The role of the state in investor-state arbitration / edited by Shaheeza Lalani and Rodrigo Polanco Lazo.

Format:

Book

Contributor:

Lalani, Shaheeza, editor.

Polanco, Rodrigo, 1973- editor.

Series:

Nijhoff international investment law series ; Volume 3.

Nijhoff International Investment Law Series, 2351-9542 ; Volume 3.

Language:

English

Subjects (All):

International commercial arbitration.

Investments, Foreign--Law and legislation.

Investments, Foreign.

Investments, Foreign (International law).

Physical Description:

1 online resource (506 pages)

Edition:

1st ed.

Place of Publication:

Leiden, Netherlands : Brill Nijhoff, 2015.

Language Note:

English

Summary:

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.

Contents:

Preliminary Material / Shaheeza Lalani and Rodrigo Polanco Lazo

The Role of the State in Investor-State Arbitration: Introductory Remarks / Michael E. Schneider

States and Foreign Investment: A Law of the Treaties Perspective / Tarcisio Gazzini

The Regulatory State and the Duty of Consistency / Danielle Morris

The Transplantation of Legitimate Expectations in Investment Treaty Arbitration: A Critique / Teerawat Wongkaew

Host States as Claimants: Corruption Allegations / Dai Tamada

The Concept of the State in Investor-State Arbitration: A Social Science Perspective / Todd Tucker

The Impact of Investment Treaty Law on Host State Behavior: Some Doctrinal, Empirical, and Interdisciplinary Insights / Mavluda Sattorova

Domestic Demands and International Agreements: What Causes Investor State Disputes? / Zoe Williams

Exit, Voice, and Loyalty In Investment Treaty Arbitration: A Summary / Anna T. Katselas

Inter-Governmental Consideration of Investor-State Dispute Settlement at the OECD-Hosted Freedom of Investment (FOI) Roundtable / David Gaukrodger

Towards a Greater Role for State-to-State Arbitration in the Architecture of Investment Treaties? / Michele Potestà

The Role of the State after an Award is Rendered in Investor-State Arbitration / Tomonori Mizushima

The Return of the Home State and the Rise of ‘Embedded’ Investor-State Arbitration / Wolfgang Alschner

Illegal Investments and Actions Attributable to a State under International Law / Sergey Usoskin

The European Union Investment Arbitration Regime and Local Governments: The Need for a Synchronization of Efforts / Cornel Marian

State-Owned Enterprises in the Current Regime of Investor-State Arbitration / Ji Li

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

Bibliography / Shaheeza Lalani and Rodrigo Polanco Lazo

Index / Shaheeza Lalani and Rodrigo Polanco Lazo.

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on print version record.

ISBN:

90-04-28225-4

OCLC:

889577506

Publisher Number:

10.1163/9789004282254 DOI