Foreign Investment Law Including Investor-State Arbitrations in a Nutshell 3d by
ntroduction -- Entry controls over foreign investment -- Operational controls over foreign investment -- The law of and insurance against expropriations -- Investing in China -- Investing in Europe -- Investing in North America -- Investor-state arbitrations under BITs and FTAs -- NAFTA 1994 and USMCA 2018 foreign investment law and arbitrations
Principles of international business transactions by
Introduction: International business transactions: challenges and solutions -- Structuring the international sales transaction -- International sales law: the UN Sales Convention -- Commercial terms -- International carriage of goods and bills of lading -- Sales agent and distributorship agreements -- Financing international transactions -- Financing international business projects -- International electronic commerce and data privacy -- Introduction to international trade law -- The Foreign Corrupt Practices Act and the OECD Anti-Bribery Convention -- Franchising and trademark licensing -- Patent and knowhow licensing, technology transfers -- Counterfeit and IP infringing imports—U.S. Section 337 proceedings -- Introduction to foreign direct investment -- Cross-border mergers and acquisitions -- Treaties and agreements protecting foreign investment -- Expropriation of an investment -- DFC and MIGA investment insurance -- International business litigation -- Litigation involving foreign sovereigns -- International commercial arbitration
ICSID: an Introduction to the Convention and Centre by
Overviews of the Convention and Centre -- Beginnings and growth of ICSID -- Jurisdiction of the Centre -- Initiation and conduct of arbitration proceedings -- Applicable law -- Finality and enforcement of awards -- Looking ahead : ICSID and ISDS reform -- Appendices: I. Convention on the Settlement of Investment Disputes between States and Nationals of Other States -- II. Report of the Executive Directors on the Convention on the Settlement of Investment Disputes between States and Nationals of Other States
The History of ICSID 2d by
This revised edition details the history and development of the International Centre for Settlement of Investment Disputes (ICSID) and its constituent treaty. Parra traces the immediate origins of the Convention and gives a narrative of the drafting of the Convention between 1962 and 1965. He recounts details of bringing the Convention into force in 1966 and the elaboration of the initial versions of the Regulations and Rules of ICSID adopted at the first meetings of its Administrative Council in 1967. The separate chapters examine the expansion of the Centre's activities and changes made to the Regulations and Rules over the years. There are also overviews of the conciliation and arbitration cases submitted to ICSID in the respective periods, followed by discussions of selected cases and key issues within them. The book offers unique insight into the establishment and design of ICSID, as well as into how the institution evolved and its relationship with the World Bank over the 50 years since the establishment of ICSID. It is essential reading for those involved in this field
Basic Documents on International Investment Protection by
Introduction -- Historical background -- International investment protection rules -- International investment protection dispute settlement -- Other documents -- Appendix
Guide to ICSID Arbitration by
Introduction to ICSID -- Contractual ICSID arbitration and drafting an effective ICSID arbitration agreement -- ICSID investment treaty arbitration -- ICSID arbitration procedure -- The ICSID review regime -- Recognition, enforcement and execution of ICSID awards
Arbitration under International Investment Agreements by 
The ICSID Convention by
This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID)
The Oxford Handbook of International Investment Law by 
International investment law and general international law : radiating effects? by
"This book questions whether investment law influences the wider field of general international law, and more specifically, whether approaches adopted by tribunals in investment arbitrations have radiated, or should radiate, into other fields of international law. To answer this question, the book engages in a detailed analysis of pronouncements by investment tribunals on state responsibility, the law of treaties, and general principles of dispute resolution, and evaluates their impact beyond the narrow field of investment law. The perspectives provided in the book highlight how rules of general international law are concretised, specified, and at times moulded in investment arbitration practice. By doing so, the book enhances our understanding of the relationship between general international law and one its most dynamic sub-disciplines. Combining conceptual and practical perspectives, and offering a detailed analysis of the pertinent case law, the book is a plea for a fuller engagement directed at both general international lawyers and international investment lawyers. It will help investment lawyers better understand the role of general international law in their field of practice. General international lawyers will benefit from paying close attention to how investment lawyers apply and interpret rules of general international law"-- Provided by publisher
The Protection of Intellectual Property Rights under International Investment Law by
Contents Background on international investment law and intellectual property -- Investor-state dispute settlement and review of new IP-related investment cases -- Intellectual property as investment -- Relative treatment standards : national treatment and the most favoured nation clause -- Absolute standards of treatment : fair and equitable treatment, full protection and security -- Expropriation -- Outlook
Summary This book analyzes the standards of treatment and protection enshrined in international investment agreements (IIAs), which regard intellectual property rights as a protected investment
International Investment Law and Arbitration: commentary, awards, and other materials 2d by
The origins of investment protection and international investment law -- Investment contracts and internationalisation -- The metamorphosis of investment treaties -- Investment dispute settlement -- Jurisdiction, admissibility, and parallel proceedings -- Applicable laws -- Arbitrators -- Evidence -- Provisional measures -- Protected investments -- Protected investors -- Fair and equitable treatment, and full protection and security -- Contingent standards : national treatment and most-favoured nation treatment -- Expropriation -- Umbrella clauses -- Defences -- Remedies -- Costs and legal fees -- Challenging and enforcing awards, and the question of foreign state immunities -- New directions in international investment law and arbitration
Summary "The aim of the second edition remains that of the first. We are grateful to our colleagues in the law school teaching profession for adopting the first edition which appeared just less than three years ago. When Cambridge University Press requested a new edition so swiftly we did not hesitate due to the rapid, even clamorous, movements in the field. The second edition is expanded slightly with a new chapter, a new Chapter 7, by Lim and Paparinskis on the arbitrators, not least as the authors feel that it is indispensable to an understanding of present calls for reform of investment arbitration"-- Provided by publisher
Research handbook on foreign direct investment by
Contents: Part I Foundations -- 1. The political economy of bilateral investment treaties / Sarah Bauerle Danzman -- 2. Legal approaches to foreign direct investment / Stephan Schill and Kerem Gülay -- 3. Foreign investment law and developing countries / Antonius Rickson Hippolyte -- 4. FDI, international investment agreements and the sustainable development goals / Lise Johnson -- Part II International investment agreements -- 5. Trends and reform debates / Elisabeth Tuerk, Jorun Baumgartner and Dafina Atanasova -- 6. Scope of international investment agreements and substantive protection standards / Catharine Titi -- 7. Investment dispute settlement / Anna De Luca and Giorgio Sacerdoti -- 8. FDI and services trade: connections in rules and dispute settlement / Martín Molinuevo and Michael Jacobson -- Part III Investment regulations and incentives -- 9. Investor-state contracts / Ivar Alvik -- 10. Investment guarantees and political risk insurance / Panayotis M. Protopsaltis -- Part IV Regional perspectives -- 11. Africa / Dominic Npoanlari Dagbanja -- 12. Asia / Locknie Hsu -- 13. Australia and New Zealand / Andrew Mitchell -- 14. European Union / Angelos Dimopoulos -- 15. Central and Eastern Europe / Lénárd Sándor -- 16. Latin America / Katia Fach Gómez -- 17. North America / Kendra Magraw -- Part V Challenges and contentious issues -- 18. International investment law and sustainable development / Stefanie Schacherer and Rhea Tamara Hoffmann -- 19. Protection of the environment and international investment law / Sabrina Robert-Cuendet -- 20. Human rights and international investment law / Eric De Brabandere -- 21. Investment agreements and financial crises / Christina Binder and Philipp Janig -- Index
Contemporary and Emerging Issues on the Law of Damages and Valuation in International Investment Arbitration by
Procedural tools to facilitate the quantification of damages in investor-state arbitration / Adam Douglas -- Third-party financing in investment arbitration / Victoria Sahani, Mick Smith and Christiane Deniger -- Reflective loss and its limits under international investment law / Mark A. Clodfelter and Joseph D. Klingler -- Causation and injury in investor-state arbitration / Patrick W. Pearsall and J. Benton Heath -- Assessing compensation and damages in expropriation versus non-expropriation cases / Irmgard Marboe -- Moral damages / Patrick Dumberry -- Approaches to valuation in investment treaty arbitration / Noah Rubins, Vasuda Sinha and Baxter Roberts -- Discounted cash flow method / Kai F. Schumacher and Henner Klönne -- Measuring country risk in international arbitration / James Searby -- Valuation techniques for early-stage businesses in investor-state arbitration / Garrett Rush, Kiran Sequeira and Matthew Shopp -- Valuing natural resources investments / Richard Caldwell, Darrell Chodorow and Florin Dorobantu -- Principles limiting the amount of compensation / Borzu Sabahi, Kabir Duggal and Nicholas Birch -- Counterclaims and state claims / Jeremy K. Sharpe and Marc Jacob -- Approaches to the award of interest / Mark Beeley -- The allocation of costs in investment treaty arbitration / Matthew Hodgson and Alastair Campbell -- Post-award challenges of damages assessments / Christina L. Beharry
International Investment Arbitration 2d by
"[This book reviews] the substantive principles of international law applied by investment arbitration tribunals, and a clear and comprehensive description of the present state of the law...The second edition is fully updated to take account of the arbitration awards rendered in the period since 2007...Key areas of coverage include: the instruments under which investment disputes arise; the legal basis of treaty arbitration; dispute resolution and parallel proceedings; who is a foreign investor, including nationality issues and foreign control; what is an investment; investors' substantive rights, including fair and equitable treatment; expropriation; compensation and remedies. Arbitration of overseas investment disputes is one of the fastest growing areas of international dispute resolution. The exponential growth of international investment in recent years has led to the signature of over two thousand Bilateral Investment Treaties (BITs) between foreign states, in addition to a wealth of multilateral treaties and other forms of concession agreements. The legal principles that have developed in this area are subject to intense debate, and are still in a state of flux. While tribunals routinely state that they are applying principles of public international law to determine disputes, many of the principles applied have only been developed recently in the context of investment treaty arbitrations, and tribunals are often guided more by the approaches taken by other tribunals, than by pre-existing doctrines of public international law."-- Provided by publisher
The International Law on Foreign Investment 4th by
The shaping factors -- Controls by the host state -- The liability of multinational corporations and home state measures -- Bilateral investment treaties -- Multilateral and regional instruments on foreign investment -- Settlement of investment disputes : contract-based arbitration -- Treaty-based investment arbitration : jurisdictional issues -- Causes of action : breaches of treatment standards -- The taking of foreign property -- Compensation for nationalisation of foreign investments -- Defences to responsibility
Calculation of Compensation and Damages in International Investment Law 2d by
The function of compensation and damages -- Valuation standards and criteria -- International standards, bases of value, and valuation approaches -- Methods of valuation in international practice -- Interest
The Use of Economics in International Trade and Investment Disputes by
1. Introduction: the use of economics in international trade and investment disputes Marion Jansen, Joost Pauwelyn and Theresa Carpenter; Part I. The Use of Economics in International Trade and Investment Disputes: A Practitioner's View: 2. Integrating economic analysis into WTO dispute settlement practice: a view from the trenches Robert Teh and Alan Yanovich; 3. Present at the creation: economists and accountants in international trade law practice Thomas Graham; 4. The role of economics in WTO dispute settlement and choosing the right litigation strategy -- a practitioner's view Christian Lau and Simon Schropp; 5. On interpretation and economic analysis of law David Unterhalter; 6. The client's perspective James Flett; 7. The use of economics in competition law: what works and what doesn't across national jurisdictions? Bruce Malashevich; Part II. The Use of Economics in International Trade Disputes: Economic Versus Legal Thinking: 8. What to do if economic insights are disputed: on the challenge to deal with competing and evolving theories or empirics in international trade disputes Anne van Aaken; 9. Lost in translation: communication and interpretation challenges related to economic evidence in trade disputes Marion Jansen and Marios Iacovides; 10. Land rich and cash poor? The reluctance of the WTO dispute settlement system to entertain economics expertise: an institutional analysis Petros Mavroidis and Damien Neven; 11. The economics of actionable subsidy disputes Jorge Miranda; 12. In search of a 'genuine and substantial' cause: the analysis of causation in serious prejudice claims Pablo M. Bentes; 13. The games we play -- simulation models in merger analysis and their potential use in trade litigation Amar Breckenridge; Part III. The Use of Economics in International Investment Disputes: Liability and Damages: 14. Aligning loss, liability and damages: towards an integrated assessment of damages in investment arbitration Wolfgang Alschner; 15. An economic assessment of contracts and requests for contract reform and damages in international arbitration Bastian Gottschling and Willis Geffert; 16. Economics in investor-state arbitration beyond quantum Carla Chavich and Pablo Lopez; 17. Assessing investor damages involving publicly traded companies -- with examples from the Yukos' cases Manuel A. Abdala and Alan Rozenberg; 18. From the law of valuation to valuation of law? On the interplay of international law and economics in fair-market valuation Fuad Zarbiyev; Conclusion Theresa Carpenter, Marion Jansen and Joost Pauwelyn; Appendix. Guidelines for best practices for the use of economics in WTO dispute settlement Theresa Carpenter, Marion Jansen and Joost Pauwelyn
Shifting Paradigms in International Investment Law: More Balanced, Less Isolated, Increasingly Diversified by
In light of the controversies surrounding the impact of investment treaties and arbitration, this book reflects on the major changes in the area of international investment law
The ASEAN comprehensive investment agreement [electronic resource] : the regionalization of laws and policy on foreign investment by
art I introduction: mapping the growth of the international law of foreign investment in the Asia-Pacific region -- 1. ASEAN as an important investment destination -- 2. Emergence of asian noodle bowl of lias -- 3. The recent phenomena: the rise of plurilateral agreements with wider scope -- Part II ACIA as a milestone in ASEAN history -- 4. The ASEAN economic community and the ASEAN investment framework -- 5. Evolution of the ASEAN investment framework into ACIA -- 6. ASEAN investment scenario -- Part III the substantive regime of the ACIA -- 7. Investment liberalisation -- 8. Scope of the agreement: the investment and the investor -- 9. Principle of non-discrimination -- 10. Standards of protection: protecting investors and investments -- 11. Other substantive rules -- 12. Exceptions under ACIA -- Part IV access to dispute settlement mechanisms -- 13. Domestic courts -- 14. Minimizing disputes: ACIA's sensible approach to conflict management -- 15. Investor-state arbitration -- 16. State-state dispute settlement -- 17. ACIA arbitration prospects -- Part V the emergence of an ASAN external investment policy -- 18. +DP investment agreements -- 19. Salient similarities and differences -- 20. Cross benefits of ACIA and ASEAN + DP PTAS -- Part VI conclusion
Non-Discrimination and the Role of Regulatory Purpose in International Trade and Investment Law by
1. Introduction -- 2. Non-discrimination and regulatory purpose -- 3. National treatment and most-favoured nation treatment in international trade and investment law -- 4. The role of regulatory purpose in determining the appropriate comparator -- 5. Less favourable treatment -- 6. Conclusion
International Arbitration: Law and Practice 3d by 
The Formation and Identification of Rules of Customary International Law in International Investment Law by
The concept of customary international law -- Dancing with the sources : the fascinating story of the relative importance of custom and treaties at different times in the evolution of international investment law -- State practice -- Opinio juris -- The fundamental importance of customary rules in international investment law
International Investment Law by
International investment law in a changing world -- Evolution of international investment law -- International efforts to regulate foreign investment -- Protection of foreign investment in customary international law -- Protection of foreign investment through bilateral investment treaties -- Fleshing out the principles through jurisprudence -- Current issues in international investment law -- Addressing current challenges in international investment law -- Concluding observations
Interpretation of International Investment Treaties by
Introduction -- Overview of international investment treaties -- Main features of International investment treaties -- Ordinary meaning of the terms of the treaty -- Context -- Object(s) and purpose(s) -- Subsequent agreements and subsequent practice -- Other rules of international law -- Special meaning -- Supplementary means -- Plurilingual treaties -- Interpretative value of arbitral decisions -- Interpretative value of scholarly writings -- The role of states in the interpretation of investment treaties -- Conclusions
Analogies in International Investment Law and Arbitration by
Comparative law, methods and reasoning -- International investment law and arbitration -- Comparative reasoning and international investment law -- Micro-comparisons in investment treaty arbitration -- Macro-comparisons in investment treaty arbitration -- Comparative reasoning in international investment law and arbitration : challenges and prospects
Performance Requirements and Investment Incentives under International Economic Law by 
Intellectual property rights as foreign direct investments: from collusion to collaboration by
View full text via ElgarOnline
The WTO and International Investment Law by
Introduction -- History -- National treatment -- Science as a common proxy for rational regulation -- Common exceptions and derogations -- Dispute settlement -- Conclusion
Reshaping the Investor-State Dispute Settlement System by
Nijhoff International Investment Law Series Introduction / Anna Joubin-Bret and Jean E. Kalicki -- Delegating interpretative authority in investment treaties : the case of joint administrative commissions / Anne van Aaken -- Lessons from international uniform law / Joshua Karton -- Which is to be the master? : extra-arbitral interpretative procedures for IIAs / Michael Ewing-Chow and Junianto James Losari -- Keeping interpretation in investment treaty arbitration 'on track' : the role of state parties / Tomoko Ishikawa -- Travaux preparatoires and the legitimacy of investor-state arbitration / Baiju S. Vasani and Anastasiya Ugale -- Reform of investor-state dispute settlement : the U.S. experience / Karen L. Kizer and Jeremy K. Sharpe -- Rethinking rights and responsibilities in investor-state dispute settlement : some model international investment agreement provisions / Elizabeth Boomer -- Examining the formative aspect of investment treaty commitments : lessons from commercial law and trade law / Locknie Hsu -- Limiting investor access to investment arbitration : a solution without a problem? / Liang-Ying Tan and Amal Bouchenaki -- Back to the future : contemplating a return to the exhaustion rule / Daniel Kalderimis -- ISDS growing pains and responsible adulthood / Silvia Constain -- In search of a model for the reform of international investment dispute resolution: an analysis of existing international and regional dispute settlement mechanisms / Nicolette Butler -- The abiding role of state-state engagement in the resolution of investor-state disputes / Theodore R. Posner and Marguerite C. Walter -- Permanent investment tribunals : the momentum is building up / Omar E. Garcia-Bolivar -- The challenges of creating a standing international investment court / Eduardo Zuleta -- Making impossible investor-state reform possible / Luis Gonzalez Garcia -- Appellate mechanisms for investment arbitration : worth a second look for the trans-Pacific partnership and the proposed EU-U.S. FTA? / Barton Legum -- Appellate review in investor-state arbitration / Eun Young Park -- Reform of the investor-state arbitration regime : the appeal proposal / Gabriel Bottini -- Introduction of an appellate review mechanism for international investment disputes: expected benefits and remaining tasks / Jaemin Lee -- Why ICSID doesn't need an appellate procedure, and what to do instead / Kristina Andelic -- Fragmentation and harmonization in the ICSID decision-making process / Roberto Castro de Figueiredo -- Initial hiccups or more? : efforts of the EU to find its future role in international investment law / Jan Asmus Bischoff -- The emperor has no clothes : a critique of the debate over reform of the ISDS system / J.J. Saulino and Josh Kallmer -- Advancing reform at ICSID / Antonio R. Parra -- UN commission on international trade law and multilateral rule-making: consensus, sovereignty and the role of international organizations in the preparation of the UNCITRAL rules on transparency / Julia Salasky and Corinne Montineri -- Inter-governmental evaluation of investor-state dispute settlement : recent work at the OECD-hosted freedom of investment roundtable / David Gaukrodger and Kathryn Gordon -- The sixth path : reforming investment law from within / Stephan W. Schill -- Achieving a faster ICSID / Adam Raviv -- Streamlining the ICSID process : new statistical insights and comparative lessons from other institutions / Joongi Kim -- Interim costs orders : the tribunal's tool to encourage procedural economy / Jeffrey Sullivan and David Ingle -- Costs in investment treaty arbitration : the case for reform / Matthew Hodgson -- Distinguishing investors from exporters under investment treaties / Mark Feldman -- ICSID treaty counterclaims : case law and treaty evolution / Jose Antonio Rivas -- ICSID annulment standards : who has finally won the Reisman v. Broches debate of two decades ago? / Nikolaos Tsolakidis -- ICSID annulment reform: are we looking at the right problem? / Mallory Silberman -- Addressing and redressing errors in ICSID arbitration / Diego Brian Gosis -- Do we need investment arbitration? / Christoph Schreuer
The Law of Investment Treaties 2d by
A global regime for investment -- The nature and significance of international investment -- The foundations of international investment law -- A history of international investment treaties -- The general structure of investment treaties -- The interpretation of investment treaties -- Scope of application of investment treaties -- Investment promotion, admission, and establishment -- General treatment standards -- Monetary transfers and treatment -- Treatment of state obligations (the 'umbrella clause') -- Protection against expropriation, nationalization, and dispossession -- Other treatment standards -- Investment treaty exceptions, modifications, and terminations -- Investment treaty dispute settlement -- The consequences of treaty violations
Treaty Conflicts in Investment Arbitration by
The evolution of investment treaties -- The law of treaty conflicts -- Treaty conflicts in investor-state arbitration -- Investment treaty conflicts and the European Union
Summary This title focuses on the interaction between international investment law and other systems of international law. Looking at the challenges in this area from the perspective of treaty conflicts, the author examines and comments on cases where obligations in two treaties can conflict with one another
Transparency in International Investment Arbitration by
Introduction / Maxi Scherer, Markus Gehring and Dimitrij Euler -- Public interest in investment arbitration / Markus Gehring and Dimitrij Euler -- Article 1:Scope of application / Krista Nadakavukaren Schefer -- Article 2:Publication of information at the commencement of arbitral proceedings / Giuseppe Bianco -- Article 3:Publication of documents / Christopher Kee -- Article 4:Submission by a third person / Mariel Dimsey -- Article 5:Submission by a non-disputing party to the treaty / Martins Paparinskis and Jessica Howley -- Article 6:Hearings / Klint Alexander -- Article 7:Exception to transparency / Thierry P. Augsburger -- Article 8:Repository of published information / Kathleen Claussen -- The application of transparency / Johannes Koepp and Cameron Sim -- Conclusion: The rules as a swing of the pendulum? / Dimitrij Euler and Maxi Scherer
The Future of ICSID and the Place of Investment Treaties in International Law by
Note Based on presentations made at two conferences organized by the BIICL's Investment Treaty Forum, and held in 2011
Bibliography Includes bibliographical references
The International minimum standard and fair and equitable treatment by
view full text via Oxford Scholarship online Investment protection treaties generally include, in one form or another, the obligation to treat investments fairly and equitably. This book examines the relationship between this obligation and the minimum standard that can be found in customary international law
Applicable law in investor-state arbitration: the interplay between national and international law / by
available via Oxford Scholarship Online, Investment arbitration has become the key forum to settle disputes between investors and the host state. It is not clear from the arbitration agreements which body of law the arbitrators should apply: national or international. This book examines how the legal framework which the arbitral panels operate in influences which body of law they apply
Principles of International Investment Law by
1. History, sources, and nature of international investment law -- 2. Interpretation and application of investment treaties -- 3. Investors and investments -- 4. Investment contracts -- 5. Admission and establishment -- 6. Expropriation -- 7. Standards of protection -- 8. State responsibility and attribution -- 9. Political risk insurance -- 10. Settling investment disputes
Compensation and Restitution in Investor-State Arbitration by
This is a concise guide for lawyers, valuation experts academics, and students of the remedies that foreign investors may seek in international investment disputes. It provides an overview of the legal rules applicable in such circumstances and numerous case studies to show how they are used
Bilateral Investment Treaties by
History -- Policy -- Scope -- Reasonableness -- Security -- Nondiscrimination -- Transparency -- Access -- Due process
International Arbitration and Forum Selection Agreements, Drafting and Enforcing 6th by 
Substantive law in investment treaty arbitration: Uneasy Relationship Between International Law and Municipal Law by
Introduction, the unsettled relationship between international law and municipal law -- Attribution under the law of state responsibility -- The notion of 'investment' -- The nationality of an investor -- The concept of property -- Shareholders' rights -- Contract versus treaty claims -- Umbrella clauses: when a breach of contract may become a breach of treaty
Redfern and Hunter on International Arbitration by
Rev. ed. of: Law and practice of international commercial arbitration / by Alan Redfern, Martin Hunter. 3rd ed. 1999
Investment Treaty Arbitration and Public Law by
A return to the Gay Nineties? -- From contract to public law -- Scope and standards of review -- The transformation of international law -- Approaches and interpretations -- The businessman's court
State Capitalism and International Investment Law by
Studies in International Trade and Investment Law Series ; Volume 28
Dispute settlement and the reform of international investment law : legalization through adjudication by
Contents: 1. Introduction: Legitimacy criticisms of isds and an interdisciplinary approach -- 2. The notion of legalization in the context of international investment law -- 3. Shared understandings and interactional law-making -- 4. Internal constraints: Adjudication as a mode of social ordering -- 5. Legalizing international investment law -- Conclusion -- Bibliography -- Index
Transnational Actors in International Investment Law by
This book reviews for the first time some of the less frequently addressed actors in international investment law. Traditional studies concerning actors in international investment law have tended to focus on arbitrators, claimant investors and respondent states. This book explores transnational actors, such as UNCITRAL, the EU, international standardizing bodies, domestic and international courts and tribunals, etc., shedding light on their transnational activity and pluralistic role in international investment law
International arbitration and EU law by
"This book examines the intersection of EU law and international arbitration based on the experience of leading practitioners in both commercial and investment treaty arbitration law. It expertly illustrates the depth and breadth of EU law's impact on party autonomy and on the margin of appreciation available to arbitral tribunals. Coverage includes: an analysis of the relevance of EU Law on the validity of international agreements to arbitrate consideration of the impact of EU law on challenges, recognition and enforcement of international commercial awards, and the relationship between anti-suit relief, EU law and the New York Convention a discussion of selected areas of intersection between EU law and international commercial arbitration, including the ECtHR, consumer protection, damages, competition damages, GDPR, commercial agency and others an introduction to the complex areas in which the EU regime and international investment arbitration laws intertwine, through a review of the development of the EU's investment policy an examination of the impact of EU Law on specific issues in international investment arbitration including the Energy Charter Treaty, procedural issues (both ICSID and non-ICSID), damages, taxation, and the proposed Multilateral Investment Court an appraisal of the potential of International Commercial Mediation and its interrelations with EU law. International Arbitration and EU Law is a specialist guide for arbitrators, lawyers, judges, and expert witnesses. It will also greatly benefit academics and advanced students working, researching or teaching international arbitration law"-- Provided by publisher
Incomplete international investment agreements : problems, causes and solutions by
"This timely book is a comprehensive analysis of incomplete International Investment Agreements (IIAs), featuring insights from negotiating experiences in a number of bilateral and multilateral investment treaties. It examines problems, causes, and solutions surrounding this phenomenon by employing incomplete contract theory and opens new avenues in discussing how to correct incomplete IIAs. Throughout the book, the author challenges the fundamental assumption that most IIAs are concluded in a complete manner and emphasizes the importance of accounting for the fact that IIAs are often concluded without significant investment protection articles and are subject to renegotiation. Park applies various interdisciplinary approaches, including incomplete contract theory and development theory, to illustrate how countries easily postpone their treaty negotiations and are willing to renegotiate to remedy incomplete IIAs. Furthermore, he depicts the reality of treaty negotiation in recent years, helping readers to understand how countries are failing to negotiate complete IIAs and how utilizing an economics approach could analyse and resolve this issue. Offering a useful and practical contribution to the discussion on the resolution of incomplete IIAs, this book will be key reading for academics and researchers within the fields of commercial law, international economic law, trade law and international investment law. It is also a must-read book for both government officers and investment treaty lawyers in all countries involved with Free Trade Agreements"-- Provided by publisher
