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Andrea K. Bjorklund is Professor of Law at the University of California, Davis School of Law. She is also co-rapporteur of the International Law Association's Study Group on the Role of Soft-Law Instruments in International Investment Law. Professor Bjorklund has written extensively on investor-state arbitration issues and is the co-author of Investment Disputes under NAFTA: An Annotated Guide to NAFTA Chapter 11 (Kluwer, 2006).
Andrew Newcombe is Associate Professor of Law at the University of Victoria. He previously worked with the International Arbitration group at Freshfields Bruckhaus Deringer in Paris. He is the co-author of Law and Practice of Investment Treaties: Standards of Treatment (Kluwer, 2009).
Table of Contents
Part I: Context Setting 1. International Investment Law: Policy and Purposes 2. Historical Development of International Investment Law 3. Concession Agreements and Investment Contracts 4. Investment Treaties: Background, Structure, Obligations, and Dispute Settlement Part II: Applicable Law, Scope, and Substantive Obligations 5. Applicable Substantive Law and Interpretation 6. Investment 7. Investors 8. National Treatment 9. Most Favored Nation Treatment 10. Minimum Standards of Treatment 11. Fair and Equitable Treatment 12. Expropriation 13. Contract v. Treaty Claims and the Umbrella Clause 14. Exceptions and Defences 15. Reparations Part III: Dispute Settlement 16. Basics of Dispute Settlement 17. Jurisdiction in Investment Arbitration 18. Jurisdiction and Admissibility 19. Procedural Issues 20. Control Mechanisms - Annulment and Review of Arbitral Awards 21. Enforcement of Awards and Sovereign Immunity Part IV: Issues in International Investment Law 22. Investment and Labour, the Environment, and Human Rights 23. International Obligations of Investors and Corporate Social Responsibility 24. Critiques and Responses 25. Future Directions