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Title: Emerging international law of foreign investment
Author: Garcia-Bolwar, O.
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 1997
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This thesis examines the emerging international law of foreign investment (FI). The thesis is divided into two parts and a conclusion. The first part is divided into two chapters. A general approach to the concept of FI is made in the first one. The second chapter explores the legal doctrines used to solve the problems involved in FI. Concepts such as sovereignty, State responsibility and property are described therein. At the end of the first part, it is concluded that there are four issues that are the most important for the international law of FI. They are: a) what kind of FI should be protected by the law of FI; b) what standard should be used for admission of investors; c) what kind of general and specific standards of treatment (treatment of the right of property) should be given to the investors after it has been admitted; d) whether there should be a mechanism of dispute settlement. If so, then what kind of disputes would be settled; what that be State-State disputes or also Investors-State disputes? The second part of the thesis describes the emerging rules of FI and looks at how these rules have approached the above mentioned four issues. Chapter III looks at the Bilateral Investment Treaties (BITs). Chapter IV deals with a selection of multilateral instruments of international law of FI: the World Bank guidelines, the OECD Guidelines and the United Nations draft code of conduct for Transitional Corporations. The chapter also deals with the recent OECD proposal for a binding multilateral agreement on FI. The chapter focuses on how these instruments have solved the issues raised in the first part of the thesis. Another part of this chapter deals with binding multilateral instruments such as the ICSID Convention and the MIGA Convention. The chapter also examines the World Trade Organisation (WTO) instruments related to FI, such as the General Agreement on Trade of Services (GATS) and the agreement of Trade Related Investment Measures (TRIM).
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available