Yearbook on International Investment Law and Policy 2010-2011

Hardcover | January 18, 2012

EditorKarl P. Sauvant

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Today, international investment law 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 continues, raising a host of issues regarding international investment law andpolicy, especially in the area of international investment disputes. This Yearbook monitors current developments in international investment law and policy, focusing (in Part One) recent trends and issues in foreign direct investment (FDI). Part Two, then addresses the fundamental developments inEuropean Union policy toward bilateral investment treaties, and helpfully annexes the key official European Union documents. With contributions by leading 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.

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Today, international investment law 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 continues, raising a host of issues regarding international investment law andpolicy, especially in the area of internati...

Karl P. Sauvant is the Executive Director of the Vale Columbia Center on Sustainable International Investment at Columbia University and Lecturer-in-law, Columbia Law School.

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Format:HardcoverDimensions:960 pages, 10 × 7 × 0.98 inPublished:January 18, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199812357

ISBN - 13:9780199812356

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Table of Contents

Submission policyContributorsStephen M. Schwebel: ForewordEditorial Committee: PrefacePart One1. Persephone Economou and Karl P. Sauvant: Recent trends and issues in foreign direct investment, 20102. Edward G. Kehoe and Paul B. Maslo: Trends in international investment agreements, 2009/2010. Recent steps in the evolution of bilateral investment treaties and the UNCITRAL Arbitration Rules3. Ian A. Laird, Borzu Sabahi, Fr.d.ric G. Sourgens and Nicholas J. Birch: International investment law and arbitration: 2010 in reviewPart TwoSymposium on international investment law and the European UnionFederico Ortino: Introduction to the Symposium on international investment law and the European Union4. Colin Brown and Maria Alcover-Llubi: The external investment policy of the European Union in the light of the entry into force of the Treaty of Lisbon5. Anna De Luca: New developments on the scope of the EU Common Commercial Policy under the Lisbon Treaty: Investment liberalization vs. investment protection?6. Steffen Hindelang: Member State BITs - There's still (some) life in the old dog yet. Incompatibility of existing Member State BITs with EU law and possible remedies: A position paper7. Angelos Dimopoulos: The development of EU trade and investment policies: Drawing lessons form past experiencesAnnex:1. Excerpts from Article 3, 206 and 207 Treaty on the Functioning of the European Union (TFEU)2. European Commission Communication, Towards a comprehensive European international investment policy3. European Commission, Proposal for a Regulation of the European Parliament and of the Council establishing transitional arrangements for bilateral investment agreements between Member States and third countries4. Council of the European Union, Conclusions on a comprehensive European international investment policy5. European Parliament, Resolution on the future European international investment policy6. European Parliament, Legislative Resolution on the proposal for a regulation of the European Parliament and of the Council establishing transitional arrangements for bilateral investment agreements between Member States and third countries (including Position of European Parliament)General articles8. Jos, E. Alvarez and Tegan Brink: Revisiting the necessity defense: Continental Casualty v. Argentina9. Michael D. Nolan and Frederic G. Sourgens: The limits of discretion? Self-judging emergency clauses in international investment agreements10. Alberto Alvarez-Jim,nez: The interpretation of necessity clauses in bilateral investment treaties after the recent ICSID annulment decisions11. Katia Fach Gcmez: Ecuador's attainment of the Sumak Kawsay and the role assigned to international arbitration12. Stephan W. Schill and Yun-I Kim: Sovereign bonds in economic crisis: Is the necessity defense under international law applicable to investor-State relations? A critical analysis of the decision by the German Constitutional Court in the Argentine bondholder cases13. Daniel M. Firger and Michael B. Gerrard: Harmonizing climate change policy and international investment law: Threats, Challenges and opportunities14. Olivier De Schutter and Peter Rosenblum: Large-scale investments in farmland: The regulatory challenge15. Mark Feldman: The standing of state-owned entities under investment treaties16. Philippe Pinsolle: Note on third -party funding and nationality issues in investment arbitration17. O. Thomas Johnson, Jr. and Jonathan Gimblett: From gunboats to BITs: The evolution of modern international investment law18. David Schneiderman: Revisiting the de-politization of investment disputes19. Louis T. Wells and Chieko Tsuchiya: Japanese multinationals in foreign disputes: Do they behave differently, and does it matter for host countries?20. Parvan Parvanov and Mark Kantor: Comparing U.S. law and recent U.S. investment agreements: Much more similar than you might expect21. Clint Peinhardt and Todd Allee: Devil in the details? The investment effects of dispute settlement variation in BITs22. Gus van Harten: a. The use of quantitative methods to examine possible bias in investment arbitrationSusan D. Franck, Calvin P. Garbin and Jenna M. Perkins: b. Response: Through the looking glass: Understanding social science norms for analyzing international investment lawGus van Harten: c. ReplySusan D. Franck, Calvin P. Garbin and Jenna M. Perkins: d. RejoinderSpecial sectionWinning Memorials from the 2010 Foreign Direct Investment International Moot Competition (FDI Moot)Winning Memorial for Claimant: Russian Academy of JusticeWinning Memorial for Respondent: New York University, School of Law