Ulteriori informazioni
This book identifies a paradigm shift in international investment law and enquires into how states reassert control over investment treaties.
Sommario
Part I. Introduction, Theory and Domestic Law Approaches: 1. Reassertion of control - an introduction Andreas Kulick; 2. Masters and guardians of international investment law: how to play the game of reassertion Martins Paparinskis; 3. Reassertion of control and contracting parties' domestic law responses to investment treaty arbitration: between reform, reticence and resistance Mavluda Sattorova; Part II. Procedural Aspects and Avenues of Reassertion: 4. Early dismissal of claims in investment arbitration Friedrich Rosenfeld; 5. Keeping the status quo or embarking on a new course? Setting aside, refusal of enforcement, annulment and appeal Freya Baetens; 6. State-state investment arbitration as a means of reassertion of control: from antagonism to dialogue Andreas Kulick; Part III. Substantive Aspects and Avenues of Reassertion: 7. Masters of puppets? Reassertion of control through joint investment treaty interpretation Eleni Mathymaki and Antonis Tzanakopoulos; 8. Systematic integration: an instrument for reasserting the states' control in investment arbitration? Rumiano Yotova; 9. Reasserting control through withdrawal from investment agreements: what role for the law of treaties? Fernando Lusa Bordin; 10. Legitimate regulatory interests: case law and developments in IIA practice Paul Barker; 11. State control over available remedies in investment arbitration Diane Desierto; Part IV. Reassertion of Control Policy and Trends: 12. States' reassertion of control over international investment law: (re)defining 'fair and equitable treatment' and 'indirect expropriation' Eric de Brabandere; 13. How the European Commission and EU member states are reasserting their control over their investment treaties and ISDS rules Nikos Lavranos; 14. Arbitrator selection: towards greater state control Michael Waibel; 15. Arbitrator (issue) challenge: what's the real issue? Stephen Wilske and Melanie Eckhardt.
Info autore
Andreas Kulick is a Senior Research Fellow at Eberhard-Karls-Universität Tübingen, Germany. He has published extensively on various aspects of public international law, including a previous monograph, Global Public Interest in International Investment Law (Cambridge, 2012). He has advised and represented states in various matters of public international law before international courts and tribunals, as well as before domestic courts.
Riassunto
Driven by public opinion in host states, contracting parties to investment agreements are pursuing many avenues in order to curb the powers of the investment treaty regime. This is the first book to examine the nature and efficacy of the means by which states are attempting to reassert control.
