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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...
Revisiting Public-Private Partnerships
This edited volume discusses the resilience of public-private partnerships (PPPs) in the wake of the COVID-19 pandemic. Using a comparative lens, the book assesses the degree to which global PPP infrastructure projects have been affected by the pandemic and details short term and long-term measures undertaken by governments and private parties to mitigate disruption to infrastructure delivery. Secondly, it focuses on improving the state-of-art knowledge by suggesting future directions to be taken by governments, practitioners, and researchers in order to create resilience in infrastructure projects when using PPPs as the delivery model. Chapters present diverse case studies of PPP governance across countries, covering topics such as regulatory issues, risk management, financing, contractual governance, arbitration, and stakeholder management. Providing a systematic review, assessment, and research agenda on lessons learned from the pandemic, this volume will appeal to researchers and students of public administration, public economics, construction management, infrastructure management, and public management, as well as practitioners and government professionals.
Yearbook Commercial Arbitration, Volume XLVII (2022)
The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community, with reports on arbitral awards and court decisions applying the leading arbitration conventions and decisions of general interest to the practice of international arbitration as well as announcements of arbitration legislation and rules. Volume XLVII (2022) includes: excerpts of arbitral awards made under the auspices of the International Chamber of Commerce (ICC) and the Stockholm Chamber of Commerce (SCC); notes on new and amended arbitration rules, including references to their online publication; notes on recent developments in arbitrati...
The European Union and the Evolving Architectures of International Economic Agreements
The European Union (‘EU’) is promoting a suite of innovations in international economic regulation—among them, reforms for secure and sustainable investment, a comprehensive approach to the mutual recognition of professional qualifications, a viable carbon border adjustment mechanism, heightened intellectual property rights protection, the arm’s length principle in taxation, and an increased commitment to non-economic vales. Through a critical analysis of key regulations and policies, this volume explores the evolving architectures of international economic agreements in light of EU practice. A comprehensive analysis indicates that novelties are rooted in geoeconomic considerations, ...
Good Faith in Long-Term Relational Supply Contracts in the Context of Hardship from A Comparative Perspective
This book provides fair and acceptable solutions to hardship issues in long-term relational supply contracts. This book uses an approach to strike a balance between the traditional approach underlying classical contract law which emphasises the almost absolute prevalence of the principle of pacta sunt servanda and a flexible approach that is based on the principle of clausula rebus sic stantibus. This book argues for an emerging principle of pacta sunt servanda bona fide on the basis of the relational contract theory. Additionally, this book demonstrates how good faith can serve as a foundation for imposing a duty to renegotiate on the parties. The aim of this book is rather to propose how r...
Public Actors in International Investment Law
This open access book focuses on public actors with a role in the settlement of investment disputes. Traditional studies on actors in international investment law have tended to concentrate on arbitrators, claimant investors and respondent states. Yet this focus on the "principal" players in investment dispute settlement has allowed a number of other seminal actors to be neglected. This book seeks to redress this imbalance by turning the spotlight on the latter. From the investor's home state to domestic courts, from sub-national governments to international organisations, and from political risk insurance agencies to legal defence teams in national ministries, the book critically reviews these overlooked public actors in international investment law.
Comparative Contract Law
This significantly revised and expanded third edition of Comparative Contract Law brings together extracts from legislation and court practice in a way that enables students to experience comparative law in action.
International Investment Law and the Pandemic
This book discusses how the Covid pandemic has reshaped investment screening mechanisms, investment law and arbitration. Contributions from leading academics and practitioners offer a fresh perspective on the reform of the ISDS mechanism and investment treaties; security and public order risks in FDI screening; the application of treaty standards and customary law defences; and the critical role of scientific data in investment arbitration. With rare insights and unpublished data, this book is your essential guide to understanding the resilience of the investment regime in these challenging times.
National Security in International and Domestic Investment Law
This book offers a dynamic introduction to the new developments on national security review of foreign direct investment (FDI) from the perspectives of both domestic law and international investment law. COVID-19 and the Russian invasion of Ukraine have intensified FDI screening to an unprecedented scale, yet its purposes, scope and potential impact remain ambiguous and controversial. The book first attests the legitimacy of FDI screening by using the theory of National Security Constitution. Part I explicates the national security, public order and public health exceptions clauses in international investment law and the novel EU Regulation on FDI screening. Part II provides an in-depth anal...
