General Interests of Host States in International Investment Law

Pia Acconci; Mara Valenti; Anna De Luca

doi:10.1017/CBO9781107279360

Signatory States have the right to take action in order to maintain their financial stability, stimulate economic development or further their non-economic interests (such as health, the environment and food security). However, such measures can potentially conflict with the rights of foreign investors. Regulators and policy makers must take States' international commitments toward foreign investors into account when making decisions. They must also avoid resorting to protectionism in drafting new treaties. With this tension in mind, this book offers a balanced reappraisal of bilateral treaties and regional agreements on foreign investments. The sensitive issues are examined in the light of the case law of arbitral investment tribunals and other international courts, and the analysis highlights how cross-fertilisation between trade and investment can assist in resolving conflicts.

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Contents

General Interests of Host States in International Investment Law - Half title page
pp i-i
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Series page
pp ii-iv
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General Interests of Host States in International Investment Law - Title page
pp v-v
- By Giorgio Sacerdoti, Pia Acconci, Mara Valenti, Anna De Luca
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Copyright page
pp vi-vi
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Contents
pp vii-ix
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Contributors
pp x-xiv
- By Pia Acconci, Michele Barbieri, Arno Dal Ri Junior, Paulo Potiara de Alcântara Veloso, Anna De Luca, Antonietta Di Blase, Domenico Di Pietro, Claudio Dordi, Martina Guidi, Jürgen Kurtz, Agostina Latino, Paola Mariani, Elsa Milanesi, Federico Ortino, Alessandro Perfetti, Emanuela Pistoia, Matilde Recanati, Giorgio Sacerdoti, Hai Yen Trinh, Mara Valenti, Friedl Weiss
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Editors’ preface
pp xv-xvi
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Part I - General interests of host States in the application of investment treaties
pp 1-162
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1 - The application of BITs in time of economic crisis
pp 3-25
Limits to their coverage, necessity and the relevance of WTO law
- By Giorgio Sacerdoti
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2 - The protection of general interests of host States in the application of the fair and equitable treatment standard
pp 26-57
- By Mara Valenti
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3 - Indirect expropriations and regulatory takings
pp 58-75
What role for the “legitimate expectations” of foreign investors?
- By Anna De Luca
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4 - Trade and investment law: what relations?*
pp 76-103
- By Friedl Weiss
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5 - On the evolution and slow convergence of international trade and investment law
pp 104-129
- By Jürgen Kurtz
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6 - Sovereign wealth funds as protected investors under BITs and the safeguard of the national security of host States
pp 130-162
- By Michele Barbieri
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Part II - The protection of non-investment concerns in international investment law
pp 163-262
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7 - The integration of non-investment concerns as an opportunity for the modernization of international investment law
pp 165-193
Is a multilateral approach desirable?
- By Pia Acconci
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8 - Intellectual property protection in investment agreements and public concerns
pp 194-217
- By Antonietta Di Blase
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9 - Up-keeping non-economic values in development assistance
pp 218-236
Does the World Bank practise what it preaches? Answers from the Inspection Panel
- By Agostina Latino
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10 - The protection of indigenous peoples’ concerns in World Bank-funded projects
pp 237-262
- By Martina Guidi
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Part III - The protection of general interests of host States and the EU as a new player in the investment arena
pp 263-354
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11 - The future of BITs between EU Member States
pp 265-286
Are intra-EU BITs compatible with the internal market?
- By Paola Mariani
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12 - European Union restrictions to the free movement of capital v. BITs guarantees
pp 287-307
Learning from the European Court of Justice case law
- By Elsa Milanesi
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13 - Ensuring the consistency of the EU investment policy within the EU external action
pp 308-324
The relevance of non-trade values
- By Alessandro Perfetti
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14 - Non-financial concerns in the lending policy of the European Investment Bank in context
pp 325-354
- By Emanuela Pistoia
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Part IV - The protection of general interests of host States in the trade and investment context: other regional perspectives
pp 355-396
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15 - The protection of general interests of host States in regional agreements in the Asia-Pacific Area*
pp 357-377
- By Claudio Dordi, Hai Yen Trinh
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16 - The regulation of foreign investments in Mercosur
pp 378-396
Failed attempts and challenges ahead
- By Arno Dal Ri, Paulo Potiara de Alcântara Veloso
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Part V - The protection of general interests of host States from the Italian perspective
pp 397-444
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17 - Italy’s treaty practice and case-law
pp 399-421
What balance between investors’ protection and general interests of host States?
- By Federico Ortino, Domenico Di Pietro
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18 - Diplomatic intervention and State-to-State arbitration as alternative means for the protection of foreign investments and host States’ general interests
pp 422-444
The Italian experience
- By Matilde Recanati
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