arbitration!' might be one's first response but, if so, a wrong one; while 'I couldn't put it down' is a time honored publisher's cliché, it genuinely applies to this book."
-Hew R. Dundas,
ARBITRATION: The International Journal of Arbitration, Mediation, and Dispute Management
