Shifting Paradigms in International Investment Law More Balanced, Less Isolated, Increasingly Diversified

by Hindelang, Steffen; Krajewski, Markus

• ISBN13: 9780198738428
• ISBN10: 0198738420
• Format: Hardcover
• Copyright: 2016-03-21
• Publisher: Oxford University Press

Summary

International investment law is in transition. Whereas the prevailing mindset has always been the protection of the economic interests of individual investors, new developments in international investment law have brought about a paradigm shift. There is now more than ever before an interest in a more inclusive, transparent, and public regime.

Shifting Paradigms in International Investment Law addresses these changes against the background of the UNCTAD framework to reform investment treaties. The book analyses how the investment treaty regime has changed and how it ought to be changing to reconcile private property interests and the state's duty to regulate in the public interest. In doing so, the volume tracks attempts in international investment law to recalibrate itself towards a more balanced, less isolated, and increasingly diversified regime.

The individual chapters of this edited volume address the contents of investment agreements, the system of dispute settlement, the interrelation of investment agreements with other areas of public international law, constitutional questions, and new regional perspectives from South Africa and Latin America. Together they provide an invaluable resource for scholars, practitioners, and policymakers.

Author Biography

Steffen Hindelang, Associate Professor of Constitutional and Administrative Law, Free University Berlin,Markus Krajewski, Professor of Public Law and International Law, University of Erlangen-Nuremberg

Steffen Hindelang is Associate Professor at the Free University Berlin. He has advised governments on international investment disputes and was recently invited by the European Parliament to produce a study on investor-state dispute settlement.

Markus Krajewski is Professor of Public Law and International Law at the University of Erlangen-Nuremberg. He advises international governmental and non-governmental organizations on European and international economic law and has acted as consultant in development cooperation projects.

Table of Contents

Introductory Observations, Steffen Hindelang and Markus Krajewski
I. Investment Protection and Sustainable Development: Key Issues, Giorgio Sacerdoti
II. Negotiating New Generation International Investment Agreements: New Sustainable Development Oriented Initiatives, Peter Muchlinski
III. Revising Treatment Standards: Fair and Equitable Treatment in Light of Sustainable Development, Roland Klager
IV. Expropriation in the Light of the UNCTAD Investment Policy Framework for Sustainable Development, Lukas Stifter and August Reinisch
V. Investor-State Dispute Settlement and Sustainable Development: Modest Reform, Jonathan Ketcheson
VI. The EC and UNCTAD Reform Agendas: Do They Ensure Independence, Openness, and Fairness in Investor-State Arbitration, Gus Van Harten
VII. Sustainable Development Provisions in International Trade Treaties: What Lessons for International Investment Agreements?, J. Anthony VanDuzer
VIII. Reconciling Investment Protection and Sustainable Development: A Plea for an Interpretative U-Turn, Katharina Berner
IX. Investment Protection and Sustainable Development: What Role for the Law of State Responsibility, Helmut Philipp Aust
X. Termination and Renegotiation of International Investment Agreements, Karsten Nowrot
XI. The Emergence of a New Approach to Investment Protection in South Africa, Sean Woolfrey
XII. Reliance on Alternative Methods for Investment Protection through National Laws, Investment Contracts, and Regional Institutions in Latin America, Maria Luque
XIII. Jumping Back and Forth between Domestic Courts and ISDS: Mixed Signals from the Asia-Pacific Region, Leon E. Trakman and Kunal Sharma
XIV. The 'Generalization' of International Investment Law in Constitutional Perspective, Peter-Tobias Stoll and Till Holterhus
XV. The Contribution of EU Trade Agreements to the Development of International Investment Law, Frank Hoffmeister
Concluding Remarks, Steffen Hindelang and Markus Krajewski