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Evolution in Investment Treaty Law and Arbitration

Edited by: Chester Brown, Kate Miles

ISBN13: 9781107014688
Published: November 2011
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £113.00

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International investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century - and its exponential growth over the last decade - new levels of complexity, uncertainty and substantive expansion are emerging.

States continue to enter into investment treaties and the number of investor-State arbitration claims continues to rise. At the same time, the various participants in investment treaty arbitration are faced with increasingly difficult issues concerning the fundamental character of the investment treaty regime, the role of the actors in international investment law, the new significance of procedure in the settlement of disputes and the emergence of cross-cutting issues.

Bringing together established scholars and practitioners, as well as members of a new generation of international investment lawyers, this volume examines these developments and provides a balanced assessment of the challenges being faced in the field.

International Investment Law
Part I. Introduction
1. Introduction: evolution in investment treaty law and arbitration Chester Brown and Kate Miles

Part II. Shifts in Fundamental Character
2. Conflict and conflicts in investment treaty arbitration: ethical standards for counsel Philippe Sands
3. Recent developments in the approach to identifying an 'investment' pursuant to Article 25 of the ICSID Convention David Williams and Simon Foote
4. Investment treaty interpretation and customary investment law: preliminary remarks Martins Paparinskis
5. The public-private dualities of international investment law and arbitration Alex Mills
6. Outline of a normative framework for evaluating interpretations of investment treaty protections Jonathan Bonnitcha
7. Investment treaty arbitration as global administrative law: what this might mean in practice Daniel Kalderimis

Part III. Actors in International Investment Law
8. Sovereign wealth funds and international investment law Markus Burgstaller
9. Investor misconduct: jurisdiction, admissibility, or merits? Andrew Newcombe
10. The European Union as a global investment partner: law, policy and rhetoric in the attainment of development assistance and market liberalization Paul James Cardwell and Duncan French
11. The fair and equitable treatment standard and the circumstances of the host state Nick Gallus
12. The plea of necessity under customary international law: a critical review in light of the Argentine cases Avidan Kent and Alexandra Harrington
13. Making way for the public interest in international investment agreements Suzanne Spears
14. The participation of sub-national government units as amici curiae in international investment disputes Andrea Bjorklund

Part IV. The New Significance of Procedure
15. The new rules on participation of non-disputing parties in ICSID arbitration: blessing or curse? Christina Knahr
16. The role of procedure in the development of substantive law: the case of Section B of Chapter 11 of NAFTA Sergio Puig
17. Navigating the parallel universe of investor-state arbitrations under the UNCITRAL rules Judith Levine
18. The scope of 'amount of compensation' dispute resolution clauses in investment treaties J. Romesh Weeramantry and Claire Wilson
19. Interference by a local court and failure to enforce: actionable under a bilateral investment treaty? Andrew Stephenson, Lee Carroll and Jonathon DeBoos
20. Bias challenges in investor-state arbitration: lessons from international commercial arbitration Sam Luttrell

Part V. Engagement with Cross-Cutting Issues
21. Protecting intellectual property rights under BITs, FTAs, and TRIPS: conflicting regimes or mutual coherence? Henning Grosse Ruse-Khan
22. Stabilisation clauses and sustainable development: drafting for the future Antony Crockett
23. A new investment deal in Asia and Africa: land leases to foreign investors Anastasia Telesetsky
24. Thirst for profit: water privatisation, investment law and a human right to water Emma Truswell
25. Economic development at the core of the international investment regime Omar Garcia-Bolivar
26. Regulatory chill and the threat of arbitration: a view from political science Kyla Tienhaara

Part VI. Conclusions
27. Evolution or revolution in international investment arbitration? The descent into normlessness M. Sornarajah
28. Evolution or revolution? Franklin Berman.