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Reshaping the Investor-State Dispute Settlement System
In Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century, editors Jean E. Kalicki and Anna Joubin-Bret offer for the first time a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has generated a strong debate, usually framed by complaints about a perceived lack of legitimacy, consistency and predictability. While some ideas have been proposed for improvement, there has never before been a book systematically focusing on constructive paths forward. This volume features 38 chapters by almost 50 leading contributors, all offering concrete proposals to improve the ISDS system for the 21st century.
Towards Consistency in International Investment Jurisprudence
Investor-State arbitration is currently a much-debated topic, both within the legal community and in the public at large. In Towards Consistency in International Investment Jurisprudence, Katharina Diel-Gligor addresses the alleged proliferation of inconsistent decision-making in this field – one of the main points of concern raised in the ongoing discussions. After exploring whether such criticism is appropriate at all, she goes on to examine the different causes, forms, and manifestations of the inconsistencies that exist through a detailed analysis of ICSID arbitration. The author then canvasses possible approaches to reform and concludes that an ICSID preliminary ruling system – the practicalities of which are set out in the study – is a suitable means for enhancing consistency in investment arbitration and moving towards a jurisprudence constante.
Reports of Overseas Private Investment Corporation Determinations
This comprehensive two-volume work is a collection of determinations from OPIC, the US governmental political risk insurance provider, in the form of its Memoranda of Determinations from 1966 through to 2010. An important part of international investment law and policy is the political risk insurance coverage provided to international investors by their home states and multilateral organizations such as the World Bank. These programs are of crucial importance to the growth of international investment flows and the development of international investment law. The insurance claim decisions and as a result this area of international law has received disproportionately little attention. This ref...
Building International Investment Law
This volume celebrates the first fifty years of the International Centre for Settlement of Investment Disputes (ICSID) by presenting the landmark cases that have been decided under its auspices. These cases have addressed every aspect of investment disputes: jurisdictional thresholds; the substantive obligations found in investment treaties, contracts, and legislation; questions of general international law; and a number of novel procedural issues. Each chapter, written by an expert on the chapter’s particular focus, looks at an international investment law topic through the lens of one or more of these leading cases, analyzing what the case held, how it has been applied, and its overall s...
The Formation and Identification of Rules of Customary International Law in International Investment Law
Patrick Dumberry provides a comprehensive analysis of the rules of customary international law in the field of international investment law.
International Investor Obligations
Das internationale Investitionsschutzrecht steht seit Jahren in der Kritik: Genießen Investoren internationale Rechte ohne korrespondierende Verantwortlichkeit? Dieses Buch stellt diese Sicht infrage. Vielmehr lassen sich der Vertrags- und Schiedspraxis bereits heute Investorenpflichten entnehmen, die das Buch normtheoretisch als direkte und indirekte Pflichten erschließt. Diese verpflichten Investoren etwa auf Menschenrechte und Umweltschutz. Sie sind potentiell geeignet, das Rechtsgebiet verstärkt auf das Ziel nachhaltiger Entwicklung auszurichten und Investorenverhalten international zu regulieren. Das Buch stellt diese Entwicklung in den allgemeineren Kontext der seit 1945 stattfindenden Individualisierung des Völkerrechts.
Community Interests Across International Law
To what extent are states expected to take into account the interests of others when conducting relations with other states? This is thequestion examined by this book as it considers the various manifestations of what has been described as community interests in areas regulated by international law.
Intellectual Property Objectives in International Investment Agreements
This timely book reconciles the competing objectives of intellectual property and international investment agreements. Throughout, Pratyush Nath Upreti examines the issues arising from recent intellectual property disputes in investment arbitration from the perspectives of national and international legal orders, providing a normative analysis to resolve the tension brought by intellectual property and investor-state dispute settlement interactions.
Mediation as a Mandatory Pre-condition to Arbitration
Mandatory investor-state mediation (ISM) as a pre-condition to arbitration is the way forward for rebalancing the investor-state dispute settlement (ISDS) regime and tackling its widely criticised shortcomings. Presenting a comprehensive doctrinal analysis of ISDS clauses of dozens of treaties, this book reveals that simply offering ISM in a voluntary format will not increase its utilisation. In this volume, Ana Ubilava further debunks four common arguments and misconceptions against mandatory ISM through an innovative empirical analysis of over 600 investor-state arbitration cases. She also offers recommendations for incorporating mandatory ISM in ISDS as a precondition to arbitration aimed at international policymakers.
International Centre for Settlement of Investment Disputes (ICSID)
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of International Centre for Settlement of Investment Disputes (ICSID)provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. No other book gives such a clear, uncomplicated description of the organization’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations. The monograph proceeds logically from the organization’s genesis and historical development to the structure of its...
