International Challenges in Investment Arbitration.

Format:

Book

Author/Creator:

Akbaba, Mesut.

Contributor:

Capurro, Giancarlo.

Series:

Routledge Research in International Economic Law Ser.

Language:

English

Subjects (All):

International commercial arbitration--Congresses.

International commercial arbitration.

Investments, Foreign (International law)--Congresses.

Investments, Foreign (International law).

Genre:

Electronic books.

Conference papers and proceedings.

Physical Description:

1 online resource (279 pages).

Place of Publication:

Milton : Routledge, 2018.

System Details:

data file

Summary:

As the proverbial workhorse of international economic law, investment arbitration is heavily relied upon around the globe. It has to cope with the demands of increasingly complex proceedings. At the same time, investment arbitration has come under close public scrutiny in the midst of heated political debate. Both of these factors have led to the field of investment protection being subject to continuous changes. Therefore, it presents an abundance of challenges in its interpretation and application. While these challenges are often deeply rooted in the doctrinal foundations of international law, they similarly surface during live arbitral proceedings. International Challenges in Investment Arbitration serves not only as a collection of recently debated issues in investment law; it also deals with the underlying fundamental questions at the intersection of investment arbitration and international law. The book is the product of the 1st Bucerius Law Journal Conference on International Investment Law & Arbitration. It combines the current state of knowledge, new perspectives on the topic as well as practical issues and will be of interest to researchers, academics and practitioners in the fields of international investment law, international economic law, regulation and comparative law.

Contents:

Cover; Half Title; Title Page; Copyright Page; Table of Contents; List of Figures; List of Tables; List of Contributors; Preface; PART I: The State in International and Investment Law; 1. Rethinking the Relevance of Customary International Law to Issues of Nationality in Investment Treaty Arbitration; A. Introduction; B. The International Recognition of Nationality: Diplomatic Protection and Investment Treaty Arbitration Compared; C. The Nature of the Rights Asserted in Diplomatic Protection and the Investment Treaty Regime; D. Concluding Remarks;

2. Investment Claims and Annexation of Territory: Where General International Law and Investment Law Collide?A. Introduction; B. Where General International Law and Investment Law Potentially Collide: The Obligation of Non-Recognition and the Territorial Application of Investment Treaties; C. Challenges for Arbitrators in Cases Involving Illegally Annexed Territory; D. Conclusion; 3. Exception Clauses in International Investment Agreements: A Case for Systemic Integration?; A. Introduction; B. Stocktaking: Exception Clauses in Recent IIAs;

C. Interpreting WTO-Like Exception Clauses with Reliance on WTO LawD. Conclusion; E. Annex: List of surveyed IIAs; 4. International Norms: A Defence in Investment Treaty Arbitration?; A. Introduction; B. Defining the Questions Relevant for the Integration of Extraneous Norms in Investment Treaty Arbitration; C. Conceptualizing the Role of Extraneous Norms in Investment Treaty Arbitration; D. Extraneous Norms and the Protection of Legitimate Expectations; E. Conclusion; 5. The Right to Regulate: Towards a (Not Entirely) New Regulatory Paradigm under Recent FTA Investment Chapters;

A. IntroductionB. The Impetus for Moving Towards Greater Precision in Treaty Drafting; C. Deconstructing the so-called 'Return of the State'; D. Convergences and Divergences between the Investment Chapters of CPTPP, CETA, and EUSFTA; E. Conclusion; PART II: Investment Arbitration and the European Legal Order; 1. A Comparative Law Approach as a Technique for Solving Conflicts between EU Law and Investment Arbitration: The Case of the ECtHR; A. Introduction; B. Comparative Law as a Method for Solving Conflicts; C. Overlaps between the ECHR and EU Law;

D. Overlaps between EU Law and Investment Treaty LawE. Comparative Observations; F. Conclusions; 2. The Energy Charter Treaty and European Union Law: Mutually Supportive Instruments for Economic Cooperation or Schizophrenia in the 'Acquis'?; A. Introduction; B. Electrabel v Hungary; C. Recommendations; D. Conclusion; 3. The Need for Intra-EU Investment Protections; A. Introduction; B. Background; C. Contrasting Protections; D. Procedural Limitations; E. Member State Proposal for an EU-Wide Investment Protection Mechanism; F. Conclusion;

Notes:

Print version record.

4. Is One Permanent Instance Enough?: A Comparison between the WTO Appellate Body and the Proposed Investment Court System.

Other Format:

Print version: Akbaba, Mesut. International Challenges in Investment Arbitration.

ISBN:

9781351580137

1351580132

OCLC:

1054063284

Access Restriction:

Restricted for use by site license.