The rapid growth in investment treaties has led to a burgeoning number of international arbitration decisions that have applied and interpreted treaty provisions in disputes between investors and states concerning their respective rights. This flurry of treaties and arbitral decisions has seen the creation of a new branch of international law- the law of investment claims. In this revised edition, Jeswald Salacuse examines the law of international investment treaties, specifically in relation to its origins, structure, content, and effect, as well as their impact on international investors and investments, and the governments that are parties to them. Investment treaty law is a rapidly evolving field and since publication of the first edition, the law of international investment treaties has both experienced considerable growth and generated extensive controversy. 2011 saw the highest number of new treaty-based arbitration filed under international investment agreements to date, and in July 2014, the Yukos Universal Limited (Isle of Man) v The Russian Federation culminated with awards of over US$50 billion; a historic record for any arbitration. Controversy in this field has primarily revolved around the investor-state dispute settlement process, which as thus far involved at least 98 states as respondents. Salacuse captures these developments in this updated edition, examining not only the significant growth in treaties, but the trends that have followed, and their effect on the content and evolution of the law of investment treaties. Specific topics include conditions for the entry of foreign investment and general standards of treatment of foreign investments; monetary transfers; operational conditions; protection against expropriation; dispossession and compensation for losses; dispute settlement, including negotiation, arbitration, and conciliation; and judicial proceedings.

The Law of Investment Treaties (Oxford International Law Library)

Salacuse, Jeswald W.

Foreign & International Law

Oxford University Press

International investments are governed by three different legal frameworks: 1) national laws of both the host country and the investor's home country; 2) contracts, whether between the investor and the host country or among investors and their associates; and 3) international law, consisting of applicable treaties, customs, and general principles of law. Together, these three frameworks profoundly influence the organization, operation, and protection of foreign investments. Investors, government officials, and their legal counsel must therefore understand the complex interaction among these frameworks and how best to employ them to advance their interests. This book examines the content of each of these three legal frameworks for international investment and explores how they influence the foreign investment process and the nature of investment transactions, projects, and enterprises. The book is divided into five parts. Part I, after explaining the contemporary nature and significance of international investment, examines the theoretical and practical links between law and the investment process. Part II explores the nature of national laws regulating foreign investment. Part III considers of the various contractual frameworks for international investments, looking at their negotiation, content, and stability. Part IV sets out the international legal framework governing foreign investment, focusing on the content and nature of investment treaties and on general principles. Finally, Part V discusses how the three legal frameworks interact with each other. By comprehensively examining each of the applicable legal frameworks, this book provides a vital overview of the laws, rules, and regulations governing foreign investment for lawyers, scholars, students, and government officials.

The Three Laws of International Investment: National, Contractual, and International Frameworks for Foreign Capital

Product Description 
Investment treaties grant special international protection to foreign investors, and give them a means to enforce those rights against States in which they have invested. This book systematically examines the law of international investment treaties, particularly with respect to its origins, 
structure, content, and effects. Although the precise provisions of investment treaties are not uniform, virtually all investment treaties address the same issues. This book examines those issues in detail, including the scope of application, conditions for the entry of foreign investment, and 
general standards of treatment of foreign investments.\nInvestment treaty law has continued to evolve rapidly and dramatically since publication of the second edition of this work in 2015. The field has seen considerable growth in the number and scope of investment treaties, now estimated at 3300, and investor-state arbitrations cases, which reached over 
1000 in 2020. The field has also experienced significant changes and reforms. In 2018, eleven Pacific Basin Countries, despite the withdrawal of the United States, forged ahead to conclude the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTTP), a potentially far reaching 
regional trade and investment agreement. The next year, the three north American nations replaced the North American Free Trade Agreement (NAFTA) with the United States-Mexico-Canada Agreement (USMCA). And in 2020, European Union member states terminated over 100 intra-EU BITs, leaving intra-EU 
investors to rely on EU law and legal processes alone for protection from unfavourable government acts.\nThis edition of 
The Law of Investment Treaties incorporates a consideration of all of these and other reforms into its analysis of the body of law created by investment treaties since World War II.\nAbout the Author 
Jeswald W. Salacuse is Distinguished Professor and Henry J. Braker Professor of Law at The Fletcher School, Tufts University. He served as Dean of The Fletcher School for nine years and was previously Dean of the Southern Methodist University Law School. He has been Visiting Professor of Law at 
Harvard Law School, held the Fulbright Distinguished Chair in Comparative Law in Italy, and was a visiting professor in the United Kingdom, France, and Spain He has also been a lecturer in law at Ahmadu Bello University, Nigeria, a Wall Street lawyer, professor and research director at the 
National School of Administration, Congo, the Ford Foundation¹s Middle East advisor on law and development based in Lebanon, and later the Foundation's representative in Sudan. Salacuse is the author of twenty-one books and numerous articles and has served as president and member of international 
arbitration tribunals of the World Bank's International Centre for Settlement of Investment Disputes (ICSID).

Investment treaties, which grant special international protection to foreign investors and give them a means to enforce those rights against States in which they have invested, have become increasingly important in planning, executing and managing international investments. The Law of Investment Treaties explains the nature, history, and significance of investment treaties and their impact on international investors and investments, as well as on governments that are parties to them.The international law governing trans-national investments has undergone a remarkable transformation in a relatively short time. The fundamental tool for effecting that transformation has been the investment treaty, in which contracting countries set down rules to govern investments by their respective nationals in each other's territories. They include the North American Free Trade Agreement, the Energy Charter Treaty, and some 2500 bilateral investment treaties. This trend is bound to grow in the future. While differing in particular provisions, investment treaties all do two things: 1) they grant special protective rights to foreign investors, and 2) they provide for mechanisms that allow investors to enforce those rights, usually by international arbitration.   The Law of Investment Treaties examines the nature, history, and significance of investment treaties and their impact particularly on protected investors and investments, as well as on governments. Although the precise provisions of investment treaties are not uniform and some treaties restrict host country governmental action more than others, virtually all investment treaties address the same issues. Drawing on the growing body of arbitration decisions applying and interpreting investment treaties, this book examines in detail these common issues, including the scope of application, conditions for the entry of foreign investment and general standards of treatment of foreign investments (including increasingly common concepts such as "fair and equitable treatment" "national treatment", "most-favored-nation treatment" etc.). Monetary transfers, operational conditions, protection against expropriation and dispossession and compensation for losses are also explored. Salacuse also discusses dispute settlement, including negotiation, arbitration, conciliation, and judicial proceedings.

International investments are governed by three different legal frameworks: 1) national laws of both the host country and the investor's home country; 2) contracts, whether between the investor and the host country or among investors and their associates; and 3) international law, consisting of applicable treaties, customs, and general principles of law. Together, these three frameworks profoundly influence the organization, operation, and protection of foreign investments. Investors, government officials, and their legal counsel must therefore understand the complex interaction among these frameworks and how best to employ them to advance their interests. This book examines the content of each of these three legal frameworks for international investment and explores how they influence the foreign investment process and the nature of investment transactions, projects, and enterprises. The book is divided into five parts. Part I, after explaining the contemporary nature and significance of international investment, examines the theoretical and practical links between law and the investment process. Part II explores the nature of national laws regulating foreign investment. Part III considers of the various contractual frameworks for international investments, looking at their negotiation, content, and stability. Part IV sets out the international legal framework governing foreign investment, focusing on the content and nature of investment treaties and on general principles. Finally, Part V discusses how the three legal frameworks interact with each other. By comprehensively examining each of the applicable legal frameworks, this book provides a vital overview of the laws, rules, and regulations governing foreign investment for lawyers, scholars, students, and government officials.

The Wise Advisor: What Every Professional Should Know About Consulting and Counseling

Business & Money

Industries

Praeger

Salacuse presents a seven-point, comprehensive system to guide all professionals, from lawyers and consulting engineers to management consultants and financial planners, in the process of wisely and effectively advising their clients.
Giving advice is an essential task in all professions. Doctors, lawyers, management consultants, financial planners, consulting engineers, and accountants are called on every day to give wise advise to their clients on what they should do. Some professionals carry out this task well; others do it poorly. The ability of a doctor, lawyer, management consultant, or financial planner to help another person with a problem depends as much on a command of the process of giving advice as on an understanding of medicine, law, business, or finance.
Salacuse presents a clear and workable method for understanding and carrying out the advising process. His system is based on basic principles that govern all advising, regardless of the profession or area of life in which the advisor works: Know the persons who will use the advice; help, or at least do no harm; recognize how advice matters and can have serious consequences; negotiate your role with the client; develop a partnership between advisor and client; tailor advice to the life, needs, and objectives of the client, and make that advice clear and constructive; keep advice pure of self-interest, prejudices, and personal shortcomings; and know when to stop. Drawing on examples and cases from virtually every profession, Salacuse shows how to apply these seven principles in a wide variety of advising situations. The Wise Advisor is an indispensable tool for any person who gives professional advice.

In today's global business environment, an executive must have the skills and knowledge to navigate all stages of an international deal, from negotiations to managing the deal after it is signed. The aim of Global Negotiator is to equip business executives with that exact knowledge. Whereas most books on negotiation end when the deal is made, Jeswald W. Salacuse will guide the reader from the first handshake with a potential foreign partner to the intricacies of making the international joint venture succeed and prosper, or should things go poorly, how to deal with getting out of a deal gone wrong. Salacuse illustrates the many ways in which an international deal may falter and the methods parties can use to save it, provides the necessary technical knowledge to structure specific business transactions, and explores the transformations to the international business landscape over the last decade.

The Global Negotiator: Making, Managing and Mending Deals Around the World in the Twenty-First Century

International

St.Martin's Press

Offers expert advice on negotiation in foreign business ventures, including tips on understanding differences in culture, ideology, law, politics, and currency

Making Global Deals

Management & Leadership

Ticknor & Fields

Picking up where other negotiation books leave off, this practical, incisive handbook shows executives, lawyers, and government officials how to survive and thrive in today's highly competitive international marketplace. Jeswald W. Salacuse, a professor of international law at Tufts University and a member of Harvard's Program on Negotiation, draws on his business experience in more than thirty countries to provide business people with the techniques and strategies they need to successfully close an international agreement. Making Global Deals explains how to overcome the obstacles -- the instability of the international market place and differences in culture, ideology, law, politics, and currencies -- and come out on top in any size venture. Emphasizing careful preparation, he provides checklists and ground rules for strengthening and maintaining a solid bargaining position and shows step-by-step how to achieve a "win-win" solution.

Making Global Deals: What Every Executive Should Know About Negotia

Three Rivers Press

See the best price to sell, buy, or rent books by Salacuse, Jeswald W.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Salacuse, Jeswald W.

See the best price to sell, buy, or rent books by Salacuse, Jeswald W.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

The Law of Investment Treaties (Oxford International Law Library)

The Three Laws of International Investment: National, Contractual, and International Frameworks for Foreign Capital

The Law of Investment Treaties (Oxford International Law Library)

The Law of Investment Treaties (Oxford International Law Library)

The Three Laws of International Investment: National, Contractual, and International Frameworks for Foreign Capital

The Wise Advisor: What Every Professional Should Know About Consulting and Counseling

The Wise Advisor: What Every Professional Should Know About Consulting and Counseling

The Global Negotiator: Making, Managing and Mending Deals Around the World in the Twenty-First Century

Making Global Deals

Making Global Deals: What Every Executive Should Know About Negotia