Evolution in Investment Treaty Law and Arbitration

by Brown, Chester; Miles, Kate

• ISBN13: 9781107014688
• ISBN10: 1107014689
• Format: Hardcover
• Copyright: 2012-01-02
• Publisher: Cambridge Univ Pr

Summary

International investment law is in a state of evolution. With the advent of investor-State arbitration in the latter part of the twentieth century - and its exponential growth over the last decade - new levels of complexity, uncertainty and substantive expansion are emerging. States continue to enter into investment treaties and the number of investor-State arbitration claims continues to rise. At the same time, the various participants in investment treaty arbitration are faced with increasingly difficult issues concerning the fundamental character of the investment treaty regime, the role of the actors in international investment law, the new significance of procedure in the settlement of disputes and the emergence of cross-cutting issues. Bringing together established scholars and practitioners, as well as members of a new generation of international investment lawyers, this volume examines these developments and provides a balanced assessment of the challenges being faced in the field.

Author Biography

Chester Brown is associate professor at the faculty of law, university of sydney, and a barrister. He is also a door tenant at Essex court chambers. London, and Maxwell chambers, singapore. He has previously worked as assistant legal adviser at the foreign and commonwealth office, london, and as senior associate in the international law and international arbitration group of clifford chance LLP, London. Kate Miles is a senior lecturer at the faculty of law, university of sydney. She currently serves on the international law association's New study group on the role of soft law instruments in international investment law. She is also a research fellow of the centre for international sustainable development law. Montreal, and co-ordinates the international investment law network for the society of International Economic law.

Table of Contents

Notes on contributors	p. ix
Editors' preface and acknowledgements	p. xvii
Table of cases	p. xix
Table of treaties	p. xxxiii
Introduction	p. 1
Introduction: Evolution in investment treaty law and arbitration	p. 3
Shifts in fundamental character	p. 17
Conflict and conflicts in investment treaty arbitration: Ethical standards for counsel	p. 19
Recent developments in the approach to identifying an 'investment' pursuant to Article 25(1) of the ICSID Convention	p. 42
Investment treaty interpretation and customary investment law: Preliminary remarks	p. 65
The public-private dualities of international investment law and arbitration	p. 97
Outline of a normative framework for evaluating interpretations of investment treaty protections	p. 117
Investment treaty arbitration as global administrative law: What this might mean in practice	p. 145
Actors in international investment law	p. 161
Sovereign wealth funds and international investment law	p. 163
Investor misconduct: Jurisdiction, admissibility or merits?	p. 187
The European Union as a global investment partner: Law,policy and rhetoric in the attainment of development assistance and market liberalisation?Paul James Cardwell	p. 201
The 'fair and equitable treatment' standard and the circumstances of the host State	p. 223
The plea of necessity under customary international law: A critical review in light of the Argentine cases	p. 246
Making way for the public interest in international investment agreements	p. 271
The participation of sub-national government units as amici curiae in international investment disputes	p. 298
The new significance of procedure	p. 317
The new rules on participation of non-disputing parties in ICSID arbitration: Blessing or curse?	p. 319
The role of procedure in the development of investment law: The case of Section B of Chapter 11 of NAFTA	p. 339
Navigating the parallel universe of investor-State arbitrations 'under the Uncitral Rules	p. 369
The scope of 'amount of compensation' dispute-resolution clauses in investment treaties	p. 409
Interference by a local court and a failure to enforce: Actionable under a bilateral investment treaty?	p. 429
Bias challenges in investor-State arbitration: Lessons from international commercial arbitration	p. 445
Engagement with cross-cutting issues	p. 483
Protecting intellectual property rights under BITs, FLAs and TRIPS: Conflicting regimes or mutual coherence?	p. 485
Stabilisation clauses and sustainable development: Drafting for the future	p. 516
A new investment deal in Asia and Africa: Land leases to foreign investors	p. 539
Thirst for profit: Water privatisation, investment law and a human right to water	p. 570
Economic development at the core of the international investment regime	p. 586
Regulatory chill and the threat of arbitration: A view from political science	p. 606
	p. 629
Evolution or revolution in international investment arbitration? The descent into normlessness	p. 631
Evolution or revolution?	p. 658
Index	p. 673
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