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Evolution, Evaluation and Future Developments in International Investment Law

Edited by: Stephan Hobe, Julian Scheu

ISBN13: 9781509947539
Published: April 2021
Publisher: Hart Publishing
Country of Publication: Germany
Format: Hardback
Price: £120.00

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The law on the protection of foreign investments is situated at the crossroads of international law and diplomacy in the context of a globalized economy. It is therefore not surprising that investment law has undergone fundamental changes in the last decade. The exponential growth of arbitration cases has illustrated a number of complex legal and political issues that have called into question the efficiency and legitimacy of investor State dispute settlement (ISDS). Thus, even for experts in the field it is challenging to keep track with the rapid and fundamental changes of what is often described as one of the most dynamic fields of international law.

Against this background, the present volume provides an 'Evolution, Evaluation, and Future Developments in International Investment Law'. World leading academics and practitioners shed light on the most important developments such as the evolution of investment law and its relationship to general international law, the practical importance of State contracts, the role of investment protection in the age of climate change, and current reform projects under the auspices of ICSID and UNCITRAL.

The volume is based on six keynote speeches held at the 10 Year Anniversary Conference of the International Investment Law Centre Cologne. The keynote speeches are complemented by comments from different perspectives and thereby illustrate the ongoing exchange of thoughts between academics, counsel, arbitrators and representatives of international institutions.

International Investment Law
Stephan Hobe

Chapter 1: Evolution of International Investment Law
Karl-Heinz Böckstiegel
Evolution of Investment Law in Treaty Making and Arbitral Practice
Christoph Schreuer
Evolution of Investment Law in Treaty Making and Arbitral Practice: Comment from Counsel's Perspective
Claudia Annacker
Discussion moderated by Karl-Heinz Böckstiegel

Chapter 2: International Investment Law and General International Law
International Investment Law and General International Law: Comments on a Special Relationship
Christian J. Tams
International Investment Law and General International Law: Comment from Arbitrator's Perspective
Bruno Simma
Discussion moderated by Patricia Nacimiento

Chapter 3: Drafting of Investor-State Contracts
Pitfalls to Avoid in the Drafting of Investor-State Contracts
Anke Sessler
Investor-State Contracts: Comment from Arbitrator's Perspective
Rudolf Dolzer
Discussion moderated by Christian Borris

Chapter 4: Investment Protection in the Age of Climate Change
Investment Protection and Sustainable Energy Projects in the Age of Climate Change: Comment from Counsel's Perspective
Markus Burgstaller
Comment and Discussion moderated by Markus Gabbert

Chapter 5: The Amendment Process of the ICSID Arbitration Rules
Amendment to the ICSID Arbitration Rules: Towards Increasing Time and Cost Efficiency
Francisco Abriani
Amendment of the ICSID Arbitration Rules: Comment from Counsel's Perspective
Sebastian Seelmann-Eggebert
Discussion moderated by Nadia Darwazeh

Chapter 6: UNCITRAL Reform Process on ISDS
Introduction: An Overview of Institutional Efforts
Moritz Keller
UNCITRAL Reform Process on ISDS
Corinne Montineri
UNCITRAL Reform Process on ISDS: Comment from Arbitrator's Perspective
August Reinisch
Discussion moderated by Moritz Keller

Concluding Remarks
Julian Scheu