Overview

International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law.The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime.Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.

Full Product Details

Author:   Zachary Douglas (, Associate Professor of International Law, Graduate Institute of International and Development Studies, Geneva; barrister, Matrix Chambers) ,  Joost Pauwelyn (, Professor of International Law and Co-Director of the Centre for Trade and Economic Integration, Graduate Institute of International and Development Studies, Geneva) ,  Jorge E. Viñuales (, Harold Samuel Professor of Law and Environmental Policy, University of Cambridge.)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.30cm , Height: 3.90cm , Length: 24.00cm
Weight:   1.048kg
ISBN:  

9780199685387

ISBN 10:   019968538
Pages:   586
Publication Date:   01 May 2014
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Zachary Douglas, Joost Pauwelyn, and Jorge E. Vinuales: Introduction Part I: The place of investment law among international regimes 1: Joost Pauwelyn: Regime composition, emergence, and change 2: Ursula Kriebaum: The nature of investment disciplines 3: Martins Paparinskis: Analogies and other regimes of international law 4: Moshe Hirsh: The sociology of international investment law 5: Mark Wu: Differences in regime architecture: trade vs. investment Part II: Conceptual foundations of investment law 6: Florian Grisel: Sources of investment law 7: Sergio Puig: No right without a remedy: foundations of investor-state arbitration 8: Thomas Schultz: The function of investment arbitration 9: Jorge E. Vinuales: Dissecting sovereignty 10: Zachary Douglas: Concepts of property Part III: Managing regime stress within investment law 11: Anne van Aaken: Control mechanisms 12: Alex Mills: Balancing different interests 13: Julie Maupin: Differentiation 14: Jurgen Kurtz: Normative interactions 15: Stephan Schill: Harmonising substantive law 16: Michael Waibel: Coordinating adjudication processes Zachary Douglas, Joost Pauwelyn, and Jorge E. Vinuales: Conclusions

Reviews

Overall, The Foundations of International Investment Law: Bringing Theory into Practice achieves its aim of linking theory to practice in order to resolve some of the key questions regarding the operation of IIL and investment arbitration. The collection of works is well structured with a clear focus. The quality of the contributions is high, evidenced by original contributions on a number of controversial and topical issues. This book will serve as a useful reference volume as IIL and investment arbitration develop, as their theoretical foundations will ultimately determine the direction in which IIL and investment arbitration will grow. * Edward Guntrip, The British Yearbook of International Law * The aforementioned chapters by Pauwelyn and ViA+/-uales add further substance to our present discussion by challenging nowadays outdated explanations for the readiness of states to participate in investment law by concluding and becoming a party to BITs and other investment agreements or daring to address the big elephant in the room behind the general discussion on fi nding the correct path between the right to regulate and the need for investment protection: What role for sovereignty and how, to begin with, can sovereignty be understood in this context? a Ralph Janik, Austrian Review of International and European Law

by challenging nowadays outdated explanations for the readiness of states to participate in investment law by concluding and becoming a party to BITs and other investment agreements or daring to address the big elephant in the room behind the general discussion on fi nding the correct path between the right to regulate and the need for investment protection: What role for sovereignty and how, to begin with, can sovereignty be understood in this context? a Ralph Janik, Austrian Review of International and European Law The aforementioned chapters by Pauwelyn and ViA+/-uales add further substance to our present discussion Overall, The Foundations of International Investment Law: Bringing Theory into Practice achieves its aim of linking theory to practice in order to resolve some of the key questions regarding the operation of IIL and investment arbitration. The collection of works is well structured with a clear focus. The quality of the contributions is high, evidenced by original contributions on a number of controversial and topical issues. This book will serve as a useful reference volume as IIL and investment arbitration develop, as their theoretical foundations will ultimately determine the direction in which IIL and investment arbitration will grow. * Edward Guntrip, The British Yearbook of International Law *

Overall, The Foundations of International Investment Law: Bringing Theory into Practice achieves its aim of linking theory to practice in order to resolve some of the key questions regarding the operation of IIL and investment arbitration. The collection of works is well structured with a clear focus. The quality of the contributions is high, evidenced by original contributions on a number of controversial and topical issues. This book will serve as a useful reference volume as IIL and investment arbitration develop, as their theoretical foundations will ultimately determine the direction in which IIL and investment arbitration will grow. Edward Guntrip, The British Yearbook of International Law

Author Information

Zachary Douglas is Associate Professor of International Law at the Graduate Institute of International and Development Studies in Geneva and a barrister at Matrix Chambers. Joost Pauwelyn is Professor of International Law at the Graduate Institute of International and Development Studies in Geneva. He is also Co-Director of the Centre for Trade and Economic Integration (CTEI) and Senior Advisor with the law firm of King & Spalding LLP. Jorge E. Viñuales is Harold Samuel Professor of Law and Environmental Policy at the University of Cambridge.

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