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International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Edited by: Christina Binder, Ursula Kriebaum, August Reinisch, Stephen Wittich

ISBN13: 9780199571345
Published: May 2009
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £145.00



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International investment law has become increasingly prominent in the international legal order, spurred on by the explosion of Bilateral Investment Treaties between States and a sharp rise in international investment disputes. This rise to prominence has however not always been matched by academic reflection on the content of procedure of international investment law and its role within general international law. This volume seeks to remedy this situation by providing careful analysis of every area of international investment law and its relationship with other legal fields.

It is written in honour of one of the leading experts in the field of investment arbitration, Christoph Schreuer. The book explores specific and topical problems of international investment law and practice in a focused way. It also provides a forum for broader theoretical reflections on international investment law and its relation to general international law. The book includes chapters on jurisdictional questions, issues of procedure in investment proceedings, the relationship between investment arbitration and other forms of investment protection, problems of substantive investment law, regional aspects, interfaces between investment law and other areas of law as well as the future of the law of investment protection.

Featuring contributions by many of the most prominent scholars and practitioners of investment arbitration, this work should become an indispensable tool for practitioners and academics working in the field

Subjects:
Arbitration and Dispute Resolution, International Investment Law
Contents:
Introduction;
1. Christoph Schreuer: an Appreciation , Elihu Lauterpacht
2. A Tribute to Christoph Schreuer , Hanspeter Neuhold

Jurisdiction
3. Most Favoured Nation Clauses and Jurisdictional Clauses in Investment Treaty Arbitration , Guido Santiago Tawil
4. MFN Clauses and Dispute Resolution in Investment Treaties - Have We Reached the End of the road? , Kaj Hober
5. Investments 'in the Territory' of the Host State , Christina Knahr
6. Consent and Due Process in Multiparty Investor-State Arbitrations , Carolyn Lamm
7. Jurisdiction, Competence and Admissibility of Claims in ICSID Arbitration Proceedings , Gerold Zeiler
8. Contract Claims before Treaty Tribunals , Anthony Sinclair
9. Monitoring of Domestic Courts in BIT Arbitrations. A Brief Inventory of Some Issues , Christoph Liebscher
Procedure
10. Arbitrator Independence in Investment Arbitration , Audley Sheppard
11. Provisional Measures in Recent Proceedings: What Parties Request and What Tribunals Order , Loretta Malintoppi
12. Inherent Powers in Investment Arbitration , Friedl Weiss
13. ICSID Annulment Decisions - 3 Generations Revisited , Irmgard Marboe
14. The Scope of ICSID Review and Erga Omnes Effect of Annulment Decisions. The Case of CMS v. Argentina , Ieva Kalnina & Domenico Di Pietro
15. On the Denunciation of the ICSID Convention, Consent to ICSID Jurisdiction, and the Limits of the Contract Analogy , Oscar Garibaldi
16. Denouncing ICSID , Keyvan Rastegar
17. State Immunity and Enforcement of Arbitral Awards , Andrea Bjorklund
18. Enforcement of ICSID Awards: Articles 53 and 54 of the ICSID Convention , Stanimir Alexandrov
Investment Arbitration and Other Forms of Investment Protection
19. The Diplomatic Protection of Foreign Investors: a Tale of Judicial Caution , Peter T. Muchlinski
20. Protection of Shareholders in International Investment Law, Commenting on the ICJ Decision in Diallo v. Congo and How it Relates to the Jurisprudence in the Investment Treaty Context , Abby Cohen Smutny
21. Chancellor Wirth and the Mologoles Concession 1923-1927: the German-speaking Origins of the ICSID Convention , V. V. Veeder

Substantive Investment Law
22. The Notion of Investment , Emmanuel Gaillard
23. Local Remedies and the Standards for the Protection of Foreign Investment , Ursula Kriebaum
24. Premature Treaty Claims , Ole Spiermann
25. Do Umbrella Clauses apply to Unilateral Declarations? , Maria Cristina Griton
26. BIT by BIT: The Silent Liberalization of the Capital Account , Michael Waibel
27. The United States Model BIT and Denial of Justice in International Law , Stephen M. Schwebel
Regional Aspects of Investment Protection
28. The Canadian Approach to Investment Protection: How Far Have We Come? , Yves Fortier
29. Conflict of Norms Stemming from Intra-EU BITs and EU Legal Obligations: Some Remarks on Possible Solutions , Marek Wierzbowski
30. Investment Rules in Regional Integration Agreements in Latin America - the Case of the Andean Pact/ Andean Community , Waldemar Hummer

Investment Law and Other Fields
31. The Provisional Application of the Energy Charter Treaty , Gerhard Hafner
32. Changed Circumstances in Investment Law. Interfaces between the Law of Treaties and the Law of State Responsibility with a Special Focus on the Argentine Crisis , Christina Binder
33. The Economic Emergency Defence in Bilateral Investment Treaties: A Development Perspective , Asif Qureshi
34. The European Court of Human Rights as Investment Protection Tribunal , Christian Tomuschat
35. Recent Case Law on the Protection of Property in the European Convention on Human Rights , Luzius Wildhaber & Isabelle Wildhaber
36. Harmonizing Investment Protection and International Human Rights: First Steps Towards a Methodology , Bruno Simma & Theodore Kill
37. The Principle of Joint Tortfeasors in Investment Arbitration , Stephan Wittich
38. Interpreting Investment Treaties: Experiences and Examples , Thomas W. Wälde
39. Commercial Arbitration and Investment Arbitration: Fertile Soil or False Friends? , Guiditta Cordero Moss

The Future
40. Continuity and Discontinuity in International Dispute Settlement , James Crawford
41. Contemporary Law of Foreign Investment: Revisiting the Status of International Law , Rudolf Dolzer
42. Precedent in Investment Treaty Arbitration , Andrés Rigo
43. The Saga of CMS: Res Judicata, Precedent, and the Legitimacy of ICSID Arbitration , Charles Brower, Michael Ottolenghi & Peter Prows
44. Compliance with Investment Treaties: When States are more likely to Breach or Comply with Investment Treaties? , Moshe Hirsch
45. The Impact of Human Rights on International Investment Law and Investor-State Arbitration , Ernst-Ulrich Petersmann
46. The Future of Investment Arbitration , August Reinisch