Contents

pp v-viii

Contributors

pp ix-xvi

Editors' preface and acknowledgements

pp xvii-xviii

Table of cases

pp xix-xxxii

Table of Treaties

pp xxxiii-xlvi

Part I - Introduction

pp 1-2

1 - Introduction: Evolution in investment treaty law and arbitration

pp 3-16

Part II - Shifts in fundamental character

pp 17-18

2 - Conflict and conflicts in investment treaty arbitration: Ethical standards for counsel

pp 19-41

3 - Recent developments in the approach to identifying an ‘investment’ pursuant to Article 25(1) of the ICSID Convention

pp 42-64

4 - Investment treaty interpretation and customary investment law: Preliminary remarks

pp 65-96

5 - The public–private dualities of international investment law and arbitration

pp 97-116

6 - Outline of a normative framework for evaluating interpretations of investment treaty protections

pp 117-144

7 - Investment treaty arbitration as global administrative law: What this might mean in practice

pp 145-160

Part III - Actors in international investment law

pp 161-162

8 - Sovereign wealth funds and international investment law

pp 163-186

9 - Investor misconduct: Jurisdiction, admissibility or merits?

pp 187-200

10 - The European Union as a global investment partner: Law, policy and rhetoric in the attainment of development assistance and market liberalisation?

pp 201-222

11 - The ‘fair and equitable treatment’ standard and the circumstances of the host State

pp 223-245

12 - The plea of necessity under customary international law: A critical review in light of the Argentine cases

pp 246-270

13 - Making way for the public interest in international investment agreements

pp 271-297

14 - The participation of sub-national government units as amici curiae in international investment disputes

pp 298-316

Part IV - The new significance of procedure

pp 317-318

15 - The new rules on participation of non-disputing parties in ICSID arbitration: Blessing or curse?

pp 319-338

16 - The role of procedure in the development of investment law: The case of Section B of Chapter 11 of NAFTA

pp 339-368

17 - Navigating the parallel universe of investor–State arbitrations under the UNCITRAL Rules

pp 369-408

18 - The scope of ‘amount of compensation’ dispute-resolution clauses in investment treaties

pp 409-428

19 - Interference by a local court and a failure to enforce: Actionable under a bilateral investment treaty?

pp 429-444

20 - Bias challenges in investor–State arbitration: Lessons from international commercial arbitration

pp 445-482