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Domestic Law in International Investment Arbitration
Although domestic law plays an important role in investment treaty arbitration, this issue is little discussed or analysed. When should investment treaty tribunals engage with domestic law? How should investment treaty tribunals resolve matters of domestic law? These questions have significant ramifications for both the legitimacy of the investment treaty system and the arbitral mandate of the tribunal members. Drawing on case law, international law principles, and comparative analysis, this book addresses these important issues. Part I of the book examines three areas of investment law-the 'fair and equitable treatment' standard, expropriation, and remedies-in which the role of domestic law...
Domestic Law in International Investment Arbitration
Domestic law often plays an important role in investment treaty arbitration, but how it should be addressed is unclear. Drawing on case law, international law principles, and comparative analysis, this book sets out a framework for engaging with domestic law.
Investor-State Dispute Settlement and International Investment Agreements
This book examines the international investment agreements and the dispute settlement mechanisms contained therein, which bind the Gulf Cooperation Council member States. The Gulf Cooperation Council (GCC), comprising Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates, is complex and unique. Recently, all member States have experienced increasing investor–state arbitration claims, while their nationals are increasingly instituting investor–state arbitrations to protect their own foreign investments. Intra-GCC disputes, though relatively rare, have also appeared, largely as a result of the recent Gulf crisis. While focussing particularly upon the investor–state dis...
Fair and Equitable Treatment and the Rule of Law
By comprehensively investigating the Fair and Equitable Treatment Standard (FET), this discerning book presents how this standard in investment treaty disputes can be both legally justified and realistically beneficial. It reflects on how FET jurisprudence can be advantageous to both the rule of law and to the legitimacy of the international investment regime.
Changing Actors in International Law
Changing Actors in International Law explores actors other than the ‘state’ in international law with a particular focus on under-researched actors or others that do not easily fit the category of a non-state actor (such as quasi-states, trans-government networks, Indigenous Peoples and self-determination claimant groups). It also examines less well studied aspects of otherwise well-researched actors such as individuals, corporations, NGOs and armed organised groups. In Part 1 of this book, authors examine the role and consequences of the participation of those actors in the process of international law creation. In Part 2, authors focus on the extent to which these actors can be held responsible under international law for its breach and their participation in traditional and non-traditional dispute resolution processes.
International Commercial and Investor-State Arbitration
This thought-provoking book combines analysis of international commercial and investment treaty arbitration in order to examine how they have been framed by the twin tensions of ‘in/formalisation’ and ‘glocalisation’. Taking a comparative approach, the book focuses on Australia and Japan in their attempts to become regional hubs for international arbitration and dispute resolution services in the increasingly influential Asia-Pacific context as well as a global context.
Counterclaims in Investment Arbitration
Foreign investors benefit from investment protection standards in international investment law which are enforceable in investment arbitration. However, international law does not directly bind foreign investors and investment arbitration struggles to address foreign investor misconduct. Thus, host States cannot easily claim against foreign investors for breaches of international law in investment arbitration. In Counterclaims in Investment Arbitration, Edward Guntrip illustrates how host States can use counterclaim procedures in investment arbitration to hold foreign investors accountable for misconduct that breaches international law. Based on arbitral practice, the book sets out how host States can amend their State practice and litigation strategies to enhance the effectiveness of counterclaim procedures and assesses when host States should take this course of action.
Balancing the Protection of Foreign Investors and States Responses in the Post-Pandemic World
The COVID-19 pandemic has brought the debate on reform of the international investment agreement regime to the fore with renewed force. In this important and timely book, top professionals in the field collectively offer an in-depth investigation of the measures that States have taken, or failed to take, to deal with the pandemic’s consequences and whether these actions or inactions can be construed as investment arbitration risks. In an extensive overview of the impact of COVID-19 on States and investors – including perspectives from UNCTAD, the European Union, the United States, Russia, India, South Korea and the African Union – this comprehensive guide on State defences and investor...
Commentary on the Energy Charter Treaty
This thoroughly revised edition of the Commentary on the Energy Charter Treaty presents a comprehensive overview of the latest trends surrounding this important international agreement. Providing a unique, article-by-article, textual analysis, updated chapters cover the full breadth of topics and developments of the Energy Charter Treaty (ECT), situated in the broader context of international economic law and governance. This edition also offers detailed coverage of the modernization process of the ECT, and carefully analyses important criticisms of the instrument.
Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 39, 2021
Volume 39 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and transnational law, as well as compiles official documents on the state practice of the Republic of China (Taiwan) in 2021. The Yearbook publishes on multidisciplinary topics with a focus on international and transnational law issues regarding the Republic of China (Taiwan), Mainland China, and ASEAN.
