Contents

pp v-vi

List of Contributors

pp vii-x

Preface

pp xi-xii

PART I - Introduction, Theory and Domestic Law Approaches

pp 1-2

1 - Reassertion of Control: An Introduction

pp 3-29

2 - Masters and Guardians of International Investment Law: How to Play the Game of Reassertion

pp 30-52

3 - Reassertion of Control and Contracting Parties' Domestic Law Responses to Investment Treaty Arbitration: Between Reform, Reticence and Resistance

pp 53-80

PART II - Procedural Aspects and Avenues of Reassertion

pp 81-82

4 - Early Dismissal of Claims in Investment Arbitration

pp 83-102

5 - Keeping the Status Quo or Embarking on a New Course? Setting Aside, Refusal of Enforcement, Annulment and Appeal

pp 103-127

6 - State-State Investment Arbitration as a Means of Reassertion of Control: From Antagonism to Dialogue

pp 128-152

PART III - Substantive Aspects and Avenues of Reassertion

pp 153-154

7 - Masters of Puppets? Reassertion of Control through Joint Investment Treaty Interpretation

pp 155-181

8 - Systemic Integration: An Instrument for Reasserting the State's Control in Investment Arbitration?

pp 182-208

9 - Reasserting Control through Withdrawal from Investment Agreements: What Role for the Law of Treaties?

pp 209-229

10 - Legitimate Regulatory Interests: Case Law and Developments in IIA Practice

pp 230-258

11 - State Controls over Available Remedies in Investor-State Arbitration

pp 259-282

PART IV - Reassertion of Control: Policy and Trends

pp 283-284

12 - States' Reassertion of Control over International Investment Law: (Re)Defining ‘Fair and Equitable Treatment’ and ‘Indirect Expropriation’

pp 285-308

13 - How the European Commission and the EU Member States are Reasserting Their Control over Their Investment Treaties and ISDS Rules

pp 309-332

14 - Arbitrator Selection: Towards Greater State Control

pp 333-355

15 - Arbitrator (Issue) Challenge:What's the Real Issue?

pp 356-381

Index

pp 382-398