9780199983025

Yearbook on International Investment Law & Policy 2011-2012

by
  • ISBN13:

    9780199983025

  • ISBN10:

    019998302X

  • Format: Hardcover
  • Copyright: 2013-02-22
  • Publisher: Oxford University Press

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Supplemental Materials

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Summary

Today, international investment law consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network raises a host of issues regarding international investment law and policy, especially in the area of international investment disputes. This Yearbook monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment (FDI). It then discusses regulatory and policy developments regarding FDIs in extractive industries, with an additional focus on the extent of protection afforded by international investment treaties. With contributions by leading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers. The Yearbook on International Investment Law & Policy 2011-2012 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment. It also discusses regulatory and policy developments regarding FDIs in extractive industries, with an additional focus on the extent of protection afforded by international investment treaties.

Author Biography


Karl P. Sauvant is Resident Senior Fellow and Founding Executive Director of the Vale Columbia Center on Sustainable International Investment, Senior Research Scholar and Lecturer in Law at Columbia Law School, Co- Director of the Millennium Cities Initiative, and Guest Professor at Nankai University, China. Before that, he was Director of UNCTAD's Investment Division. He is the author of The Effect of Treaties on Foreign Direct Investment (Oxford University Press, 2009 with Lisa Sachs).

Table of Contents


Submission policy
Contributors
Foreword by Brigitte Stern
Preface by the Editorial Committee

PART ONE

1. FDI trends in 2010-2011 and the challenge of investment policies for outward foreign direct investment
Persephone Economou and Karl P. Sauvant

2. International investment law and arbitration: 2011 in review
Ian A. Laird, Borzu Sabahi, Frédéric G. Sourgens, and Nicholas J. Birch

3. Trends in international investment agreements, 2010/2011: The increasing complexity of international investment law
Stephan W. Schill and Marc Jacob

PART TWO
SYMPOSIUM ON REGULATORY AND POLICY DEVELOPMENTS REGARDING FDI IN EXTRACTIVE INDUSTRIES

Introduction to symposium on regulatory and policy developments regarding FDI in extractive industries
Erlend Bakken and Andrea K. Bjorklund

4. The International Bar Association Model Mine Development Agreement project: A step toward better practice and better development results
Luke J. Danielson and Mark D. Phillips

5. Legal mechanisms for increased transparency in the extractive industries
Tonje P. Gormley

6. Reconfiguring investment contracts to promote sustainable development
Lorenzo Cotula and Kyla Tienhaara

7. Reflections on sovereignty over natural resources and the enforcement of stabilization clauses
Peter D. Cameron

8. Impacts of fiscal reforms on country attractiveness: Learning from the facts
Lisa E. Sachs, Perrine Toledano, Jacky Mandelbaum, with James Otto

9. Arbitration in long-term international petroleum contracts: The "internationalization" of the applicable law
Ivar Alvik

GENERAL ARTICLES

10. The Argentine annulments: The uneasy application of ICSID article 52 in parallel claims
Leah D. Harhay

11. How may tribunals apply the customary necessity rule to the Argentine cases? An analysis of ICSID decisions with respect to the interaction between article XI of the U.S.-Argentina BIT and the customary rule of necessity
Javier El-Hage

12. Leviathan on life-support? Restructuring sovereign debt and international investment protection after Abaclat
Michael D. Nolan, Frédéric G. Sourgens, and Hugh Carlson

13. Standards of review and reviewing standards: Public interest regulation in international investment law
Rahim Moloo and Justin M. Jacinto

14. How to impose human rights obligations on corporations under investment treaties? Pragmatic guidelines for the amendment of BITs
Patrick Dumberry and Gabrielle Dumas-Aubin

15. Upholding corrupt investors' claims against complicit or compliant host states Where angels should not fear to tread
Kevin Lim

16. An economic analysis of the substantive protections provided by investment treaties
Jonathan Bonnitcha and Emma Aisbett

17. Converging divergences: The rise of Chinese outward foreign investment and its implications for international (investment) law
Valentina S. Vadi

SPECIAL SECTION

WINNING MEMORIALS FROM THE 2011 FOREIGN DIRECT INVESTMENT INTERNATIONAL MOOT COMPETITION (FDI MOOT)

Winning Claimant Memorial: University of Barcelona

Winning Respondent Memorial: King's College London

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