Evolution in investment treaty law and arbitration / [edited by] Chester Brown and Kate Miles.

Format:

Book

Contributor:

Brown, Chester, 1972- editor.

Miles, Kate, 1971- editor.

Language:

English

Subjects (All):

Investments, Foreign--Law and legislation.

Investments, Foreign.

International commercial arbitration.

Commercial treaties.

Physical Description:

1 online resource (xlv, 699 pages) : digital, PDF file(s).

Edition:

1st ed.

Other Title:

Evolution in Investment Treaty Law & Arbitration

Place of Publication:

Cambridge : Cambridge University Press, 2011.

Language Note:

English

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.

Contents:

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. García-Bolívar

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.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references and index.

ISBN:

1-107-22992-8

1-139-18002-9

1-283-38419-1

9786613384195

1-139-18980-8

1-139-18849-6

1-139-18387-7

1-139-19109-8

1-139-18619-1

1-139-04380-3

OCLC:

782877111