International Investment Law for the 21st Century Essays in Honour of Christoph Schreuer

by Binder, Christina; Kriebaum, Ursula; Reinisch, August; Wittich, Stephan

• ISBN13: 9780199571345
• ISBN10: 0199571341
• Format: Hardcover
• Copyright: 2009-09-19
• Publisher: Oxford University Press

Summary

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 honor 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.

Author Biography

Christina Binder is Assistant Professor of International Law at the University of Vienna. She is author of numerous publications in various fields of international law and comparative law. Christina Binder also works as independent consultant and legal advisor in the field of international law with special focus on international human rights law.
Ursula Kriebaum is Professor of International Law at the University of Vienna, Professorial Lecturer at the Diplomatische Akademie Wien / Vienna School of International Studies (Austria) and at the Summer Legal Studies Program of the Loyola University New Orleans College of Law; legal expert in various investment arbitrations; consultant in international human rights law; associate editor of Transnational Dispute Management.
August Reinisch is Professor of International and European Law at the University of Vienna and Professorial Lecturer at the Bologna Center of SAIS/Johns Hopkins University; Director of the LL.M. Program in International Legal Studies at the University of Vienna; Member of the ILA Committee on International Law of Foreign Investment; Arbitrator and legal expert in various investment arbitrations; Member of the Panels of Conciliators and of Arbitrators maintained by the International Centre for Settlement of Investment Disputes (ICSID); Arbitrator on the In Rem Restitution Panel according to the Austrian General Settlement Fund.
Stephan Wittich is Assistant Professor of International Law at the University of Vienna. He also teaches international law at the Bratislava School of Law and the Diplomatic Academy/Vienna School of International Studies. He is executive editor of the Austrian Review of International and European Law and has published widely in various areas of international law.

Table of Contents

Introduction1. Christoph Schreuer: an Appreciation, Elihu Lauterpacht2. A Tribute to Christoph Schreuer, Hanspeter NeuholdJurisdiction3. Most Favoured Nation Clauses and Jurisdictional Clauses in Investment Treaty Arbitration, Guido Santiago Tawil4. MFN Clauses and Dispute Resolution in Investment Treaties - Have We Reached the End of the road?, Kaj Hober5. Investments 'in the Territory' of the Host State, Christina Knahr6. Consent and Due Process in Multiparty Investor-State Arbitrations, Carolyn Lamm7. Jurisdiction, Competence and Admissibility of Claims in ICSID Arbitration Proceedings, Gerold Zeiler8. Contract Claims before Treaty Tribunals, Anthony Sinclair9. Monitoring of Domestic Courts in BIT Arbitrations. A Brief Inventory of Some Issues, Christoph LiebscherProcedure10. Arbitrator Independence in Investment Arbitration, Audley Sheppard11. Provisional Measures in Recent Proceedings: What Parties Request and What Tribunals Order, Loretta Malintoppi12. Inherent Powers in Investment Arbitration, Friedl Weiss13. ICSID Annulment Decisions - 3 Generations Revisited, Irmgard Marboe14. The Scope of ICSID Review and Erga Omnes Effect of Annulment Decisions. The Case of CMS v. Argentina, Ieva Kalnina & Domenico Di Pietro15. On the Denunciation of the ICSID Convention, Consent to ICSID Jurisdiction, and the Limits of the Contract Analogy, Oscar Garibaldi16. Denouncing ICSID, Keyvan Rastegar17. State Immunity and Enforcement of Arbitral Awards, Andrea Bjorklund18. Enforcement of ICSID Awards: Articles 53 and 54 of the ICSID Convention, Stanimir AlexandrovInvestment Arbitration and Other Forms of Investment Protection19. The Diplomatic Protection of Foreign Investors: a Tale of Judicial Caution, Peter T. Muchlinski20. Protection of Shareholders in International Investment Law, Commenting on the ICJ Decision in Diallo v. Congo and How it Relates to the Jurisprudence in the Investment Treaty Context, Abby Cohen Smutny21. Chancellor Wirth and the Mologoles Concession 1923-1927: the German-speaking Origins of the ICSID Convention, V. V. VeederSubstantive Investment Law22. The Notion of Investment, Emmanuel Gaillard23. Local Remedies and the Standards for the Protection of Foreign Investment, Ursula Kriebaum24. Premature Treaty Claims, Ole Spiermann25. Do Umbrella Clauses apply to Unilateral Declarations?, Maria Cristina Griton26. BIT by BIT: The Silent Liberalization of the Capital Account, Michael Waibel27. The United States Model BIT and Denial of Justice in International Law, Stephen M. SchwebelRegional Aspects of Investment Protection28. The Canadian Approach to Investment Protection: How Far Have We Come?, Yves Fortier29. Conflict of Norms Stemming from Intra-EU BITs and EU Legal Obligations: Some Remarks on Possible Solutions, Marek Wierzbowski30. Investment Rules in Regional Integration Agreements in Latin America - the Case of the Andean Pact/ Andean Community, Waldemar HummerInvestment Law and Other Fields31. The Provisional Application of the Energy Charter Treaty, Gerhard Hafner32. Changed Circumstances in Investment Law. Interfaces between the Law of Treaties and the Law of State Responsibility with a Special Focus on the Argentine Crisis, Christina Binder33. The Economic Emergency Defence in Bilateral Investment Treaties: A Development Perspective, Asif Qureshi34. The European Court of Human Rights as Investment Protection Tribunal, Christian Tomuschat35. Recent Case Law on the Protection of Property in the European Convention on Human Rights, Luzius Wildhaber & Isabelle Wildhaber36. Harmonizing Investment Protection and International Human Rights: First Steps Towards a Methodology, Bruno Simma & Theodore Kill37. The Principle of Joint Tortfeasors in Investment Arbitration, Stephan Wittich38. Interpreting Investment Treaties: Experiences and Examples, Thomas W. Wälde39. Commercial Arbitration and Investment Arbitration: Fertile Soil or False Friends?, Guiditta Cordero MossThe Future40. Continuity and Discontinuity in International Dispute Settlement, James Crawford41. Contemporary Law of Foreign Investment: Revisiting the Status of International Law, Rudolf Dolzer42. Precedent in Investment Treaty Arbitration, Andrés Rigo43. The Saga of CMS: Res Judicata, Precedent, and the Legitimacy of ICSID Arbitration, Charles Brower, Michael Ottolenghi & Peter Prows44. Compliance with Investment Treaties: When States are more likely to Breach or Comply with Investment Treaties?, Moshe Hirsch45. The Impact of Human Rights on International Investment Law and Investor-State Arbitration, Ernst-Ulrich Petersmann46. The Future of Investment Arbitration, August Reinisch