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Vol 21 No 11 Nov/Dec 2016

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The Role of the State in Investor-State Arbitration

Edited by: Shaheeza Lalani, Rodrigo Polanco

ISBN13: 9789004282247
Published: December 2014
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £151.00



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Edited by Shaheeza Lalani and Rodrigo Polanco Lazo, The Role of the State in Investor-State Arbitration is a collection of contributions from lawyers, arbitrators and political scientists on the development of the concept of the “State” in a field that currently presents an increasing number of controversial disputes: Investor-State Arbitration.

The book analyzes the limits of the host State as a regulator, studying issues such as attribution and the role of State-Owned Enterprises and sub-State entities; the changing role of the home State in Investor-State disputes, including its direct participation in Investor-State arbitration and State to State dispute settlement; and the overall role that both home and host States can play in the improvement of Investor-State Dispute Settlement.

Subjects:
Arbitration and Dispute Resolution, International Investment Law
Contents:
FOREWORD
Shaheeza Lalani

THE ROLE OF THE STATE IN INVESTOR-STATE ARBITRATION: INTRODUCTORY REMARKS
Michael E. Schneider

PART I. STATE POWERS AND INVESTOR-STATE DISPUTE SETTLEMENT
Krista Nadakavukaren Schefer

CHAPTER 1: STATES AND FOREIGN INVESTMENT: A LAW OF THE TREATIES PERSPECTIVE
Tarcisio Gazzini

CHAPTER 2: THE REGULATORY STATE AND THE DUTY OF CONSISTENCY
Danielle Morris

CHAPTER 3: THE TRANSPLANTATION OF LEGITIMATE EXPECTATIONS IN INVESTMENT TREATY ARBITRATION: A CRITIQUE
Teerawat Wongkaew

CHAPTER 4: HOST STATES AS CLAIMANTS: CORRUPTION ALLEGATIONS
Dai Tamada

PART II. STATES AND THE INVESTOR-STATE ARBITRATION REGIME
Stephen Gelb

CHAPTER 5: THE CONCEPT OF THE STATE IN INVESTOR-STATE ARBITRATION: A SOCIAL SCIENCE PERSPECTIVE
Todd Tucker

CHAPTER 6: THE IMPACT OF INVESTMENT TREATY LAW ON HOST STATE BEHAVIOR: SOME DOCTRINAL, EMPIRICAL AND INTERDISCIPLINARY INSIGHTS
Mavluda Sattorova

CHAPTER 7: DOMESTIC DEMANDS AND INTERNATIONAL AGREEMENTS: WHAT CAUSES INVESTOR STATE DISPUTES?
Zoe Williams

CHAPTER 8: EXIT, VOICE, AND LOYALTY IN INVESTMENT TREATY ARBITRATION: A SUMMARY
Anna Katselas

CHAPTER 9: INTER-GOVERNMENTAL CONSIDERATION OF INVESTOR-STATE DISPUTE SETTLEMENT AT THE OECD-HOSTED FREEDOM OF INVESTMENT (FOI) ROUNDTABLE
David Gaukrodger

PART III. THE CHANGING ROLE OF THE STATE IN INVESTOR-STATE DISPUTES
Rodrigo Polanco Lazo

CHAPTER 10: TOWARDS A GREATER ROLE FOR STATE-TO-STATE ARBITRATION IN THE ARCHITECTURE OF INVESTMENT TREATIES?
Michele Potestà

CHAPTER 11: THE ROLE OF THE STATE AFTER AN AWARD IS RENDERED IN INVESTOR-STATE ARBITRATION
Tomonori Mizushima

CHAPTER 12: THE RETURN OF THE HOME STATE AND THE RISE OF ‘EMBEDDED’ INVESTOR-STATE ARBITRATION
Wolfgang Alschner

CHAPTER 13: ILLEGAL INVESTMENTS AND ACTIONS ATTRIBUTABLE TO A STATE UNDER INTERNATIONAL LAW 226
Sergey Usoskin

PART IV. ATTRIBUTION OF CONDUCT OF NON-STATE ORGAN ENTITIES: AN INTRODUCTION
Georgios Petrochilos

CHAPTER 14: THE EUROPEAN UNION INVESTMENT ARBITRATION REGIME AND LOCAL GOVERNMENTS: THE NEED FOR A SYNCHRONIZATION OF EFFORTS
Cornel Marian

CHAPTER 15: STATE-OWNED ENTERPRISES IN THE CURRENT REGIME OF INVESTOR-STATE ARBITRATION
Ji Li

CHAPTER 16: THE MANY FACES OF STATES IN INTERNATIONAL INVESTMENT LAW: SUPRANATIONAL ORGANIZATIONS, UNRECOGNIZED STATES AND SUB-STATE ENTITIES
Chien-Huei Wu

THE CHANGING ROLE OF THE HOME AND THE HOST STATE IN INVESTOR-STATE ARBITRATION: SOME CONCLUSIONS
Rodrigo Polanco Lazo