Yearbook on International Investment Law & Policy 2010-2011
Series: Yearbook on International Investment Law and Policy;
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Product details:
- Publisher OUP USA
- Date of Publication 16 February 2012
- ISBN 9780199812356
- Binding Hardback
- No. of pages1088 pages
- Size 188x257x55 mm
- Weight 1996 g
- Language English 0
Categories
Short description:
The Yearbook on International Investment Law & Policy 2010-2011 monitors current developments in international investment law and policy, focusing (in Part One) on recent trends and issues in foreign direct investment (FDI). Part Two then addresses the fundamental developments in European Union policy toward bilateral investment treaties, and annexes the key official European Union documents.
MoreLong description:
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 and policy, 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 in European 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.
MoreTable of Contents:
Submission policy
Contributors
Foreword by Stephen M. Schwebel
Preface by the Editorial Committee
PART ONE
1. Recent trends and issues in foreign direct investment, 2010.
Persephone Economou and Karl P. Sauvant
2. Trends in international investment agreements, 2009/2010. Recent steps in the evolution of bilateral investment treaties and the UNCITRAL Arbitration Rules.
Edward G. Kehoe and Paul B. Maslo
3. International investment law and arbitration: 2010 in review.
Ian A. Laird, Borzu Sabahi, Frédéric G. Sourgens and Nicholas J. Birch
PART TWO
Symposium on international investment law and the European Union
Introduction to the Symposium on international investment law and the European Union
Federico Ortino
4. The external investment policy of the European Union in the light of the entry into force of the Treaty of Lisbon.
Colin Brown and Maria Alcover-Llubi?
5. New developments on the scope of the EU Common Commercial Policy under the Lisbon Treaty: Investment liberalization vs. investment protection?
Anna De Luca
6. 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 paper.
Steffen Hindelang
7. The development of EU trade and investment policies: Drawing lessons form past experiences.
Angelos Dimopoulos
ANNEX:
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 policy;
3. 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 countries;
4. Council of the European Union, Conclusions on a comprehensive European international investment policy;
5. European Parliament, Resolution on the future European international investment policy;
6. 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 articles
8. Revisiting the necessity defense: Continental Casualty v. Argentina.
José E. Alvarez and Tegan Brink
9. The limits of discretion? Self-judging emergency clauses in international investment agreements.
Michael D. Nolan and Frederic G. Sourgens
10. The interpretation of necessity clauses in bilateral investment treaties after the recent ICSID annulment decisions.
Alberto Alvarez-Jiménez
11. Ecuador's attainment of the Sumak Kawsay and the role assigned to international arbitration.
Katia Fach Gómez
12. 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 cases.
Stephan W. Schill and Yun-I Kim
13. Harmonizing climate change policy and international investment law: Threats, Challenges and opportunities.
Daniel M. Firger and Michael B. Gerrard
14. Large-scale investments in farmland: The regulatory challenge.
Olivier De Schutter and Peter Rosenblum
15. The standing of state-owned entities under investment treaties.
Mark Feldman
16. Note on third -party funding and nationality issues in investment arbitration.
Philippe Pinsolle
17. From gunboats to BITs: The evolution of modern international investment law.
O. Thomas Johnson, Jr. and Jonathan Gimblett
18. Revisiting the de-politization of investment disputes.
David Schneiderman
19. Japanese multinationals in foreign disputes: Do they behave differently, and does it matter for host countries?
Louis T. Wells and Chieko Tsuchiya
20. Comparing U.S. law and recent U.S. investment agreements: Much more similar than you might expect.
Parvan Parvanov and Mark Kantor
21. Devil in the details? The investment effects of dispute settlement variation in BITs.
Clint Peinhardt and Todd Allee
22.a. The use of quantitative methods to examine possible bias in investment arbitration.
Gus van Harten
22.b. Response: Through the looking glass: Understanding social science norms for analyzing international investment law.
Susan D. Franck, Calvin P. Garbin and Jenna M. Perkins
22.c. Reply
Gus van Harten
22.d. Rejoinder
Susan D. Franck, Calvin P. Garbin and Jenna M. Perkins
Special section
Winning Memorials from the 2010 Foreign Direct Investment International Moot Competition (FDI Moot).
Winning Memorial for Claimant: Russian Academy of Justice.
Winning Memorial for Respondent: New York University, School of Law.
