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International Investment Law: An Analysis of the Major Decisions

Edited by: Hélène Ruiz Fabri, Edoardo Stoppioni

ISBN13: 9781509929047
Published: May 2022
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £140.00

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Written by leading experts in the field, this collection offers a critical and comparative analysis of the existing case law on international investment law.

The book makes a topical contribution to the existing literature, showing most notably that:

  • international investment law has a longer history than that generally considered and that this history is fundamental to understanding its development;
  • international investment law is crafted today by a large number of actors. These include not only investment arbitrators, but also a variety of international and national courts and tribunals, and
  • the literature and case law in languages other than English and from different legal cultures is essential to grasp the essence of the development of the topic

This book brings together more than 40 experts from different countries and legal traditions and combines conceptual analysis and archival investigation of landmark case law to provide the reader with a fresh and innovative understanding of the breadth of international investment law.

International Investment Law
1. Introduction
Hélène Ruiz Fabri and Edoardo Stoppioni
I. Historical Roots
2. Landmark Decisions for a Pre-History of International Investment Law
Edoardo Stoppioni
3. Ad hoc Investment Arbitration Based on State Contracts: From Lena Goldfields to the Libyan Oil Arbitrations
Daniel Müller
4. The World Court's Influence on Contemporary Investment Law
Christian J. Tams and Eleni Methymaki
5. The Contribution of the Iran-United States Claims Tribunal
Bruno Simma and Cristina Hoss
6. SPP v Egypt, AAPL vs Sri Lanka: Some Revolutionary Steps?
Evelyne Lagrange
7. Sowing the Seeds of an ISDS Legitimacy Crisis? The Notorious First Wave of NAFTA Chapter 11 Awards
Robert Howse and Günes Ünüvar
8. The Argentinian Crisis Arbitrations
August Reinisch and Johannes Tropper
9. The Yukos Saga: A Story of Hidden Matryoshka Dolls
Alexandre Senegacnik
10. The Renewable Energy Arbitrations Under the Energy Charter Treaty
Danae Azaria
II. Investment Arbitration
Major Procedural Issues
11. Bifurcation and Trifurcation Decisions
Ivan Cavdarevic
12. Amicus Curae Intervention: From NAFTA to the Intra-EU Saga
Eric De Brabandere
13. Challenges Decisions in International Investment Arbitration
Chiara Giorgetti
14. Major Decisions on the Definition of Investment
Shotaro Hamamoto
15. The Concept of Protected Investor
Alexandra van der Meulen
16. Landmark Investment Cases on State Consent
Christoph Schreuer
17. Counterclaims
Andrea K. Bjorklund
Major Substantial Issues
18. The Applicable Law Saga
Franck Latty and Marina Sim
19. International Investment Tribunals and Treaty Interpretation
Elise Ruggeri Abonnat
20. Standard of Review
Joshua Paine
21. Expropriation Cases
Diane A. Desierto
22. Landmark Cases on Fair and Equitable Treatment: Empowering and Controlling Arbitrators as Law-Makers
Stephan W. Schill
23. Umbrella Clauses and Contract Claims
Benjamin Samson
24. Denial of Benefits Clause
Paul Jean Le Cannu and Luisa F. Torres
25. Non-Discrimination Clauses: Most-Favoured-Nation and National Treatment
Giorgio Sacerdoti and Niall John Moran
26. Reparation Cases: Applicable Principles in International Investment Arbitration
Irmgard Marboe
III. Other International Fora
27. The Contribution of International Commercial Arbitration to Investment Arbitration
George A. Bermann
28. The European Court of Human Rights' Case Law on International Investment Issues
Ursula Kriebaum
29. The CJEU Saga
Gillian Cahill and Daniel Sarmiento
30. The Legacy of the SADC Tribunal in International Investment Law
Henok Asmelash
31. Accountability Mechanisms and Investment Arbitration: Parallel Dynamics
Edouard Fromageau
IV. National Judges
32. International Investment Law in Indian Courts
Ridhi Kabra
33. International Investment Law in US Courts
Javier García Olmedo
34. Investment Cases in the Mexican Legal System: Willingness to Compensate, Federalism Issues, and Parallel Litigation
Guillermo J Garcia Sanchez
35. International Investment Law in African Courts
Makane Moïse Mbengue and Stefanie Schacherer
36. International Investment Law in European Courts
Dominique Hascher