Overview

In Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century, editors Jean E. Kalicki and Anna Joubin-Bret offer for the first time a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has generated a strong debate, usually framed by complaints about a perceived lack of legitimacy, consistency and predictability. While some ideas have been proposed for improvement, there has never before been a book systematically focusing on constructive paths forward. This volume features 38 chapters by almost 50 leading contributors, all offering concrete proposals to improve the ISDS system for the 21st century.

Full Product Details

Author:   Jean E. Kalicki ,  Anna Joubin-Bret
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   4
Dimensions:   Width: 15.50cm , Height: 4.60cm , Length: 23.50cm
Weight:   1.658kg
ISBN:  

9789004291096

ISBN 10:   9004291091
Pages:   1004
Publication Date:   12 February 2015
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Available To Order  
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Table of Contents

FOREWORD by Meg Kinnear INTRODUCTION by Anna Joubin-Bret and Jean E. Kalicki I. STRENGTHENING THE ROLE OF STATES: TREATY INTERPRETATION AND REVISING TREATY LANGUAGE 1. Delegating Interpretative Authority in Investment Treaties: The Case of Joint Administrative Commissions by Anne van Aaken 2. Lessons from International Uniform Law by Joshua Karton 3. Which Is to Be the Master? Extra-Arbitral Interpretative Procedures for IIAs by Michael Ewing-Chow and Junianto James Losari 4. Keeping Interpretation in Investment Treaty Arbitration 'on Track': The Role of State Parties by Tomoko Ishikawa 5. Travaux Preparatoires and the Legitimacy of Investor-State Arbitration by Baiju S. Vasani and Anastasiya Ugale 6. Reform of Investor-State Dispute Settlement: the U.S. Experience by Karen L. Kizer and Jeremy K. Sharpe 7. Rethinking Rights and Responsibilities in Investor-State Dispute Settlement: Some Model International Investment Agreement Provisions by Elizabeth Boomer 8. Examining the Formative Aspect of Investment Treaty Commitments: Lessons from Commercial Law and Trade Law by Locknie Hsu 9. Limiting Investor Access to Investment Arbitration: A Solution without a Problem? by Liang-Ying Tan and Amal Bouchenaki 10. Back to the Future: Contemplating a Return to the Exhaustion Rule by Daniel Kalderimis 11. ISDS Growing Pains and Responsible Adulthood by Silvia Constain II. STRUCTURAL REFORM: STATE-STATE PROCEDURES, A STANDING INVESTMENT COURT, OR AN APPELLATE MECHANISM 12. In Search of a Model for the Reform of International Investment Dispute Resolution: An Analysis of Existing International and Regional Dispute Settlement Mechanisms by Nicolette Butler 13. The Abiding Role of State-State Engagement in the Resolution of Investor-State Disputes by Theodore R. Posner and Marguerite C. Walter 14. Permanent Investment Tribunals: The Momentum is Building Up by Omar E. Garcia-Bolivar 15. The Challenges of Creating a Standing International Investment Court by Eduardo Zuleta 16. Making Impossible Investor-State Reform Possible by Luis Gonzalez Garcia 17. Appellate Mechanisms for Investment Arbitration: Worth a Second Look for the Trans-Pacific Partnership and the Proposed EU-U.S. FTA? by Barton Legum 18. Appellate Review in Investor State Arbitration by Eun Young Park 19. Reform of the Investor-State Arbitration Regime: The Appeal Proposal by Gabriel Bottini 20. Introduction of an Appellate Review Mechanism for International Investment Disputes: Expected Benefits and Remaining Tasks by Jaemin Lee 21. Why ICSID Doesn't Need an Appellate Procedure, and What to Do Instead by Kristina Andelic 22. Fragmentation and Harmonization in the ICSID Decision-Making Process by Roberto Castro de Figueiredo 23. Initial Hiccups or More? Efforts of the EU to Find Its Future Role in International Investment Law by Jan Asmus Bischoff 24. The Emperor Has No Clothes: A Critique of the Debate Over Reform of the ISDS System by J.J. Saulino and Josh Kallmer III. REFORM FROM WITHIN: CHANGING INSTITUTIONAL RULES AND ENCOURAGING INNOVATIONS BY TRIBUNALS 25. Advancing Reform at ICSID by Antonio R. Parra 26. UN Commission on International Trade Law and Multilateral Rule-making: Consensus, Sovereignty and the Role of International Organizations in the Preparation of the UNCITRAL Rules on Transparency by Julia Salasky and Corinne Montineri 27. Inter-Governmental Evaluation of Investor-State Dispute Settlement: Recent Work at the OECD-Hosted Freedom of Investment Roundtable by David Gaukrodger and Kathryn Gordon 28. The Sixth Path: Reforming Investment Law from Within by Stephan W. Schill 29. Achieving a Faster ICSID by Adam Raviv 30. Streamlining the ICSID Process: New Statistical Insights and Comparative Lessons from Other Institutions by Joongi Kim 31. Interim Costs Orders: The Tribunal's Tool to Encourage Procedural Economy by Jeffrey Sullivan and David Ingle 32. Costs in Investment Treaty Arbitration: The Case for Reform by Matthew Hodgson 33. Distinguishing Investors from Exporters under Investment Treaties by Mark Feldman 34. ICSID Treaty Counterclaims: Case Law and Treaty Evolution by Jose Antonio Rivas 35. ICSID Annulment Standards: Who Has Finally Won the Reisman v. Broches Debate of Two Decades Ago? by Nikolaos Tsolakidis 36. ICSID Annulment Reform: Are We Looking at the Right Problem? by Mallory Silberman 37. Addressing and Redressing Errors in ICSID Arbitration by Diego Brian Gosis 38. Do We Need Investment Arbitration? by Christoph Schreuer CONSOLIDATED BIBLIOGRAPHY INDEX

Reviews

...the reader will find here valuable keys for a better understanding of the numerous criticisms brought against the Investor-State Dispute Settlement System. -Adrien Foulatier, University of Paris-Ouest-Nanterre-La Defense

...the reader will find here valuable keys for a better understanding of the numerous criticisms brought against the Investor-State Dispute Settlement System. -Adrien Foulatier, University of Paris-Ouest-Nanterre-La Defense

Author Information

Jean E. Kalicki is a Partner at Arnold & Porter, LLP in Washington and New York, and an Adjunct Professor at Georgetown University Law Center. She serves as arbitrator and counsel in investment and commercial disputes and on the boards and rosters of leading arbitral institutions. Anna Joubin-Bret is an Attorney-at-law practicing in Paris. She serves as counsel, arbitrator, mediator and conciliator in international investment disputes and advises on investment policies and treaties. She is former Senior Legal Adviser for the United Nations Conference on Trade and Development.

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