International Investment Law and Arbitration: Cases, Materials, and Commentary

Paperback | May 28, 2017

byAndrea K. Bjorklund, Andrew Newcombe

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This book brings together all essential documents, materials, and case law on international investment law and international investment arbitration. These extracts from the primary material are accompanied by explanatory commentary placing the documents in their wider context within theinternational investment legal system. International investment law has emerged as a dynamic area of international law, ripe with controversies over the balance between state sovereignty and investment protection, the decentralized system of international investment law, the scope of international investment agreement protections,investor-state arbitration, and the rights and obligations of international investors. This book highlights each of these controversies, providing an overview of the historical development of international investment law, its purpose, its contractual protection, and the background to investmenttreaties. It assesses the substantive obligations required by the applicable law and the key issues currently facing the field, including umbrella clauses, exceptions and defences, and reparations.The book gives a detailed overview of international dispute settlement, introducing the fundamental features of investor-state arbitrations, before demonstrating the significant jurisdictional hurdles a claimant faces in order to prosecute its claim. It explains of the difference between objectionsto jurisdiction and to admissibility, before providing an in-depth assessment of procedural issues, the enforcement of awards, and sovereign immunity. Finally, it assesses current issues in international investment law, including investment and the environment, coroporate social responsibility, andcritiques of the legitimacy of the investment treaty regime, suggesting future directions for international investment law. In addressing each of these issues the book has as its principal foundation the primary materials relevant to the topics under discussion.Presented in a clear and focused manner, this book is an essential resource for students and practitioners in the field of international investment law and arbitration.

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This book brings together all essential documents, materials, and case law on international investment law and international investment arbitration. These extracts from the primary material are accompanied by explanatory commentary placing the documents in their wider context within theinternational investment legal system. Internation...

Andrea K. Bjorklund is Professor of Law at the University of California, Davis School of Law. She is also co-rapporteur of the International Law Association's Study Group on the Role of Soft-Law Instruments in International Investment Law. Professor Bjorklund has written extensively on investor-state arbitration issues and is the co-au...

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Hardcover|Jul 30 2014

$144.00 online$288.00list price(save 50%)
Format:PaperbackDimensions:856 pages, 9.21 × 6.14 × 0.68 inPublished:May 28, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199640157

ISBN - 13:9780199640157

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Table of Contents

Part I: Context Setting1. International Investment Law: Policy and Purposes2. Historical Development of International Investment Law3. Concession Agreements and Investment Contracts4. Investment Treaties: Background, Structure, Obligations, and Dispute SettlementPart II: Applicable Law, Scope, and Substantive Obligations5. Applicable Substantive Law and Interpretation6. Investment7. Investors8. National Treatment9. Most Favored Nation Treatment10. Minimum Standards of Treatment11. Fair and Equitable Treatment12. Expropriation13. Contract v. Treaty Claims and the Umbrella Clause14. Exceptions and Defences15. ReparationsPart III: Dispute Settlement16. Basics of Dispute Settlement17. Jurisdiction in Investment Arbitration18. Jurisdiction and Admissibility19. Procedural Issues20. Control Mechanisms - Annulment and Review of Arbitral Awards21. Enforcement of Awards and Sovereign ImmunityPart IV: Issues in International Investment Law22. Investment and Labour, the Environment, and Human Rights23. International Obligations of Investors and Corporate Social Responsibility24. Critiques and Responses25. Future Directions