Evolution in investment treaty law and arbitration / [edited by] Chester Brown and Kate Miles.
2011
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Details
Title
Evolution in investment treaty law and arbitration / [edited by] Chester Brown and Kate Miles.
Imprint
Cambridge : Cambridge University Press, 2011.
Description
1 online resource (xlv, 699 pages) : digital, PDF file(s)
Formatted Contents Note
Conflict and conflicts in investment treaty arbitration : ethical standards for counsel / Philippe Sands
Recent developments in the approach to identifying an 'investment' pursuant to Article 25(1) of the ICSID Convention / David A.R. Williams and Simon Foote
Investment treaty interpretation and customary investment law : preliminary remarks / Martins Paparinskis
The public-private dualities of international investment law and arbitration / Alex Mills
Outline of a normative framework for evaluating interpretations of investment treaty protections / Jonathan Bonnitcha
Investment treaty arbitration as global administrative law : what this might mean in practice / Daniel Kalderimis
Sovereign wealth funds and international investment law / Markus Burgstaller
Investor misconduct : jurisdiction, admissibility, or merits? / Andrew Newcombe
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
The fair and equitable treatment standard and the circumstances of the host state / Nick Gallus
The plea of necessity under customary international law : a critical review in light of the Argentine cases / Avidan Kent and Alexandra R. Harrington
Making way for the public interest in international investment agreements / Suzanne A. Spears
The participation of sub-national government units as amici curiae in international investment disputes / Andrea K. Bjorklund
The new rules on participation of non-disputing parties in ICSID arbitration : blessing or curse? / Christina Knahr
The role of procedure in the development of substantive law : the case of Section B of Chapter 11 of NAFTA / Sergio Puig
Navigating the parallel universe of investor-state arbitrations under the UNCITRAL rules / Judith Levine
The scope of 'amount of compensation' dispute resolution clauses in investment treaties / J. Romesh Weeramantry and Claire Wilson
Interference by a local court and failure to enforce : actionable under a bilateral investment treaty? / Andrew Stephenson, Lee Carroll and Jonathon DeBoos
Bias challenges in investor-state arbitration : lessons from international commercial arbitration / Sam Luttrell
Protecting intellectual property rights under BITs, FTAs, and TRIPS : conflicting regimes or mutual coherence? / Henning Grosse Ruse-Khan
Stabilisation clauses and sustainable development : drafting for the future / Antony Crockett
A new investment deal in Asia and Africa : land leases to foreign investors / Anastasia Telesetsky
Thirst for profit : water privatisation, investment law and a human right to water / Emma Truswell
Economic development at the core of the international investment regime / Omar E. Garci⁺ѓa-Boli⁺ѓvar
Regulatory chill and the threat of arbitration : a view from political science / Kyla Tienhaara
Evolution or revolution in international investment arbitration? The descent into normlessness / M. Sornarajah
Evolution or revolution? / Franklin Berman.
Recent developments in the approach to identifying an 'investment' pursuant to Article 25(1) of the ICSID Convention / David A.R. Williams and Simon Foote
Investment treaty interpretation and customary investment law : preliminary remarks / Martins Paparinskis
The public-private dualities of international investment law and arbitration / Alex Mills
Outline of a normative framework for evaluating interpretations of investment treaty protections / Jonathan Bonnitcha
Investment treaty arbitration as global administrative law : what this might mean in practice / Daniel Kalderimis
Sovereign wealth funds and international investment law / Markus Burgstaller
Investor misconduct : jurisdiction, admissibility, or merits? / Andrew Newcombe
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
The fair and equitable treatment standard and the circumstances of the host state / Nick Gallus
The plea of necessity under customary international law : a critical review in light of the Argentine cases / Avidan Kent and Alexandra R. Harrington
Making way for the public interest in international investment agreements / Suzanne A. Spears
The participation of sub-national government units as amici curiae in international investment disputes / Andrea K. Bjorklund
The new rules on participation of non-disputing parties in ICSID arbitration : blessing or curse? / Christina Knahr
The role of procedure in the development of substantive law : the case of Section B of Chapter 11 of NAFTA / Sergio Puig
Navigating the parallel universe of investor-state arbitrations under the UNCITRAL rules / Judith Levine
The scope of 'amount of compensation' dispute resolution clauses in investment treaties / J. Romesh Weeramantry and Claire Wilson
Interference by a local court and failure to enforce : actionable under a bilateral investment treaty? / Andrew Stephenson, Lee Carroll and Jonathon DeBoos
Bias challenges in investor-state arbitration : lessons from international commercial arbitration / Sam Luttrell
Protecting intellectual property rights under BITs, FTAs, and TRIPS : conflicting regimes or mutual coherence? / Henning Grosse Ruse-Khan
Stabilisation clauses and sustainable development : drafting for the future / Antony Crockett
A new investment deal in Asia and Africa : land leases to foreign investors / Anastasia Telesetsky
Thirst for profit : water privatisation, investment law and a human right to water / Emma Truswell
Economic development at the core of the international investment regime / Omar E. Garci⁺ѓa-Boli⁺ѓvar
Regulatory chill and the threat of arbitration : a view from political science / Kyla Tienhaara
Evolution or revolution in international investment arbitration? The descent into normlessness / M. Sornarajah
Evolution or revolution? / Franklin Berman.
Summary
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.
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Title from publisher's bibliographic system (viewed on 05 Oct 2015).
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WWW
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Alternate Title
Cambridge Core.
Language
English
ISBN
9781139043809 ebook
9781107014688 (hardback)
9781107014688 (hardback)
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