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Investment Treaty Arbitration and International Law Volume 6

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Edited by: Ian A. Laird, Borzu Sabahi, Frederic G. Sourgens, Todd J. Weiler, Kabir Duggal

ISBN13: 9781937518288
Published: October 2013
Publisher: Juris Publishing
Country of Publication: USA
Format: Hardback
Price: £105.00



Low stock.

This publication contains the papers and proceedings of the sixth annual Juris conference on international investment arbitration which was dedicated to the question of investment protection in the Americas. The investment regime is currently undergoing a debate between those who perceive the regime to be broken and those who perceive it to work fine. This debate is best represented by the current trends in the Americas and this makes the theme of the conference both timely and important.

Inspired by CAFTA, the authors engaged the ongoing debate of whether there is a need for mechanisms for early disposition of investor-state disputes. The argument on whether a special investment court for the Americas was necessary was also undertaken. It revisited whether recent NAFTA and ICSID arbitral decisions have created a clear divide between trade, commercial and investment disputes. Finally the Panelists debated whether the authoritative interpretation of treatment standards in the context of NAFTA could be a tool to be emulated more broadly in investment protection agreements.

The four questions that the Conference addressed include:

  • Procedural Devices for Early Resolution – Success or Failure?
  • Should there be an Americas Investment Court?
  • Has Authoritative Interpretation Perverted the Treatment Standard in NAFTA?
  • Investment, Trade, Health & Environment. Is NAFTA/ CAFTA More Than A Trade Agreement?
The discussion and debate that followed is provided in this book and sure to be of tremendous value to the international business lawyer, litigation specialist or trade and investment law policy expert.

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Subjects:
Arbitration and Dispute Resolution, International Investment Law
Contents:
Introduction
Free Trade à l'Americaine -- NAFTA, DR-CAFTA and Beyond
Frédéric G. Sourgens

Profiles

Part I
Procedural Devices for Early Resolution: Success or Failure?

Chapter 1
Preliminary Objections Under CAFTA-DR: The Placebo Effect
Heather L. Bray

Chapter 2
The Benefits of Early Case Resolution in Investor-State Arbitration
Devin Bray

Chapter 3
Procedural Devices for Early Resolution: Success or Failure?
Marco Schnabl
John Crook
Natali Sequeira
Alex de Gramont
Claudia Frutos-Peterson
Mark Clodfelter

Panel Discussion

Part II
Should There Be an Americas Investment Court?

Chapter 4
Rethinking International Investment Disputes: A Proposal for An Investment Court and Tenured Judges
Ashley R. Riveira

Chapter 5
Enemy of the Good: The Case Against Abolishing Party Appointments in Investment Arbitration
Hugh Carlson

Chapter 6
Should There Be An Americas Investment Court?
Alexander Bělohlávek
David Gantz
Marinn Carlson
Charles N. Brower
Mark H. O'Donoghue

Panel Discussion

Part III
Has Authoritative Interpretation Perverted the Treatment Standard in Nafta?

Chapter 7
More Than Ten Years Later, The Note of Interpretation Has Proven Its Efficiency
Philippe Charest-Beaudry

Chapter 8
FTC Interpretation on the Standard of Treatment: A Perspective from Applicable Sources of International Law and Substantive Rights of Investors
José Antonio Rivas

Chapter 9
Has Authoritative Interpretation Perverted The Treatment Standard in NAFTA?
Joseph Profaizer
Andrea Bjorklund
Chris Ryan
Stephen Schwebel
Don Wallace

Panel Discussion

Part IV
Investment, Trade, Health and Environment.
Is NAFTA/CAFTA More Than a Trade Agreement

Chapter 10
Should Investment Treaties Be Revised To Better Protect States’ Public Interest Regulatory Activities?
Justin M. Jacinto

Chapter 11
Investment Protection and Public Regulation: The Critical Balancing Act of Investment Treaty Arbitration
Matthew Hodgson

Chapter 12
Investment, Trade, Health and Environment. Is NAFTA/CAFTA More Than A Trade Agreement?
Matthew Slater
Andrea Menaker
Anthea Roberts
Mark Kantor
Andrew D. Mitchell

Panel Discussion

Series: Investment Treaty Arbitration and International Law

Investment Treaty Arbitration and International Law Volume 5 ISBN 9781937518066
Published June 2012
Juris Publishing
£125.00
Investment Treaty Arbitration and International Law Volume 4 ISBN 9781933833880
Published March 2012
Juris Publishing
£105.00
Investment Treaty Arbitration and International Law Volume 3 ISBN 9781933833620
Published June 2010
Juris Publishing
£105.00
Investment Treaty Arbitration and International Law Volume 2 ISBN 9781933833262
Published July 2009
Juris Publishing
£105.00
Investment Treaty Arbitration and International Law Volume 1
Edited by: Todd J. Weiler
ISBN 9781933833187
Published September 2008
Juris Publishing
£105.00