International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

Hardcover | June 15, 2009

EditorChristina Binder, Ursula Kriebaum, August Reinisch

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International investment law has become increasingly prominent in the international legal order, spurred on by the explosion of Bilateral Investment Treaties between States and a sharp rise in international investment disputes. This rise to prominence has however not always been matched byacademic reflection on the content of procedure of international investment law and its role within general international law. This volume seeks to remedy this situation by providing careful analysis of every area of international investment law and its relationship with other legal fields. It is written in honour of one of the leading experts in the field of investment arbitration, Christoph Schreuer. The book explores specific and topical problems of international investment law and practice in a focused way. It also provides a forum for broader theoretical reflections oninternational investment law and its relation to general international law. The book includes chapters on jurisdictional questions, issues of procedure in investment proceedings, the relationship between investment arbitration and other forms of investment protection, problems of substantiveinvestment law, regional aspects, interfaces between investment law and other areas of law as well as the future of the law of investment protection. Featuring contributions by many of the most prominent scholars and practitioners of investment arbitration, this work should become an indispensabletool for practitioners and academics working in the field.

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International investment law has become increasingly prominent in the international legal order, spurred on by the explosion of Bilateral Investment Treaties between States and a sharp rise in international investment disputes. This rise to prominence has however not always been matched byacademic reflection on the content of procedure...

Christina Binder is Assistant Professor of International Law at the University of Vienna. She is author of numerous publications in various fields of international law and comparative law. Christina Binder also works as independent consultant and legal advisor in the field of international law with special focus on international human...
Format:HardcoverDimensions:1040 pages, 9.69 × 6.73 × 2.43 inPublished:June 15, 2009Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199571341

ISBN - 13:9780199571345

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Table of Contents

Part I: Introduction1. Sir Elihu Lauterpacht: Christoph Schreuer: An Appreciation2. Hanspeter Neuhold: A Tribute to Christoph SchreuerPart II: Jurisdiction3. Guido Santiago Tawil: Most Favoured Nation Clauses and Jurisdictional Clauses in Investment Treaty Arbitration4. Kaj Hober: MFN Clauses and Dispute Resolution in Investment Treaties: Have We Reached the End of the Road?5. Christina Knahr: Investments 'in the Territory' of the Host State6. Carolyn B. Lamm, Hansel T. Pham and Alexandra K. Meise Bay: Consent and Due Process in Multiparty Investor-State Arbitrations7. Gerold Zeiler: Jurisdiction, Competence and Admissibility of Claims in ICSID Arbitration Proceedings8. Anthony Sinclair: Bridging the Contract/Treaty Divide9. Christoph Liebscher: Monitoring of Domestic Courts in BIT Arbitrations: A Brief Inventory of Some IssuesPart III: Procedure10. Audley Sheppard: Arbitrator Independence in ICSID Arbitration11. Loretta Malintoppi: Provisional Measures in Recent ICSID Proceedings: What Parties Request and What Tribunals Order12. Friedl Weiss: Inherent Powers Of National and International Courts: The Practice of the Iran-US Claims Tribunal13. Irmgard Marboe: ICSID Annulment Decisions: Three Generations Revisited14. Ieva Kalnina and Domenico Di Pietro: The Scope of ICSID Review: Remarks on Selected Problematic Issues of ICSID Decisions15. Oscar M. Garibaldi: On the Denunciation of the ICSID Convention, Consent to ICSID Jurisdiction, and the Limits of the Contract Analogy16. Keyvan Rastegar: Denouncing ICSID17. Andrea K. Bjorklund: State Immunity and the Enforcement of Investor-State Arbitral Awards18. Stanimir A. Alexandrov: Enforcement of ICSID Awards: Articles 53 and 54 of the ICSID ConventionPart IV: Investment Arbitration and Other Forms of Investment Protection19. Peter Muchlinski: The Diplomatic Protection of Foreign Investors: A Tale of Judicial Caution20. Abby Cohen Smutny: Claims of Shareholders in International Investment Law21. V. V. Veeder: Chancellor Wirth and the Mologales Concession 1923-1927: The German-Speaking Origins of the 1965 ICSID ConventionPart V: Substantive Investment Law22. Emmanuel Gaillard: Identify or Define? Reflections on the Evolution of the Concept of Investment in ICSID Practice23. Ursula Kriebaum: Local Remedies and the Standards for the Protection of Foreign Investment24. Ole Spiermann: Premature Treaty Claims25. Maria Cristina Griton Salias: Do Umbrella Clauses apply to Unilateral Undertakings?26. Michael Waibel: BIT by BIT: The Silent Liberalization of the Capital Account27. Stephen M. Schwebel: The United States 2004 Model Bilateral Investment Treaty and Denial of Justice in International LawPart VI: Regional Aspects of Investment Protection28. L. Yves Fortier: The Canadian Approach to Investment Protection: How Far We Have Come?29. Marek Wierzbowski and Aleksander Gubrynowicz: Conflict of Norms Stemming from Intra-EU BITs and EU Legal Obligations: Some Remarks on Possible Solutions30. Waldemar Hummer: Investment Rules in Regional Integration Agreements in Latin America: The Case of the Andean Pact/ Andean CommunityPart VII: Investment Law and Other Fields31. Gerhard Hafner: The 'Provisional Application' of the Energy Charter Treaty32. Christina Binder: Changed Circumstances in Investment Law: Interfaces between the Law of Treaties and the Law of State Responsibility with a Special Focus on the Argentine Crisis33. Asif H. Qureshi: The Economic Emergency Defence in Bilateral Investment Treaties: A Development Perspective34. Christian Tomuschat: The European Court of Human Rights and Investment Protection35. Luzius Wildhaber and Isabelle Wildhaber: Recent Case Law on the Protection of Property in the European Convention on Human Rights36. Bruno Simma and Theodore Kill: Harmonizing Investment Protection and International Human Rights: First Steps towards a Methodology37. Stephan Wittich: Joint Tortfeasors in Investment Law38. Thomas W. Walde: Interpreting Investment Treaties: Experiences and Examples39. Guiditta Cordero Moss: Commercial Arbitration and Investment Arbitration: Fertile Soil for False Friends?Part VIII: The Future40. James Crawford: Continuity and Discontinuity in International Dispute Settlement41. Rudolf Dolzer: Contemporary Law of Foreign Investment: Revisiting the Status of International Law42. Andres Rigo Sureda: Precedent in Investment Treaty Arbitration43. Charles N. Brower, Michael Ottolenghi, and Peter Prows Ottolenghi and Peter Prows: The Saga of CMS: Res Judicata, Precedent, and the Legitimacy of ICSID Arbitration44. Moshe Hirsch: Compliance with Investment Treaties: When are States more Likely to Breach or Comply with Investment Treaties?45. Ernst-Ulrich Petersmann: Human Rights, Constitutionalism, and 'Public Reason' in Investor-State Arbitration46. August Reinisch: The Future of Investment Arbitration