INDEX
I. INTRODUCTION
II. INTERNATIONAL INVESTMENT: AN OVERVIEW;
A. Economic Aspects of International Investment Agreement;
B. International Investment and Role of Multinational Corporations;
C. International Investments: Legal Implications;
1. Distinguishing Characteristics of International Investment Agreement;
a. Reasons for Separate Treatment of International Investment Agreement;
2. International Legal Regime for FDI;
3. Approach Towards Regulation Of Transnational Investment;
a. UNCTAD Norms on Multinational Corporations;
b .UNCTAD Draft Code and Imperative Issues;
c. The World Bank Guidelines on Foreign Investment;
d. ICSID;
e. Bilateral Investment Treaties;
f. Reasons for Bilateral Investment Treaties;
g. Features of Bilateral Investment Treaties;
III. ICSID CHIEF CHARACTERISTICS AND SOME ISSUES;
A. Brief Background;
B. Apolitical Settlement of Disputes;
C. ICSID: Chief Characteristics;
1. Nearly Universal Acceptance of ICSID;
3. High-quality Arbitrators;
4. Cost-effectiveness;
5. Scope for Contract Renegotiation;
6. ICSID and Conflict Avoidance;
7. Institutional Control Mechanisms;
8. Balance of Certainty and Flexibility in ICSID Rules;
9. Effectiveness of ICSID System;
10. Jurisdiction;
11. Applicable Law;
12. Enforcement Provisions;
IV. ICSID AND DEVELOPING COUNTRIES: ANALYSIS OF JURISDICTION AND APPLICABLE LAW IN THE CONTEXT OF ICSID AWARDS;
A. JURISDICTION;
1. Who can submit a Dispute to ICSID;
2. Ratione Personae;
a. Contracting States;
b. Constituent Sub-divisions;
c. National of another contracting state;
d. Locally-Incorporated Entities;
3. Ratione Material;
a. Meaning of Legal Dispute;
b. Investment;
4. Consent;
a. Expression of Consent;
b. Scope of Consent to Submit to Arbitration Claims;
c. Consent of the Claimants;
C. APPLICABLE LAW
1. Relationship between Domestic Law and International Law;
2. Ex aequo et bono;
V. WHETHER INDIA SHOULD BECOME A PARTY TO ICSID?
A. Reasons for India N Signing the ICSID Convention;
B. Recognition and Enforcement of ICSID Awards;
1. No Review by Domestic Courts;
2. The Execution of ICSID Awards;
3. Rectification and Annulment;
4. ICSID as an Unbiased Institution;
5. Public Policy Concern as Addressed in ICSID;
VI. CONCLUSION AND OBSERVATIONS;
SELECT BIBLIOGRAPHY.