Yearbook on International Investment Law & Policy 2020

by Sachs, Lisa E.; Johnson, Lise J.; Coleman, Jesse

• ISBN13: 9780192862334
• ISBN10: 0192862332
• Format: Hardcover
• Copyright: 2022-04-25
• Publisher: Oxford University Press

Summary

The Yearbook on International Investment Law & Policy is an annual publication that provides a comprehensive overview of current developments in the international investment law and policy field, focusing on recent trends and issues in foreign direct investment (FDI), investment treaty practice, and investor-state arbitration.

The 2020 edition includes policy, thematic and regional developments from 2020 in investment law and policy, including the impacts of the COVID-19 pandemic on investment flows and governance. The chapters also raise questions relevant to the governance of investment in the context of existing and future global socio-economic and environmental crises.

Edited by an Editorial Committee and overseen by an Advisory Board of esteemed global experts in the field of international investment law, the Yearbook is an essential tool for practitioners and academics looking for a resource of timely and authoritative information in this field.

Author Biography

Lisa E. Sachs is the Director of the Columbia Center on Sustainable Investment (CCSI). Since joining CCSI in 2008, she established and now oversees CCSI's robust and interdisciplinary research portfolio and advisory work on the alignment of investment and investment policy with sustainable
development goals. She received a B.A. in Economics from Harvard University and earned her J.D. and an M.A. in International Affairs from Columbia University, where she was a James Kent Scholar and recipient of the Parker School Certificate in International and Comparative Law.

Lise J. Johnson is the Investment Law and Policy Head at the Columbia Center on Sustainable Investment (CCSI). Her work at CCSI centers on analyzing investment treaties and treaty-based investor-state arbitrations and examining the implications those instruments and cases have for host countries'
domestic policies and sustainable development strategies. She has a B.A. from Yale University, J.D. from the University of Arizona, LL.M. from Columbia Law School, and is admitted to the bar in California.

Jesse Coleman is a senior legal researcher at CCSI. She coordinates the Center's work at the intersection of human rights and investment law and works on two other focus areas at the Center: Investment Law & Policy and Land, Agriculture & Food Systems. Jesse holds a Master of Law from the University
of Cambridge, where she specialized in public international law. She received her Bachelor of Laws and a Bachelor of Arts in Political Science from Trinity College Dublin.

Craig D. Gaver is the Managing Editor of the Investment Yearbook and an Associate in the Washington, DC office of Allen & Overy LLP. His legal practice comprises international arbitration, domestic litigation with an international nexus, and diverse issues arising under public international law. Mr.
Gaver previously lived and worked in the Arabian/Persian Gulf. He holds an LL.M. from Columbia Law School and a J.D. from the Catholic University of America, Columbus School of Law.

The Columbia Center on Sustainable Investment (CCSI) is a leading convenor and contributor to high-level global dialogue among scholars, community advocates, practitioners, the business community, and government concerning international investment and sustainable development. They contribute thought
leadership and legal tools to influential global policymaking arenas focused on solving complex global challenges. They are regularly asked to present their cutting-edge research and activities in international fora and train policymakers, government negotiators, development practitioners, and civil
society leaders.

Table of Contents

PART I: Year in Review
a. Developments in Foreign Investment
1. Trends in Foreign Direct Investment Flows and Policy in 2020, Sarah Bauerle Danzman
2. Global Investment Trends Related to FDI and Investment Policy in the Context of Financing the Sustainable Development Agenda, Chris Tassis and Celine Tan
3. Taxing Multinationals Post COVID-19: From Race to the Bottom to Progressive Taxation, José Antonio Ocampo and Tommaso Faccio
4. Institutional Developments in Investment Law and Policy, Kinda Mohamadieh
5. Developments in Home State Foreign Direct Investment Policies for Responsible Investment, Anthony VanDuzer and Penelope Simons
6. Investment Facilitation Talks Among WTO Members Transition to Negotiations, Adapt to Shifting Ministerial Timeline, Sofia Baliño and Nathalie Bernasconi-Osterwalder
7. Decoupling and Political Risk: From Phase One to Coercive Economic Controls in United States-China Relations, Wouter PF Schmit Jongbloed
b. Developments in Investor-State Arbitration
8. Developments in Investment Treaty Arbitration: Jurisdiction, Admissibility, Procedure and Conduct, and Provisional Measures, Jarrod Hepburn
9. Developments in Investment Treaty Arbitration, Damien Charlotin
c. Thematic Developments in Investment Policy
10. Developments Related to Climate Change and Renewables, Pekka Niemelä and Martin Björklund
11. ISDS and Intellectual Property in 2020: Protecting Public Health in the Age of Pandemics, Rochelle Cooper Dreyfuss
12. Investment and Human Rights in the Shadow of the Pandemic: Recent Developments in 2020, Silvia Steininger
13. Investment Law and Policy in the Extractive Industries, Nicolás M. Perrone
d. Regional Reports
14. Investment Law and Policy: Overview of 2020 Developments in Africa, Sangwani Patrick Ng ambi
15. Developments in International Investment Law and Policy in the Middle East and North Africa, Ibrahim M. Amir and Craig D. Gaver
16. International Investment Law and Policy: Overview of 2020 Developments in Asia, Trinh Hai Yen and Nguyen Thi Nhung
17. Developments in International Investment Law and Policy in the European Union, Hannes Lenk
18. Developments in International Investment Law and Policy in the Americas, Fabio Morosini and Ely Caetano Xavier, Jr.
Part II: General Articles
19. Looking in on Transparency: A 2020 Review of States' Reactions to the UNCITRAL Rules on Transparency and the Mauritius Convention, Gary Shaw and Lorena Guzmán-Díaz
20. Establishing an Advisory Centre on Investment Law: What Significance for African Countries?, Rimdolmson Jonathan Kabre
21. The Corruption Defence and the Jurisdictional Consequences of Corruption Allegations in International Law and Investment Arbitration, Clara Reichenbach
Part III: Book Reviews
22. 'Beyond Legal Imagination': Nicholas M. Perrone, Investment Treaties and the Legal Imagination: How Investors Play by Their Own Rules (OUP 2021), Josef Ostranský
23. Robin Broad and John Cavanaugh, The Water Defenders: How Ordinary People Saved a Country from Corporate Greed, Luis Parada