Article

Policy Issues

Peter Muchlinski

in The Oxford Handbook of International Investment Law

Published in print June 2008 | ISBN: 9780199231386
Published online September 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199231386.013.0001

Series: Oxford Handbooks in Law

 Policy Issues

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This article studies the international law relating to foreign investment. The regulation of relations between states and foreign investors may be said to have begun with the development, by the major powers, of international norms relating to the treatment of aliens and their property, including expropriation, in the first half of the twentieth century. This article delves into the details of the policy environment within which contemporary norms are evolving. This is done, first, by considering the principal actors in the foreign direct investment process and their policy priorities. Secondly, the current ideological background to international foreign investment law is more closely examined. Thirdly, the more technical aspects of international investment law are analysed from a policy perspective. Three main issue areas arise here: influence of policy factors on the sources of international investment law; the types of substantive standards that will evolve; and how the standards are to be enforced.

Keywords: international law; foreign investment; expropriation; policy environment; foreign direct investment process; policy factors

Article.  22861 words. 

Subjects: Law ; International Law ; Law and Politics

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