Yearbook on international investment law & policy

Author(s)

• Sauvant, Karl P.
• Bjorklund, Andrea K.
• Sachs, Lisa E.
• Johnson, Lise
• Coleman, Jesse

Bibliographic Information

Yearbook on international investment law & policy

edited by Karl P. Sauvant

Oxford University Press, c2009-

• 2008-2009
• 2009-2010
• 2010-2011
• 2011-2012
• 2012-2013
• 2013-2014
• 2014-2015
• 2015-2016
• 2017
• 2018

Other Title

Yearbook on international investment law and policy

Note

v.2012-2013-: Edited by Andrea K. Bjorklund

2015-2016: Edited by Lisa E. Sachs, Lise J. Johnson

2017-: Editors, Lisa E. Sachs, Lise J. Johnson, Jesse Coleman

Includes bibliographical references and index

Description and Table of Contents

Volume

2013-2014 ISBN 9780190265779

Description

International investment law today consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network raises a host of issues regarding international investment law and policy, especially in the area of international investment disputes. The Yearbook on International Investment Law & Policy 2013-2014 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment (FDI). With contributions by leading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers. The 2013-2014 Yearbook begins with trends in international investment and the activities of multinational enterprises, a review of trends and new approaches in international investment agreements for 2013-2014, and a review of international investment law and arbitration for 2013. This edition contains a sample of the research and ideas generated by the Investment Treaty Forum at the British Institute of International and Comparative Law-The Investment Treaty Forum brings together experts in international investment law to engage in high-level debate about salient topics in investment law. This edition covers many important topics, such as the principle of proportionality and the problem of indeterminacy in international investment treaties; proportionality, reasonableness and standards of review in investment treaty arbitration; and the role of investors' legitimate expectations in defense of investment treaty claims. The general articles included in this volume provide analysis of balancing investor protection and regulatory freedom in international investment law. The jurisprudential interaction between ICSID tribunals and the International Court of Justice are also discussed, along with inconsistencies in investor-state awards, the role of state interpretations; old and new ways for host states to defend against investment arbitrations, and approaches and analogies in the countermeasures defense in investor-state disputes. This volume explores the political economy of crises and the international law of necessity after the great recession. In addition to this are articles on minilateral treaty-making and bilateral investment treaties; investment promotion, agencies; the trend toward open contracting; and new regulations on foreign acquisitions of land in Brazil and Argentina. This volume concludes with the winning memorials from the 2013 FDI International Moot Competition.

Table of Contents

• Submission Policy
• Contributors
• Foreword by Louis T. Wells
• Preface by the Editorial Committee
• Part One
• 1. Trends in international investment and the activities of multinational enterprises: 2013-2014
• Michael V. Gestrin
• 2. International Investment Agreements, 2013: A Review of Trends and New Approaches
• Lise Johnson and Lisa Sachs
• 3. International Investment Law and Arbitration: 2013 in Review
• Ian A. Laird, Borzu Sabahi, Frederic G. Sourgens, Nicholas J. Birch, and Kabir Duggal
• Part Two
• British Institute of International and Comparative Law
• Introduction - N. Jansen Calamita
• 4. The Principle of Proportionality and the Problem of Indeterminacy in International Investment Treaties
• N. Jansen Calamita
• 5.Proportionality, Reasonableness and Standards of Review in Investment Treaty Arbitration
• Valentina Vadi
• 6. The Role of Investors' Legitimate Expectations in Defense of Investment Treaty Claims
• Claudia Annacker
• Part Three
• GENERAL ARTICLES
• 7. Balancing investor protection and regulatory freedom in international investment law: The necessary, complex and vital search for state purpose
• Jurgen Kurtz
• 8. Jurisprudential interaction between ICSID tribunals and the International Court of Justice
• Jure Zrilic
• 9. The Migration of Constitutional Ideas: The Strange Case of Proportionality in International Investment Law and Arbitration
• Valentina Vadi
• 10. Inconsistency in Investor-State Awards and the Role of State Interpretations: the Example of the Mexican Sweetener Trio of Cases under NAFTA
• Celine Levesque
• 11. States Strike Back - Old and New Ways for Host States to Defend against Investment Arbitrations
• Lars Markert and Catharine Titi
• 12. Revisiting the Countermeasures Defense in Investor-State Disputes:
• Approach and Analogies
• Preeti Bhagnani
• 13. The Political Economy of Crises and the International Law of Necessity after the Great Recession
• Alberto Alvarez-Jimenez
• 14. Minilateral Treaty-Making in International Investment Law
• Maninder Malli
• 15. A BIT of Promotion: Bilateral Investment Treaties and Investment Promotion Agencies
• Jason Yackee
• 16. The Trend toward Open Contracting: Applicability and Implications for International Investment Agreements
• Lindsey Marchessault and Michael Jarvis
• 17. New Regulations on Foreign Acquisitions of Land in Brazil and Argentina
• Martin Delaroche
• Part Four
• Special Section
• WINNING MEMORIALS FROM THE 2013 FOREIGN DIRECT INVESTMENT INTERNATIONAL MOOT COMPETITION (FDI MOOT)
• 18. Winning Claimant's Memorial: National Law University, Delhi
• 19. Winning Respondent Memorial: University of Buenos Aires

Volume

2014-2015 ISBN 9780190612054

Description

Several themes emerge in this 2014-2015 edition of the Yearbook. The first is a notable focus on country and region-specific developments. Different articles focus on key developments in such countries as Australia, Brazil, China, Ghana, India, Indonesia, Russia, and South Africa. Others focus on regional innovations, in particular in Latin America. A second area of attention is reform, and proposals for reform, in investor-state dispute settlement and in investment law generally. The third theme is the continued concern about states' regulatory autonomy and the importance of their retaining ability to protect the interests of their nationals. A fourth theme concerns the continued contribution that investment arbitration makes to the development of international law, and the influence that it is starting to have on other areas of law, whether that is as a source of inspiration in the interpretation of other norms or as a source of potentially powerful persuasive authority given the "teeth" that investment law has with respect to enforcement. Included are the winning memorials of the FDI Moot for both 2014 and 2015. In 2014 a team from the University of Ottawa submitted the winning claimant's memorial, while students from Harvard Law School submitted the winning respondent's memorial. In 2015, Harvard repeated its stellar performance, again winning best respondent's memorial. The winning claimant's memorial in 2015 was submitted by students from the National and Kapodistrian University of Athens. These excellent memorials reveal once again the growing interest of students in international investment law and demonstrate a striving for excellence and an enthusiasm for grappling with intellectually challenging issues.

Volume

2008-2009 ISBN 9780195341577

Description

Today, international investment law consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network continues, raising a host of issues regarding international investment law and policy, especially in the area of international investment disputes. This Yearbook monitors current developments in international investment law and policy, focusing (in Part One) on trends in foreign direct investment (FDI), international investment agreements, and investment disputes, with a special look at developments in the oil and gas sector. Part Two, then, looks at central issues in the contemporary discussions on international investment law and policy. With contributions by leading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers.

Table of Contents

• Acknowledgments
• List of Contributors
• Foreword by Jeffrey D. Sachs
• Preface by David M. Schizer
• Introduction by Karl P. Sauvant
• PART ONE
• Trends and Issues in International Investment (Persa Economou, John H. Dunning, Karl P. Sauvant)
• Trends in International Investment Agreements. Balancing Investor Rights and the Right to Regulate: The Issue of National Security (Peter Muchlinski)
• Trends in International Investment Disputes: 2007 in Review (Ian H. Laird and Borzu Sabahi)
• Foreign Direct Investment in the Oil and Gas Sector (Albert Bressand)
• PART TWO
• Driving and Countervailing Forces: A Rebalancing of National FDI Policies (Karl P. Sauvant)
• The Law of International Investment: Can the Imbalance be Redressed? (Patrick Juillard)
• A Comparison of the 2004 and 1994 U.S. Model BITs: Rebalancing Investor and Host Country Interests (Kenneth Vandevelde)
• Proximate Causation in International Investment Disputes (Stanimir A. Alexandrov and Joshua M. Robbins)
• Obstacles and Pathways to Consideration of the Public Interest in Investment Treaty Disputes (Charles H. Brower, II)
• The Argentine Crisis and Foreign Investors: A Glimpse into the Heart of the Investment Regime (Jose E. Alvarez and Kathryn Khamsi)
• Economic Security Defenses in International Investment Law (Andrea K. Bjorklund)
• Improving the Mechanisms for Treaty Negotiations and Investment Disputes: Competition and Choice as the Path to Quality and Legitimacy (Thomas W. Walde)
• Appendix: FDI Moot Court Winning Memorials

Volume

2009-2010 ISBN 9780199767014

Description

Today, international investment law consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network continues, raising a host of issues regarding international investment law and policy, especially in the area of international investment disputes. Yearbook monitors current developments in international investment law and policy, focusing on trends in foreign direct investment (FDI), international investment agreements, and investment disputes. The Yearbook on International Investment Law & Policy 2009-2010 also looks at central issues in the contemporary discussions on international investment law and policy. With contributions by leading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers.

Table of Contents

Submission policy Contributors Foreword by W. Michael Reisman Preface by the Editorial Committee PART ONE 1. Recent trends and issues in foreign direct investment, 2008/2009 Persephone Economou and Karl P. Sauvant 2. Trends in international investment agreements, 2008/2009: Review of the model bilateral investment treaties of Norway, South Africa and the United States Peter Muchlinski 3. International investment law and arbitration: 2008/2009 in review Ian A. Laird, Borzu Sabahi, Frederic G. Sourgens and Sobia Haque 4. Using dynamic petroleum contract clauses to manage risk in volatile markets Erlend Bakken and Tonje P. Gormley PART TWO 5. Pren Nreka v. Czech Republic. The notion of investment under bilateral investment treaties: Does investment really mean "every kind of asset"? Emmanuelle Cabrol 6. The 2006 procedural and transparency-related amendments to the ICSID Arbitration Rules: model intentions, moderate proposals, and modest returns Jarrod Wong and Jason Yackee 7. Has the time come for an ICSID code of ethics for counsel? Carolyn B. Lamm, Chiara Giorgetti and Hansel T. Pham 8. Testing the procedural limits of the ICSID annulment regime in cases against Argentina Maria Vicien-Milburn and Yulia Andreeva 9. A proposed set of arbitration rules for weaker players in investor-state arbitration Lee Caplan 10. The Lisbon Treaty and the expansion of EU competence over foreign direct investment and the implications for investor-state arbitration Armand de Mestral 11. Latent grounds in investor-state arbitration: Do international investment agreements provide a new means to enforce intellectual property rights? Christopher S. Gibson 12. Property rights for foreign capital: sovereign debt and private direct investment in times of crisis Louis T. Wells 13. Emergency measures and international investment law: how far can states go? Anne van Aaken and Jurgen Kurtz 14. The importance of BITs for foreign direct investment and political risk insurance: revisiting the evidence Lauge Skovgaard Poulsen 15. Investment treaties through a different lens: a new global regime? Jeswald W. Salacuse 16. Toward normlessness: the ravage and retreat of neo-liberalism in international investment law Muthucumaraswamy Sornarajah Special Section: Winning memorials from the 2009 foreign direct investment international moot competition (FDI Moot): Memorandum for Claimant: King's College London Memorandum for Respondent: Murdoch University

by "Nielsen BookData"

Details

• NCID: BB00693870
• ISBN:
  • 9780195341577
  • 9780199767014
  • 9780199812356
  • 9780199983025
  • 9780199386321
  • 9780190265779
  • 9780190612054
  • 9780198809722
  • 9780198830382
  • 9780198853343
• Country Code: us
• Title Language Code: eng
• Text Language Code: eng
• Place of Publication: New York
• Pages/Volumes: v.
• Size: 26 cm
• Classification:
  • LCC : K3826.3
• Subject Headings:
  • LCSH : Investments, Foreign -- Law and legislation
  • LCSH : International business enterprises -- Finance
  • LCSH : Investments, Foreign