In this discerning book, David Collins provides an eloquent analysis of performance requirements and investment incentives as vital tools of economic policy. Adopting a consciously broad definition of both instruments, this work provokes a constructively critical assessment of their existing treatment under international economic law.
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Chapter 6: Investment incentives and international investment law
This chapter will provide an overview of the ways in which standard IIA protections could be construed to control the use of investment incentives by host states, notably through an expansive understanding of the fair and equitable treatment (FET) standard. Arbitral case law focussing on the removal of investment incentives as causes of action under the FET clause and guarantees against expropriation will be considered in detail.
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