The Foundations of International Investment Law: Bringing Theory into Practice

Hardcover | June 19, 2014

EditorZachary Douglas, Joost Pauwelyn, Jorge E. Vinuales

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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 thenumber 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 thecore 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 onthe "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 ofseemingly 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 arisingin practice can be addressed by a carefully dosed resort to theory.

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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 thenumber of disputes being resolved by investm...

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 ...

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Format:HardcoverDimensions:500 pagesPublished:June 19, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019968538X

ISBN - 13:9780199685387

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Table of Contents

Zachary Douglas, Joost Pauwelyn, and Jorge E. Vinuales: IntroductionPart I: The place of investment law among international regimes1. Joost Pauwelyn: Regime composition, emergence, and change2. Ursula Kriebaum: The nature of investment disciplines3. Martins Paparinskis: Analogies and other regimes of international law4. Moshe Hirsh: The sociology of international investment law5. Mark Wu: Differences in regime architecture: trade vs. investmentPart II: Conceptual foundations of investment law6. Florian Grisel: Sources of investment law7. Sergio Puig: No right without a remedy: foundations of investor-state arbitration8. Thomas Schultz: The function of investment arbitration9. Jorge E. Vinuales: Dissecting sovereignty10. Zachary Douglas: Concepts of propertyPart III: Managing regime stress within investment law11. Anne van Aaken: Control mechanisms12. Alex Mills: Balancing different interests13. Julie Maupin: Differentiation14. Jurgen Kurtz: Normative interactions15. Stephan Schill: Harmonising substantive law16. Michael Waibel: Coordinating adjudication processesZachary Douglas, Joost Pauwelyn, and Jorge E. Vinuales: Conclusions