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International investment law has become increasingly prominent in the international legal order, spurred on by the explosion of Bilateral Investment Treaties between States and a sharp rise in international investment disputes. This rise to prominence has however not always been matched by academic reflection on the content of procedure of international investment law and its role within general international law. This volume seeks to remedy this situation by providing careful analysis of every area of international investment law and its relationship with other legal fields.
It is written in honour of one of the leading experts in the field of investment arbitration, Christoph Schreuer. The book explores specific and topical problems of international investment law and practice in a focused way. It also provides a forum for broader theoretical reflections on international investment law and its relation to general international law. The book includes chapters on jurisdictional questions, issues of procedure in investment proceedings, the relationship between investment arbitration and other forms of investment protection, problems of substantive investment law, regional aspects, interfaces between investment law and other areas of law as well as the future of the law of investment protection. Featuring contributions by many of the most prominent scholars and practitioners of investment arbitration, this work should become an indispensable tool for practitioners and academics working in the field.
Sommario
- Part I Introduction
- 1: Sir Elihu Lauterpacht: Christoph Schreuer: An Appreciation
- 2: Hanspeter Neuhold: A Tribute to Christoph Schreuer
- Part II Jurisdiction
- 3: Guido Santiago Tawil: Most Favoured Nation Clauses and Jurisdictional Clauses in Investment Treaty Arbitration
- 4: Kaj Hobér: MFN Clauses and Dispute Resolution in Investment Treaties: Have We Reached the End of the Road?
- 5: Christina Knahr: Investments 'in the Territory' of the Host State
- 6: Carolyn B. Lamm, Hansel T. Pham and Alexandra K. Meise Bay: Consent and Due Process in Multiparty Investor-State Arbitrations
- 7: Gerold Zeiler: Jurisdiction, Competence and Admissibility of Claims in ICSID Arbitration Proceedings
- 8: Anthony Sinclair: Bridging the Contract/Treaty Divide
- 9: Christoph Liebscher: Monitoring of Domestic Courts in BIT Arbitrations: A Brief Inventory of Some Issues
- Part III Procedure
- 10: Audley Sheppard: Arbitrator Independence in ICSID Arbitration
- 11: Loretta Malintoppi: Provisional Measures in Recent ICSID Proceedings: What Parties Request and What Tribunals Order
- 12: Friedl Weiss: Inherent Powers Of National and International Courts: The Practice of the Iran-US Claims Tribunal
- 13: Irmgard Marboe: ICSID Annulment Decisions: Three Generations Revisited
- 14: Ieva Kalnina and Domenico Di Pietro: The Scope of ICSID Review: Remarks on Selected Problematic Issues of ICSID Decisions
- 15: Oscar M. Garibaldi: On the Denunciation of the ICSID Convention, Consent to ICSID Jurisdiction, and the Limits of the Contract Analogy
- 16: Keyvan Rastegar: Denouncing ICSID
- 17: Andrea K. Bjorklund: State Immunity and the Enforcement of Investor-State Arbitral Awards
- 18: Stanimir A. Alexandrov: Enforcement of ICSID Awards: Articles 53 and 54 of the ICSID Convention
- Part IV Investment Arbitration and Other Forms of Investment Protection
- 19: Peter Muchlinski: The Diplomatic Protection of Foreign Investors: A Tale of Judicial Caution
- 20: Abby Cohen Smutny: Claims of Shareholders in International Investment Law
- 21: V. V. Veeder: Chancellor Wirth and the Mologales Concession 1923-1927: The German-Speaking Origins of the 1965 ICSID Convention
- Part V Substantive Investment Law
- 22: Emmanuel Gaillard: Identify or Define? Reflections on the Evolution of the Concept of Investment in ICSID Practice
- 23: Ursula Kriebaum: Local Remedies and the Standards for the Protection of Foreign Investment
- 24: Ole Spiermann: Premature Treaty Claims
- 25: María Cristina Gritón Salias: Do Umbrella Clauses apply to Unilateral Undertakings?
- 26: Michael Waibel: BIT by BIT: The Silent Liberalization of the Capital Account
- 27: Stephen M. Schwebel: The United States 2004 Model Bilateral Investment Treaty and Denial of Justice in International Law
- Part VI Regional Aspects of Investment Protection
- 28: L. Yves Fortier: The Canadian Approach to Investment Prot
Info autore
Frau Dr.med. Christina Binder ist Fachärztin für Innere Medizin und Schwerpunkt Rheumatologie.
Riassunto
International investment law has become increasingly prominent in the international legal order, spurred on by the explosion of Bilateral Investment Treaties between States and a sharp rise in international investment disputes. This rise to prominence has however not always been matched by academic reflection on the content of procedure of international investment law and its role within general international law. This volume seeks to remedy this situation by providing careful analysis of every area of international investment law and its relationship with other legal fields.
It is written in honour of one of the leading experts in the field of investment arbitration, Christoph Schreuer. The book explores specific and topical problems of international investment law and practice in a focused way. It also provides a forum for broader theoretical reflections on international investment law and its relation to general international law. The book includes chapters on jurisdictional questions, issues of procedure in investment proceedings, the relationship between investment arbitration and other forms of investment protection, problems of substantive investment law, regional aspects, interfaces between investment law and other areas of law as well as the future of the law of investment protection. Featuring contributions by many of the most prominent scholars and practitioners of investment arbitration, this work should become an indispensable tool for practitioners and academics working in the field.
