Yearbook on International Investment Law and Policy, 2013-2014

Hardcover | September 9, 2015

byAndrea K. Bjorklund

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International investment law today consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network raises a host of issues regarding international investment law and policy,especially in the area of international investment disputes. The Yearbook on International Investment Law and Policy 2013-2014 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment (FDI). With contributions byleading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers.The 2013-2014 Yearbook begins with trends in international investment and the activities of multinational enterprises, a review of trends and new approaches in international investment agreements for 2013-2014, and a review of international investment law and arbitration for 2013. This editioncontains a sample of the research and ideas generated by the Investment Treaty Forum at the British Institute of International and Comparative Law - The Investment Treaty Forum brings together experts in international investment law to engage in high-level debate about salient topics in investmentlaw. This edition covers many important topics, such as the principle of proportionality and the problem of indeterminacy in international investment treaties; proportionality, reasonableness and standards of review in investment treaty arbitration; and the role of investors' legitimate expectations indefense of investment treaty claims. The general articles included in this volume provide analysis of balancing investor protection and regulatory freedom in international investment law. The jurisprudential interaction between ICSID tribunals and the International Court of Justice are alsodiscussed, along with inconsistencies in investor-state awards, the role of state interpretations; old and new ways for host states to defend against investment arbitrations, and approaches and analogies in the countermeasures defense in investor-state disputes. This volume explores the politicaleconomy of crises and the international law of necessity after the great recession. In addition to this are articles on minilateral treaty-making and bilateral investment treaties; investment promotion, agencies; the trend toward open contracting; and new regulations on foreign acquisitions of landin Brazil and Argentina. This volume concludes with the winning memorials from the 2013 FDI International Moot Competition.

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International investment law today consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network raises a host of issues regarding international investment law and policy,especially in the area of international investme...

Andrea Bjorklund is the L. Yves Fortier Chair in International Arbitration and International Commercial Law, McGill University Faculty of Law, Montreal, Quebec, and Senior Fellow, Vale Columbia Center on Sustainable International Investment (VCC), New York. She teaches courses in international arbitration and litigation, international...

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Hardcover|Jul 30 2014

$144.00 online$288.00list price(save 50%)
Format:HardcoverDimensions:736 pages, 10 × 7 × 0.98 inPublished:September 9, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0190265779

ISBN - 13:9780190265779

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Table of Contents

Submission PolicyContributorsLouis T. Wells: ForewordPreface by the Editorial CommitteePart One1. Michael V. Gestrin: Trends in international investment and the activities of multinational enterprises: 2013-20142. Lise Johnson and Lisa Sachs: International Investment Agreements, 2013: A Review of Trends and New Approaches3. Ian A. Laird, Borzu Sabahi, Frederic G. Sourgens, Nicholas J. Birch, and Kabir Duggal: International Investment Law and Arbitration: 2013 in ReviewPart TwoBritish Institute of International and Comparative LawN. Jansen Calamita: Introduction4. N. Jansen Calamita: The Principle of Proportionality and the Problem of Indeterminacy in International Investment Treaties5. Valentina Vadi: Proportionality, Reasonableness and Standards of Review in Investment Treaty Arbitration6. Claudia Annacker: The Role of Investors' Legitimate Expectations in Defense of Investment Treaty ClaimsPart ThreeGeneral Articles7. Jurgen Kurtz: Balancing investor protection and regulatory freedom in international investment law: The necessary, complex and vital search for state purpose8. Jure Zrilic: Jurisprudential interaction between ICSID tribunals and the International Court of Justice9. Valentina Vadi: The Migration of Constitutional Ideas: The Strange Case of Proportionality in International Investment Law and Arbitration10. Celine Levesque: Inconsistency in Investor-State Awards and the Role of State Interpretations: the Example of the Mexican Sweetener Trio of Cases under NAFTA11. Lars Markert and Catharine Titi: States Strike Back - Old and New Ways for Host States to Defend against Investment Arbitrations12. Preeti Bhagnani: Revisiting the Countermeasures Defense in Investor-State Disputes: Approach and Analogies13. Alberto Alvarez-Jimenez: The Political Economy of Crises and the International Law of Necessity after the Great Recession14. Maninder Malli: Minilateral Treaty-Making in International Investment Law15. Jason Yackee: A BIT of Promotion: Bilateral Investment Treaties and Investment Promotion Agencies16. Lindsey Marchessault and Michael Jarvis: The Trend toward Open Contracting: Applicability and Implications for International Investment Agreements17. Martin Delaroche: New Regulations on Foreign Acquisitions of Land in Brazil and ArgentinaPart FourSpecial Section: Winning Memorials From the 2013 Foreign Direct Investment International Moot Competition (FDI MOOT)18. Winning Claimant's Memorial: National Law University, Delhi19. Winning Respondent Memorial: University of Buenos Aires