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Investment Law within International Law
Integrationist Perspectives

$42.99 (C)

Nico Schrijver, Christoph Schreuer, Gleider I. Hernández, Philipp Ambach, Moshe Hirsch, Judith Levine, Leonie Timmers, N. Jansen Calamita, Markus W. Gehring, Avidan Kent, Wolfgang Alschner, Elisabeth Tuerk, Pierre-Olivier Savoie, Diane A. Desierto, Mary E. Footer, Anastasios Gourgourinis, Ursula Kriebaum, Maria Gritsenko, Friedl Weiss, Silke Steiner, Thomas Henquet, Rumiana Yotova, Nicolas Hachez, Jan Wouters, Vid Prislan, Ralph Alexander Lorz
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  • Date Published: January 2016
  • availability: Available
  • format: Paperback
  • isbn: 9781107595897

$ 42.99 (C)

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About the Authors
  • Developments within various sub-fields of international law influence international investment law, but changes in investment law also have an impact on the evolution of other fields within international law. With contributions from leading scholars and practitioners, they examine specific links between investment law and other sub-fields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and EU law. In particular, this book scrutinizes how concepts, principles and rules developed in the context of such sub-fields could inform the content of investment law. Solutions aimed at resolving problems in other settings may provide instructive examples for addressing current problems in the field of investment law, and vice versa. The underlying question is whether key sub-fields of public international law, notably international investment law, are open to cross-fertilisation, or, whether they are evolving further into self-contained regimes.

    • Readers obtain a better insight into complex issues through the use of concrete case studies
    • Leading scholars from diverse backgrounds offer a nuanced and enriched analysis
    • Interactions between various legal regimes are scrutinised to provide an understanding of the functioning of international law
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    Reviews & endorsements

    "With no doubt, this book offers contemporary starting points for further analysis, as well as solid contributions in different topics of international investment law. This will foster discussions and that can be used to support or oppose ideas and arguments put forward in our own papers and research in this area. Altogether, this is an essential reading for all students, researchers, practitioners and scholars who face questions about the relationship between foreign investment law and other areas of international law."
    Latin American Journal of international Trade Law

    'This book is commendable for offering access to the insights of leading scholars from diverse backgrounds who discuss a subject that has not been widely explored before. Investor-state arbitrations have grown tremendously in the last two decades and this book is a mustread for practitioners, researchers, and students of investment law and international arbitration.' Cindy Fazzi, Dispute Resolution Journal

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    Product details

    • Date Published: January 2016
    • format: Paperback
    • isbn: 9781107595897
    • length: 568 pages
    • dimensions: 230 x 153 x 30 mm
    • weight: 0.85kg
    • contains: 2 b/w illus.
    • availability: Available
  • Table of Contents

    Foreword Nico Schrijver
    Part I. International Investment and Armed Conflict:
    1. The protection of investments in armed conflicts Christoph Schreuer
    2. The interaction between investment law and the law of armed conflict in the interpretation of full protection and security clauses Gleider I. Hernández
    3. International criminal responsibility of transnational corporate actors doing business in zones of armed conflict Philipp Ambach
    Part II. International Investment and Human Rights:
    4. Investment tribunals and human rights treaties: a sociological perspective Moshe Hirsch
    5. The interaction of international investment arbitration and the rights of indigenous peoples Judith Levine
    6. The protection against expropriations in Venezuela: a right to property in theory? Leonie Timmers
    7. International human rights and the interpretation of international investment treaties - constitutional considerations N. Jansen Calamita
    Part III. International Investment and Sustainable Development:
    8. International investment agreements and the emerging green economy: rising up to the challenge Markus W. Gehring and Avidan Kent
    9. The role of international investment agreements in fostering sustainable development Wolfgang Alschner and Elisabeth Tuerk
    10. Reservations, corporate social responsibility, and other mechanisms in support of sustainable development in Canada's model Foreign Investment Promotion and Protection Agreement (FIPA) Pierre-Olivier Savoie
    11. Deciding international investment agreement applicability: the development argument in investment Diane A. Desierto
    Part IV. International Investment, Trade and Developing Countries:
    12. International investment law and trade: the relationship that never went away Mary E. Footer
    13. Reviewing the administration of domestic regulation in WTO and investment law: the international minimum standard as 'one standard to rule them all'? Anastasios Gourgourinis
    14. Are investment treaty standards flexible enough to meet the needs of developing countries? Ursula Kriebaum
    15. Relevance of the host state's development status in investment treaty arbitration Maria Gritsenko
    Part V. International Investment and the European Union:
    16. The investment regime under Article 207 TFEU: a legal conundrum, the scope of 'foreign direct investment' and the future of intra-EU BITs Friedl Weiss and Silke Steiner
    17. International investment and the European Union: an uneasy relationship Thomas Henquet
    18. The new EU competence in foreign direct investment and intra-EU investment treaties: does the emperor have new clothes? Rumiana Yotova
    Part VI. Outlook: International Investment in the Twenty-First Century:
    19. International investment dispute settlement in the twenty-first century: does the preservation of the public interest require an alternative to the arbitral model? Nicolas Hachez and Jan Wouters
    20. Non-investment obligations in investment treaty arbitration - towards a greater role for states? Vid Prislan
    21. Fragmentation, consolidation and the future relationship between international investment law and general international law Ralph Alexander Lorz.

  • Editor

    Freya Baetens, Universiteit Leiden
    Freya Baetens is Assistant Professor of Public International Law at Leiden University and Visiting Professor at the World Trade Institute in Bern. Concurrently with her academic activities, she has assisted several arbitration panels and regularly contributes to the drafting of memorials and expert opinions in international dispute settlement as an associate lawyer with VVGB Advocaten/Avocats (Brussels). She has published on a wide range of topics, including treaty interpretation, state responsibility, equality, sustainable development, interaction between legal regimes, and EU external relations.


    Nico Schrijver, Christoph Schreuer, Gleider I. Hernández, Philipp Ambach, Moshe Hirsch, Judith Levine, Leonie Timmers, N. Jansen Calamita, Markus W. Gehring, Avidan Kent, Wolfgang Alschner, Elisabeth Tuerk, Pierre-Olivier Savoie, Diane A. Desierto, Mary E. Footer, Anastasios Gourgourinis, Ursula Kriebaum, Maria Gritsenko, Friedl Weiss, Silke Steiner, Thomas Henquet, Rumiana Yotova, Nicolas Hachez, Jan Wouters, Vid Prislan, Ralph Alexander Lorz

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