Evolution, evaluation and future developments in international investment law : proceedings of the 10 Year Anniversary Conference of the International Investment Law Centre Cologne

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Evolution, evaluation and future developments in international investment law : proceedings of the 10 Year Anniversary Conference of the International Investment Law Centre Cologne

Stephan Hobe, Julian Scheu (eds.) ; assistant editors, Berta Boknik, Petyo Nikolov

(Studien zum internationalen Investitionsrecht, v. 38)(Schriftenreihe des International Investment Law Centre Cologne, v. 18)

Hart Pub., 2021

1st ed

  • : Hart Pub

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Evolution, evaluation and future developments

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Includes bibliographical references

Description and Table of Contents

Description

The law on the protection of foreign investments is situated at the crossroads of international law and diplomacy in the context of a globalized economy. It is therefore not surprising that investment law has undergone fundamental changes in the last decade. The exponential growth of arbitration cases has illustrated a number of complex legal and political issues that have called into question the efficiency and legitimacy of investor State dispute settlement (ISDS). Thus, even for experts in the field it is challenging to keep track with the rapid and fundamental changes of what is often described as one of the most dynamic fields of international law. Against this background, the present volume provides an 'Evolution, Evaluation, and Future Developments in International Investment Law'. World leading academics and practitioners shed light on the most important developments such as the evolution of investment law and its relationship to general international law, the practical importance of State contracts, the role of investment protection in the age of climate change, and current reform projects under the auspices of ICSID and UNCITRAL. The volume is based on six keynote speeches held at the 10 Year Anniversary Conference of the International Investment Law Centre Cologne. The keynote speeches are complemented by comments from different perspectives and thereby illustrate the ongoing exchange of thoughts between academics, counsel, arbitrators and representatives of international institutions.

Table of Contents

Introduction Stephan Hobe Chapter 1: Evolution of International Investment Law Introduction Karl-Heinz Boeckstiegel Evolution of Investment Law in Treaty Making and Arbitral Practice Christoph Schreuer Evolution of Investment Law in Treaty Making and Arbitral Practice: Comment from Counsel's Perspective Claudia Annacker Discussion moderated by Karl-Heinz Boeckstiegel Chapter 2: International Investment Law and General International Law International Investment Law and General International Law: Comments on a Special Relationship Christian J. Tams International Investment Law and General International Law: Comment from Arbitrator's Perspective Bruno Simma Discussion moderated by Patricia Nacimiento Chapter 3: Drafting of Investor-State Contracts Pitfalls to Avoid in the Drafting of Investor-State Contracts Anke Sessler Investor-State Contracts: Comment from Arbitrator's Perspective Rudolf Dolzer Discussion moderated by Christian Borris Chapter 4: Investment Protection in the Age of Climate Change Investment Protection and Sustainable Energy Projects in the Age of Climate Change: Comment from Counsel's Perspective Markus Burgstaller Comment and Discussion moderated by Markus Gabbert Chapter 5: The Amendment Process of the ICSID Arbitration Rules Amendment to the ICSID Arbitration Rules: Towards Increasing Time and Cost Efficiency Francisco Abriani Amendment of the ICSID Arbitration Rules: Comment from Counsel's Perspective Sebastian Seelmann-Eggebert Discussion moderated by Nadia Darwazeh Chapter 6: UNCITRAL Reform Process on ISDS Introduction: An Overview of Institutional Efforts Moritz Keller UNCITRAL Reform Process on ISDS Corinne Montineri UNCITRAL Reform Process on ISDS: Comment from Arbitrator's Perspective August Reinisch Discussion moderated by Moritz Keller Concluding Remarks Julian Scheu

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