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Selected Works

Andrew T Guzman

D. Foreign Direct Investment

Publication Year

Articles 1 - 3 of 3

Full-Text Articles in Law

Expropriatory And Non-Expropriatory Takings Under International Investment Law, Andrew T. Guzman, Jan H. Dalshuisen Dec 2011

Expropriatory And Non-Expropriatory Takings Under International Investment Law, Andrew T. Guzman, Jan H. Dalshuisen

Andrew T Guzman

The question of expropriation is at the heart of modern foreign investment law, yet remains an area of great uncertainty and ambiguity. Neither treaty law nor existing jurisprudence provides clarity on the questions of when government action amounts to an expropriation or what to do if does. This Article provides a framework for approaching questions of expropriation that helps understand the key questions that must be addressed by investment tribunals or, for that matters, host countries and investors. We begin with the neutral category of takings, meaning any government action that negatively affects that value of an investment. We argue …


Competing For Capital: The Diffusion Of Bilateral Investment Treaties, 1960-2000, Andrew T. Guzman Dec 2005

Competing For Capital: The Diffusion Of Bilateral Investment Treaties, 1960-2000, Andrew T. Guzman

Andrew T Guzman

Over the past forty-five years, bilateral investment treaties (BITs) have become the most important international legal mechanism for the encouragement and governance of foreign direct investment. The proliferation of BITs during the past two decades in particular has been phenomenal. These intergovernmental treaties typically grant extensive rights to foreign investors, including protection of contractual rights and the right to international arbitration in the event of an investment dispute. How can we explain the widespread adoption of BITs? We argue that the spread of BITs is driven by international competition among potential host countries—typically developing countries—for foreign direct investment. We propose …


Why Ldcs Sign Treaties That Hurt Them: Explaining The Popularity Of Bilateral Investment Treaties, Andrew T. Guzman Dec 1997

Why Ldcs Sign Treaties That Hurt Them: Explaining The Popularity Of Bilateral Investment Treaties, Andrew T. Guzman

Andrew T Guzman

No abstract provided.