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The Foundations of International Investment LawBringing Theory into Practice$
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Zachary Douglas, Joost Pauwelyn, and Jorge E. Viñuales

Print publication date: 2014

Print ISBN-13: 9780199685387

Published to Oxford Scholarship Online: August 2014

DOI: 10.1093/acprof:oso/9780199685387.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 21 January 2022

Property, Investment, and the Scope of Investment Protection Obligations

Property, Investment, and the Scope of Investment Protection Obligations

(p.363) 12 Property, Investment, and the Scope of Investment Protection Obligations
The Foundations of International Investment Law

Zachary Douglas

Oxford University Press

This chapter defends the thesis that the particular conception of an investment underlying an investment treaty claim — identified as either investment-as-property, investment-as-contractual rights, investment-as-expectations, or investment-as-value — determines the cause of action available to the claimant in investment treaty arbitration. In other words, what distinguishes each of the core investment treaty obligations is the nature of the investment interests they protect. The chapter presents a table of conclusions setting out whether or not each of the four conceptions of an investment can be invoked by the investor to establish the jurisdiction of the arbitral tribunal; to claim responsibility under the six most common investment protection obligations; and to quantify damages for prejudice caused to an investment.

Keywords:   investment treaty arbitration, investment-as-property, investment-as-contractual rights, investment-as-expectations, investment-as-value

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