Overview

This two-volume collection comprises a selection of leading articles in the field of international investment law. Written by an outstanding group of policymakers, practitioners and scholars, the contributions to these volumes demonstrate the vibrant development of the field, which has become one of the most exciting and testing areas of international law. The articles reflect the broad variety and diversity of views and cover the most important key areas currently debated in international investment law, such as the nature of international investment law, types of investment protection and the principal features of dispute settlement.With an original introduction by the editor, this collection is an excellent reference for students, researchers and practitioners. 41 articles, dating from 1962 to 2011 Contributors include: A. K. Bjorklund, J. Crawford , R.Dolzer, L. Yves Fortier, E. Gaillard, M. Kinnear, J. Paulsson, C. Schreuer, B. Stern

Full Product Details

Author:   August Reinisch ,  Kenneth K.-T. Tse ,  Suzana B. Rodrigues ,  August Reinisch
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
Volume:   6
ISBN:  

9781781007433

ISBN 10:   1781007438
Pages:   1328
Publication Date:   27 June 2014
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

Volume I Contents: Acknowledgements Introduction August Reinisch PART I SOURCES OF INVESTMENT LAW 1. Ibrahim F.I. Shihata and Antonio R. Parra (1994), 'Applicable Substantive Law in Disputes Between States and Private Foreign Parties: The Case of Arbitration under the ICSID Convention' 2. Emmanuel Gaillard and Yas Banifatemi (2003), 'The Meaning of and in Article 42(1), Second Sentence, of the Washington Convention: The Role of International Law in the ICSID Choice of Law Process' 3. Kenneth J. Vandevelde (1998), 'The Political Economy of a Bilateral Investment Treaty' 4. Andrew T. Guzman (1998), 'Why LDCs Sign Treaties That Hurt Them: Explaining the Popularity of Bilateral Investment Treaties' 5. F.A. Mann (1981), 'British Treaties for the Promotion and Protection of Investments' 6. Mark Kantor (2004), 'The New Draft Model U.S. BIT: Noteworthy Developments' 7. Kaj Hober (2010), 'Investment Arbitration and the Energy Charter Treaty' 8. Sergio Puig and Meg Kinnear (2010), 'NAFTA Chapter Eleven at Fifteen: Contributions to a Systemic Approach in Investment Arbitration' 9. Peter T. Muchlinski (2000), 'The Rise and Fall of the Multilateral Agreement on Investment: Where Now?' 10. Markus Burgstaller (2009), 'European Law and Investment Treaties' 11. Marc Bungenberg (2010), 'Going Global? The EU Common Commercial Policy After Lisbon' PART II INVESTMENT PROTECTION STANDARDS 12. Patrick Juillard (2000), 'Freedom of Establishment, Freedom of Capital Movements, and Freedom of Investment' 13. G.C. Christie (1962), 'What Constitutes a Taking of Property Under International Law?' 14. Rudolf Dolzer (1986), 'Indirect Expropriation of Alien Property' 15. L. Yves Fortier and Stephen L. Drymer (2004), 'Indirect Expropriation in the Law of International Investment: I Know It When I See It, or Caveat Investor' 16. Stephen Vasciannie (2000), 'The Fair and Equitable Treatment Standard in International Investment Law and Practice' 17. Kenneth Vandevelde (2010), 'A Unified Theory of Fair and Equitable Treatment' 18. Christoph Schreuer (2010), 'Full Protection and Security' 19. Jurgen Kurtz (2009), 'The Use and Abuse of WTO Law in Investor-State Arbitration: Competition and Discontents' 20. Anthony C. Sinclair (2004), 'The Origins of the Umbrella Clause in the International Law of Investment Protection' Volume II Contents: Acknowledgements PART I INVESTMENT LAW AND STATE RESPONSIBILITY 1. James Crawford (2010), 'Investment Arbitration and the ILC Articles on State Responsibility' 2. Michael Waibel (2007), 'Two Worlds of Necessity in ICSID Arbitration: CMS and LG&E' 3. Irmgard Marboe (2006), 'Compensation and Damages in International Law. The Limits of Fair Market Value''' PART II INVESTMENT DISPUTE SETTLEMENT 4. Ibrahim F.I. Shihata (1986), 'Towards a Greater Depoliticization of Investment Disputes: The Roles of ICSID and MIGA' 5. Jan Paulsson (1995), 'Arbitration without Privity' 6. Farouk Yala (2004) 'The Notion of Investment in ICSID Case Law: A Drifting Jurisdictional Requirement? Some Unconventional Thoughts on Salini, SGS and Mihaly' 7. Brigitte Stern (2009), 'The Contours of the Notion of Protected Investment' 8. Gabriel Bottini (2008), 'Indirect Claims under the ICSID Convention' 9. Zachary Douglas (2011), 'The MFN Clause in Investment Arbitration: Treaty Interpretation Off the Rails' 10. Stephan W. Schill (2011), 'Allocating Adjudicatory Authority: Most-Favoured-Nation Clauses as a Basis of Jurisdiction - A Reply to Zachary Douglas' 11. August Reinisch (2011), 'How Narrow are Narrow Dispute Settlement Clauses in Investment Treaties?' 12. Ucheora Onwuamaegbu (2008), 'Using Treaties to Define Rules of Procedure in Investor-State Arbitration: The CAFTA Example' 13. Christina Knahr and August Reinisch (2007), 'Transparency versus Confidentiality in International Investment Arbitration - The Biwater Gauff Compromise' 14. Eric Baldwin, Mark Kantor and Michael Nolan (2006), 'Limits to Enforcement of ICSID Awards' 15. Christoph Schreuer (2011), 'From ICSID Annulment to Appeal Half Way Down the Slippery Slope' 16. Andrea K. Bjorklund (2010), 'The Promise and Peril of Arbitral Precedent: The Case of Amici Curiae' 17. Luke Nottage and Kate Miles (2009), ' Back to the Future for Investor-State Arbitrations: Revising Rules in Australia and Japan to Meet Public Interests' 18. Wei Shen (2010), 'Is This a Great Leap Forward? A Comparative Review of the Investor-State Arbitration Clause in the ASEAN-China Investment Treaty: From BIT Jurisprudential and Practical Perspectives' PART III INVESTMENT AND... ISSUES 19. James D. Fry (2007), 'International Human Rights Law in Investment Arbitration: Evidence of International Law's Unity' 20. Ole Kristian Fauchald (2006), 'International Investment Law and Environmental Protection' 21. Ursula Kriebaum (2010), 'Illegal Investments'

Reviews

'The evolution of international investment law has been one of the more dynamic developments in public international law in recent decades. Many of the key issues have been subjected to careful analysis in articles and book chapters which have become compulsory reading for those active in the field. Professor August Reinisch's edited collection gathers together these carefully selected contributions to the rich literature on international investment law in a convenient and accessible format, making these contributions easily retrievable. These volumes will be an excellent addition to the library of all scholars, practitioners and policy-makers active in the field of burgeoning field of investment treaty arbitration.' -- Chester Brown, Professor of International Law and International Arbitration, University of Sydney

'This work is an excellent example of a joint business - academic collaboration on telling the story of how a major business evolved successfully with its environment - an environment in which most businesses have found it difficult to operate and most researchers have found it a challenge to explain. Through meticulous research, the research team explains with solid facts and strong theory how a business influenced its highly complex and ambiguous political environment through developing strategic relationships. This project is a model for conducting relevant research that the management field desperately needs. It is exemplary of engaged scholarship that merges the best of scholarship and practice. Both academics and executives will find this book a treasure of ideas.' - Anne Tsui, Arizona State University, US and President, Academy of Management 2012 'This book gives full due to two areas which were totally under-researched in earlier work, namely how corporate evolution takes place and how it can proceed within a highly politicized as well as institutionalized environment. The Dynamics of Corporate Co-evolution is a remarkable statement of facts, a solid perspective on co-evolution - the way the relationships between YICT and its environments evolved together. It is an invaluable source of data on how a new container terminal became, after an initially difficult period, one of the world top-class ports largely through the initiatives of its management.' - Gustaaf De Monie University of Antwerp, Belgium 'There are two reasons for recommending this highly readable book. It offers a careful explanation of how interaction between investors, operating firms, local politicians and central administrators shapes the corporate governance of new Chinese multinationals and their contracts in a highly regulated infrastructure industry such as ports. Based on the outcome of the empirical study of China's largest container terminal, the book further convincingly argues how the interaction between firms and local politicians or central administrators specifies the missing link in co-evolution theory, namely the mechanism by which firms can convert their demand for a better fitting business environment into corresponding institutional policies. In short the book offers both additional insights into the new business system in China (and suggestions for foreign firms how to better cope with such a system), and the process by which good theory gets refined.' - Barbara Krug, Erasmus University, The Netherlands 'The dramatic progress of many societies in recent decades has rested - often without full acknowledgement - on the hybridizing of different business systems, and secondly on the flowing together of the resulting blended organizations with their political social and cultural surroundings. This is nowhere better illustrated than in China's Pearl River Delta where the long heritage of Hong Kong as a western trading outpost meets the longer heritage of China as a state-dominated society. In this book the co-evolution of the world's largest matrix of transport hubs is analysed in fine detail by another hybrid: that of world class exponents of both organization theory and the practical managing of complexity.' - Gordon Redding, INSEAD, France 'This fascinating, close range look at the co-evolution of a Chinese joint venture port operator and the dynamic political and economic environment in which it is embedded demonstrates yet again that in the right hands, theory and practice can and do inform and infuse each other. In the haystack of contemporary China books, this is a precious needle.' - Oded Shenkar, Ohio State University, US 'The Dynamics of Corporate Co-evolution provides an excellent exploration of co-evolution from the perspective of power relations within a hierarchical system. It is relevant not only to firms working within a political environment, but also useful for people working in think tanks and policy analysis. Its treatment of relationship management has universal implications.' - Huijiong Wang, The State Council, PRC

Author Information

Edited by August Reinisch, Professor Dr., Department of European, International and Comparative Law, University of Vienna, Austria

Tab Content 6

Author Website:  

Countries Available

All regions