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International Investment Law: An Analysis of the Major Decisions (eBook)

Edited by: Hélène Ruiz Fabri, Edoardo Stoppioni

ISBN13: 9781509929061

Published: May 2022

Publisher: Hart Publishing

Country of Publication: UK

Format: eBook (ePub)

Price: £62.99
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9781509929047

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Written by leading experts in the field, this collection offers a critical and comparative analysis of the existing case law on international investment law.

The book makes a topical contribution to the existing literature, showing most notably that:

international investment law has a longer history than that generally considered and that this history is fundamental to understanding its development;
international investment law is crafted today by a large number of actors. These include not only investment arbitrators, but also a variety of international and national courts and tribunals, and
the literature and case law in languages other than English and from different legal cultures is essential to grasp the essence of the development of the topic

This book brings together more than 40 experts from different countries and legal traditions and combines conceptual analysis and archival investigation of landmark case law to provide the reader with a fresh and innovative understanding of the breadth of international investment law.

Subjects:: eBooks, International Investment Law

Contents:: 1. Introduction; Hélène Ruiz Fabri and Edoardo Stoppioni; I. Historical Roots; 2. Landmark Decisions for a Pre-History of International Investment Law; Edoardo Stoppioni; 3. Ad hoc Investment Arbitration Based on State Contracts: From Lena Goldfields to the Libyan Oil Arbitrations; Daniel Müller; 4. The World Court's Influence on Contemporary Investment Law; Christian J. Tams and Eleni Methymaki; 5. The Contribution of the Iran-United States Claims Tribunal; Bruno Simma and Cristina Hoss; 6. SPP v Egypt, AAPL vs Sri Lanka: Some Revolutionary Steps?; Evelyne Lagrange; 7. Sowing the Seeds of an ISDS Legitimacy Crisis? The Notorious First Wave of NAFTA Chapter 11 Awards; Robert Howse and Günes Ünüvar; 8. The Argentinian Crisis Arbitrations; August Reinisch and Johannes Tropper; 9. The Yukos Saga: A Story of Hidden Matryoshka Dolls; Alexandre Senegacnik; 10. The Renewable Energy Arbitrations Under the Energy Charter Treaty; Danae Azaria; II. Investment Arbitration; Major Procedural Issues; 11. Bifurcation and Trifurcation Decisions; Ivan Cavdarevic; 12. Amicus Curae Intervention: From NAFTA to the Intra-EU Saga; Eric De Brabandere; 13. Challenges Decisions in International Investment Arbitration; Chiara Giorgetti; 14. Major Decisions on the Definition of Investment; Shotaro Hamamoto; 15. The Concept of Protected Investor; Alexandra van der Meulen; 16. Landmark Investment Cases on State Consent; Christoph Schreuer; 17. Counterclaims; Andrea K. Bjorklund; Major Substantial Issues; 18. The Applicable Law Saga; Franck Latty and Marina Sim; 19. International Investment Tribunals and Treaty Interpretation; Elise Ruggeri Abonnat; 20. Standard of Review; Joshua Paine; 21. Expropriation Cases; Diane A. Desierto; 22. Landmark Cases on Fair and Equitable Treatment: Empowering and Controlling Arbitrators as Law-Makers; Stephan W. Schill; 23. Umbrella Clauses and Contract Claims; Benjamin Samson; 24. Denial of Benefits Clause; Paul Jean Le Cannu and Luisa F. Torres; 25. Non-Discrimination Clauses: Most-Favoured-Nation and National Treatment; Giorgio Sacerdoti and Niall John Moran; 26. Reparation Cases: Applicable Principles in International Investment Arbitration; Irmgard Marboe; III. Other International Fora; 27. The Contribution of International Commercial Arbitration to Investment Arbitration; George A. Bermann; 28. The European Court of Human Rights' Case Law on International Investment Issues; Ursula Kriebaum; 29. The CJEU Saga; Gillian Cahill and Daniel Sarmiento; 30. The Legacy of the SADC Tribunal in International Investment Law; Henok Asmelash; 31. Accountability Mechanisms and Investment Arbitration: Parallel Dynamics; Edouard Fromageau; IV. National Judges; 32. International Investment Law in Indian Courts; Ridhi Kabra; 33. International Investment Law in US Courts; Javier García Olmedo; 34. Investment Cases in the Mexican Legal System: Willingness to Compensate, Federalism Issues, and Parallel Litigation; Guillermo J Garcia Sanchez; 35. International Investment Law in African Courts; Makane Moïse Mbengue and Stefanie Schacherer; 36. International Investment Law in European Courts; Dominique Hascher