Author: Kenneth J. Vandevelde Publisher: Oxford University Press ISBN: 0190679573 Category : Law Languages : en Pages : 593
Book Description
The First Bilateral Investment Treaties is the first and only history of the U.S. postwar Friendship, Commerce, and Navigation (FCN) treaty program, and focuses on the investment-related provisions of those treaties. The 22 U.S. postwar FCN treaties were the first bilateral investment treaties ever concluded, and nearly all of the core provisions in the modern network of more than 3000 international investment agreements worldwide trace their origin to these FCN treaties. This book explains the original understanding of the language of this vast network of agreements which have been and continue to be the subject of hundreds of international arbitrations and billions of dollars in claims. It is based on a review of some 32,000 pages of negotiating history housed in the National Archives. This book demonstrates that the investment provisions were founded on the New Deal liberalism of the Roosevelt-Truman administrations and were intended to acquire for U.S. companies investing abroad the same protections that foreign investors already received in the United States under the U.S. Constitution. It chronicles the failed U.S. attempt to obtain protection for investment through the proposed International Trade Organization (ITO), providing the first and only history of the investment-related provisions in the ITO Charter. It then shows how the FCN treaties, which dated back to 1776 and originally concerned with establishing trade and maritime relations, were re-conceptualized as investment treaties to provide investment protection bilaterally. This book is also a work of diplomatic history, offering an account of the negotiating history of each of the 22 treaties and describing U.S. negotiating policy and strategy.
Author: Kenneth J. Vandevelde Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
These are Chapters Seven and Nine of Bilateral Investment Treaties: History, Policy, and Interpretation, published by Oxford University Press in 2010. The book analyzes the key provisions of bilateral investment treaties (BITs), explaining the structure and policy of each provision, tracing the provision's origins and development, and synthesizing the arbitral awards that interpret it. The book also includes extensive discussion of the history and policy underlying international investment law and is the first book to offer a general theory of international investment law, arguing that investment treaties are based on six core principles - nondiscrimination, security, reasonableness, due process, transparency and access. These principles provide a basis for interpreting BIT provisions and understanding the relationship among them. The book covers the period from 1959, when Germany concluded its first bilateral investment treaty with Pakistan, through 2009, and thus provides a summary of the first 50 years of BIT programs worldwide. Chapter Seven discusses the norm of nondiscrimination, which appears in provisions guaranteeing national treatment, most-favored-nation treatment, and fair and equitable treatment and prohibiting unreasonable or discriminatory measures that impair investment. Chapter Nine discusses the economics of an open capital account and then analyzes several BIT provisions that address access to the host state's economy: the establishment provision, the currency transfers provision, the performance requirements provision, the entry and sojourn provision, and the employment provision. Bilateral Investment Treaties: History, Policy, and Interpretation is part of a trilogy of books on international investment agreements. U.S. International Investment Agreements, published by Oxford University Press in 2009, presents a comprehensive analysis of the first 30 years of the current U.S. investment treaty program, including both BITs and free trade agreements (FTAs) with investment chapters. It traces the evolution of each provision in the U.S. model BITs, explains the policies underlying those provisions, describes modifications to the provisions in the signed BITs and FTAs, and synthesizes the international arbitral awards interpreting the provisions. Appendices contain the text of each of the U.S. model BITs used as a basis for successful negotiations. The book covers the period from 1977, when the Carter administration approved the inauguration of a U.S. BIT program, to 2007. Chapters One (“Introduction”) and Three (“The Evolution of the BIT Model Negotiating Text”) of that book have been posted separately. The First Bilateral Investment Treaties: U.S. Postwar Friendship, Commerce, and Navigation Treaties, published by Oxford University Press in 2017, traces the history of the U.S. postwar friendship, commerce and navigation (FCN) treaty program, including the process by which a treaty series initiated in 1776 to address trade and maritime relations was reconceptualized in the late 1940s as a program of investment treaties. It also describes the origins and meaning of the investment provisions that appeared in these treaties, provisions that are the precursors to the provisions that appear in contemporary bilateral investment treaties (BITs) and free trade agreements (FTAs) with investment provisions. Chapters One (“Introduction”) and Five (“The FCN Treaties Become Investment Treaties”) of that book have been posted separately.
Author: Kenneth J. Vandevelde Publisher: Oxford University Press ISBN: 0199888140 Category : Law Languages : en Pages : 574
Book Description
Bilateral Investment Treaties: History, Policy, and Interpretation organizes, summarizes and comments upon the arbitral awards interpreting and applying BIT provisions. Policymakers and practitioners will find a thorough introduction to the operation of the BITs, including the principal arguments and case authorities on both sides of the major issues in international investment law. The book is intended to be a single-volume reference covering every important development in the 50 years of BIT programs worldwide, from 1959 until 2009. Author Kenneth Vandevelde argues that the primary purpose of the BITs is to promote the application of the rule of law to foreign investment, while a secondary purpose is to create a liberal investment regime. He further argues that BITs are based on six core principles: reasonableness, security, nondiscrimination, access, transparency and due process. The book explains each of these principles and analyzes the major BIT provisions based on them. Vandevelde addresses the host of complex questions that BITs engender: Do bilateral investment treaties attract foreign investment or otherwise contribute to economic development? Do BITs limit host state regulatory discretion too much? Why should countries continue to conclude BITs? What is meant by BIT guarantees of "fair and equitable treatment" and "full protection and security"? What is the scope of the BIT provision for most-favored-nation treatment? The book's expert analysis of these questions makes it useful to policy makers in the area of international economic relations, attorneys representing multinational companies, and anyone interested in the process of economic globalization.
Author: Kenneth J. Vandevelde Publisher: ISBN: 9781267819802 Category : Investments, Foreign Languages : en Pages : 416
Book Description
The first bilateral investment treaties addresses the processes by which, and the purposes for which, the State Department, during the years of the Truman administration, reconceptualized as bilateral investment treaties the friendship, commerce and navigation (FCN) treaties that the United States had negotiated since its independence, originally as treaties to establish trade and maritime relations. It argues that, at the end of the Second World War, to ensure peace and prosperity the United States sought to project New Deal liberalism onto the international plane and for that reason urged the creation of multilateral institutions to foster full employment worldwide. U.S. officials believed that full employment required the promotion, but also the regulation, of international capital movements. To promote capital movements, State Department officials acceded to the demands of the business community that it seek treaty protection for U.S. foreign investment. After efforts to incorporate investment protections into a multilateral International Trade Organization failed, the State Department turned to bilateral FCN treaties to obtain the protections it sought. In devising these treaty protections, U.S. officials incorporated into the FCN treaties four U.S. constitutional law principles - security, reasonableness, nondiscrimination and due process -- largely as these principles were understood by the New Deal Supreme Court, thereby providing U.S. investors abroad with protections similar to those enjoyed in the United States. Other FCN treaty provisions sought to facilitate the movement of capital across borders, while permitting host states to regulate such movements. This account uncovers the origins and purposes of a set of provisions that would create a legal framework for global capitalism in the late twentieth century. It demonstrates that U.S. foreign investment policy during the Truman years is best understood as a projection of New Deal liberalism, including ideas of liberal legality, onto the international plane, rather than as an instrument of Cold War containment or a capitulation to the demands of U.S. capitalists.
Author: Kenneth J. Vandevelde Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
These are Chapters One and Three of U.S. International Investment Agreements, published by Oxford University Press in 2009. The book presents a comprehensive analysis of the first 30 years of the current U.S. investment treaty program, including both bilateral investment treaties (BITs) and free trade agreements (FTAs) with investment chapters. It traces the evolution of each provision in the U.S. model BITs, explains the policies underlying those provisions, describes modifications to the provisions in the signed BITs and FTAs, and synthesizes the international arbitral awards interpreting the provisions. Appendices contain the text of each of the U.S. model BITs used as a basis for successful negotiations. The book covers the period from 1977, when the Carter administration approved the inauguration of a U.S. BIT program, to 2007. Chapter One is the Introduction to the book. It provides a brief overview of the U.S. BIT program and explains in much greater detail than this abstract the structure and content of the book. Chapter Three traces the evolution of the U.S. model BIT negotiating text. It explains the process by which the United States developed its model BIT, describes briefly the 1983 U.S. model BIT, and then identifies the significant changes made to that model in subsequent models that were adopted in 1984, 1987, 1991, 1992, 1994 and 2004. A final section describes U.S. BIT negotiating policy. A detailed description of each of the changes to the U.S. model BIT may be found in the other chapters of the book. U.S. International Investment Agreements is part of a trilogy of books on international investment agreements. The First Bilateral Investment Treaties: U.S. Postwar Friendship, Commerce, and Navigation Treaties, published by Oxford University Press in 2017, traces the history of the U.S. postwar friendship, commerce and navigation (FCN) treaty program, including the process by which a treaty series initiated in 1776 to address trade and maritime relations was reconceptualized in the late 1940s as a program of investment treaties. It also describes the origins and meaning of the investment provisions that appear in these treaties, provisions that are the precursors to the provisions that appear in contemporary bilateral investment treaties (BITs) and free trade agreements (FTAs) with investment provisions. Chapters One (“Introduction”) and Five (“The FCN Treaties Become Investment Treaties”) of that book have been posted separately. Bilateral Investment Treaties: History, Policy, and Interpretation, published by Oxford University Press in 2010, provides a general theory of international investment law, arguing that investment treaties are based on six core principles (nondiscrimination, security, reasonableness, due process, transparency and access), and analyzes the key provisions of BITs, explaining the structure and policy of each provision, tracing its origins and development, and synthesizing the arbitral awards interpreting it. It covers the period from 1959, when Germany concluded its first bilateral investment treaty with Pakistan, through 2009, and thus provides a summary of the first 50 years of BIT programs worldwide. Chapters Seven (“Nondiscrimination”) and Nine (“Access”) of that book have been posted separately.
Author: Kenneth J Vandevelde Publisher: Oxford University Press ISBN: 019970774X Category : Law Languages : en Pages : 908
Book Description
U.S. International Investment Agreements is the definitive interpretative guide to the United States' bilateral investment treaties (BITs) and free trade agreements (FTAs) with investment chapters. Providing an authoritative look at the development of the BIT program, treatment provisions, expropriation, and other provisions, Kenneth J. Vandevelde draws on his years of investment treaty and agreement expertise as both a former practitioner and a scholar. This unique and well-organized book analyzes the development of U.S. international investment agreement language and strategy within their historical context. It also explains the newest changes to the model negotiating text (US Model BIT 2004) and additional treaties.
Author: Chester Brown Publisher: Oxford University Press ISBN: 0199645191 Category : Law Languages : en Pages : 1018
Book Description
Model Bilateral Investment Treaties (BITs) are a state's blueprint for the investment treaties it negotiates with other states. This book compiles commentaries on the Model BITs of 19 key jurisdictions. It analyses state practice on international investment law, detailing each state's legislative regime on foreign investment and their BIT programme
Author: Prabhash Ranjan Publisher: Oxford University Press ISBN: 0199097070 Category : Performing Arts Languages : en Pages : 414
Book Description
As a consequence of being sued by more than 20 foreign investors, India terminated close to 60 investment treaties and adopted a new Model Bilateral Investment Treaty (BIT) purportedly to balance investment protection with the host State’s right to regulate. This book is a critical study of India’s approach towards BITs and traces their origin, evolution, and the current state of play. It does so by locating them in India’s economic policy in general and policy towards foreign investment in particular. India’s approach towards BITs and policy towards foreign investment were consistent with each other in the periods of economic nationalism (1947–1990) and economic liberalism (1991–2010). However, post 2010, India’s approach to BITs has become protectionist while India’s foreign investment policy continues to be liberal. To balance investment protection with the State’s right to regulate, India needs to evolve its BIT practice based on the twin framework of international rule of law and embedded liberalism.
Author: Kenneth J. Vandevelde
Author: Kenneth J. Vandevelde
Author: Kenneth J. Vandevelde
Author: Kenneth J. Vandevelde
Author: Kenneth J. Vandevelde
Author: United States. Congress. Senate. Committee on Foreign Relations
Author: Kenneth J Vandevelde
Author: Chester Brown
Author: Prabhash Ranjan
Author: Rudolf Dolzer