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Evolution in Investment Treaty Law and Arbitration

$180.00 (C)

Chester Brown, Kate Miles, Philippe Sands, David Williams, Simon Foote, Martins Paparinskis, Alex Mills, Jonathan Bonnitcha, Daniel Kalderimis, Markus Burgstaller, Andrew Newcombe, Paul James Cardwell, Duncan French, Nick Gallus, Avidan Kent, Alexandra Harrington, Suzanne Spears, Christina Knahr, Sergio Puig, Judith Levine, J. Romesh Weeramantry, Claire Wilson, Andrew Stephenson, Lee Carroll, Jonathon DeBoos, Sam Luttrell, Henning Grosse Ruse-Khan, Antony Crockett, Anastasia Telesetsky, Emma Truswell, Omar García-Bolívar, Kyla Tienhaara, M. Sornarajah, Franklin Berman
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  • Date Published: January 2012
  • availability: Available
  • format: Hardback
  • isbn: 9781107014688

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  • International investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century – and its exponential growth over the last decade – new levels of complexity, uncertainty and substantive expansion are emerging. States continue to enter into investment treaties and the number of investor-State arbitration claims continues to rise. At the same time, the various participants in investment treaty arbitration are faced with increasingly difficult issues concerning the fundamental character of the investment treaty regime, the role of the actors in international investment law, the new significance of procedure in the settlement of disputes and the emergence of cross-cutting issues. Bringing together established scholars and practitioners, as well as members of a new generation of international investment lawyers, this volume examines these developments and provides a balanced assessment of the challenges being faced in the field.

    • Provides an in-depth analysis of the current issues and challenges to the regime of investment treaty arbitration, with contributions carefully selected around a central theme
    • Identifies four critical areas of development in the 'evolution' of investment treaty law and arbitration, enabling readers to remain abreast of current issues, such as shifts in the character of investment treaty arbitration, the role of actors in the regime, the new significance of procedural issues in dispute settlement and engagement with cross-cutting issues
    • Includes contributions from established scholars, practitioners and arbitrators as well as from the new generation of academics and practitioners, thereby providing the views of those actively engaged in investment treaty arbitration, as well as commentators who are well placed to provide critical assessments of systemic issues and recent developments
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    Product details

    • Date Published: January 2012
    • format: Hardback
    • isbn: 9781107014688
    • length: 746 pages
    • dimensions: 229 x 152 x 44 mm
    • weight: 1.26kg
    • contains: 3 b/w illus. 2 tables
    • availability: Available
  • Table of Contents

    Part I. Introduction:
    1. Introduction: evolution in investment treaty law and arbitration Chester Brown and Kate Miles
    Part II. Shifts in Fundamental Character:
    2. Conflict and conflicts in investment treaty arbitration: ethical standards for counsel Philippe Sands
    3. Recent developments in the approach to identifying an 'investment' pursuant to Article 25 of the ICSID Convention David Williams and Simon Foote
    4. Investment treaty interpretation and customary investment law: preliminary remarks Martins Paparinskis
    5. The public-private dualities of international investment law and arbitration Alex Mills
    6. Outline of a normative framework for evaluating interpretations of investment treaty protections Jonathan Bonnitcha
    7. Investment treaty arbitration as global administrative law: what this might mean in practice Daniel Kalderimis
    Part III. Actors in International Investment Law:
    8. Sovereign wealth funds and international investment law Markus Burgstaller
    9. Investor misconduct: jurisdiction, admissibility, or merits? Andrew Newcombe
    10. The European Union as a global investment partner: law, policy and rhetoric in the attainment of development assistance and market liberalization Paul James Cardwell and Duncan French
    11. The fair and equitable treatment standard and the circumstances of the host state Nick Gallus
    12. The plea of necessity under customary international law: a critical review in light of the Argentine cases Avidan Kent and Alexandra Harrington
    13. Making way for the public interest in international investment agreements Suzanne Spears
    14. The participation of sub-national government units as amici curiae in international investment disputes Andrea Bjorklund
    Part IV. The New Significance of Procedure:
    15. The new rules on participation of non-disputing parties in ICSID arbitration: blessing or curse? Christina Knahr
    16. The role of procedure in the development of substantive law: the case of Section B of Chapter 11 of NAFTA Sergio Puig
    17. Navigating the parallel universe of investor-state arbitrations under the UNCITRAL rules Judith Levine
    18. The scope of 'amount of compensation' dispute resolution clauses in investment treaties J. Romesh Weeramantry and Claire Wilson
    19. Interference by a local court and failure to enforce: actionable under a bilateral investment treaty? Andrew Stephenson, Lee Carroll and Jonathon DeBoos
    20. Bias challenges in investor-state arbitration: lessons from international commercial arbitration Sam Luttrell
    Part V. Engagement with Cross-Cutting Issues:
    21. Protecting intellectual property rights under BITs, FTAs, and TRIPS: conflicting regimes or mutual coherence? Henning Grosse Ruse-Khan
    22. Stabilisation clauses and sustainable development: drafting for the future Antony Crockett
    23. A new investment deal in Asia and Africa: land leases to foreign investors Anastasia Telesetsky
    24. Thirst for profit: water privatisation, investment law and a human right to water Emma Truswell
    25. Economic development at the core of the international investment regime Omar García-Bolívar
    26. Regulatory chill and the threat of arbitration: a view from political science Kyla Tienhaara
    Part VI. Conclusions:
    27. Evolution or revolution in international investment arbitration? The descent into normlessness M. Sornarajah
    28. Evolution or revolution? Franklin Berman.

  • Editors

    Chester Brown, University of Sydney
    Chester Brown is Associate Professor at the Faculty of Law, University of Sydney, and a Barrister. He is also a door tenant at Essex Court Chambers, London, and Maxwell Chambers, Singapore. He has previously worked as Assistant Legal Adviser at the Foreign and Commonwealth Office, London, and as Senior Associate in the International Law and International Arbitration Group of Clifford Chance LLP, London.

    Kate Miles, University of Sydney
    Kate Miles is a Senior Lecturer at the Faculty of Law, University of Sydney. She currently serves on the International Law Association's New Study Group on the Role of Soft Law Instruments in International Investment Law. She is also a Research Fellow of the Centre for International Sustainable Development Law, Montreal, and coordinates the International Investment Law Network for the Society of International Economic Law.

    Contributors

    Chester Brown, Kate Miles, Philippe Sands, David Williams, Simon Foote, Martins Paparinskis, Alex Mills, Jonathan Bonnitcha, Daniel Kalderimis, Markus Burgstaller, Andrew Newcombe, Paul James Cardwell, Duncan French, Nick Gallus, Avidan Kent, Alexandra Harrington, Suzanne Spears, Christina Knahr, Sergio Puig, Judith Levine, J. Romesh Weeramantry, Claire Wilson, Andrew Stephenson, Lee Carroll, Jonathon DeBoos, Sam Luttrell, Henning Grosse Ruse-Khan, Antony Crockett, Anastasia Telesetsky, Emma Truswell, Omar García-Bolívar, Kyla Tienhaara, M. Sornarajah, Franklin Berman

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