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Classics in International Investment Law

Edited by August Reinisch, Professor of International and European Law, University of Vienna, Austria
This two-volume collection comprises a selection of leading articles in the field of international investment law. Written by an outstanding group of policymakers, practitioners and scholars, the contributions to these volumes demonstrate the vibrant development of the field, which has become one of the most exciting and testing areas of international law. The articles reflect the broad variety and diversity of views and cover the most important key areas currently debated in international investment law, such as the nature of international investment law, types of investment
Two volume set
Extent: 1,328 pp
Hardback Price: $693.00 Web: $623.70
Publication Date: 2014
ISBN: 978 1 78100 743 3
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  • Law - Academic
  • International Investment Law
  • International Economic Law, Trade Law
This two-volume collection comprises a selection of leading articles in the field of international investment law. Written by an outstanding group of policymakers, practitioners and scholars, the contributions to these volumes demonstrate the vibrant development of the field, which has become one of the most exciting and testing areas of international law. The articles reflect the broad variety and diversity of views and cover the most important key areas currently debated in international investment law, such as the nature of international investment law, types of investment protection and the principal features of dispute settlement.

With an original introduction by the editor, this collection is an excellent reference for students, researchers and practitioners.
‘The evolution of international investment law has been one of the more dynamic developments in public international law in recent decades. Many of the key issues have been subjected to careful analysis in articles and book chapters which have become compulsory reading for those active in the field. Professor August Reinisch's edited collection gathers together these carefully selected contributions to the rich literature on international investment law in a convenient and accessible format, making these contributions easily retrievable. These volumes will be an excellent addition to the library of all scholars, practitioners and policy-makers active in the field of burgeoning field of investment treaty arbitration.’
– Chester Brown, Professor of International Law and International Arbitration, University of Sydney
41 articles, dating from 1962 to 2011
Contributors include: A. K. Bjorklund, J. Crawford , R.Dolzer, L. Yves Fortier, E. Gaillard, M. Kinnear, J. Paulsson, C. Schreuer, B. Stern
Volume I

Contents:

Acknowledgements

Introduction August Reinisch

PART I SOURCES OF INVESTMENT LAW
1. Ibrahim F.I. Shihata and Antonio R. Parra (1994), ‘Applicable Substantive Law in Disputes Between States and Private Foreign Parties: The Case of Arbitration under the ICSID Convention’
2. Emmanuel Gaillard and Yas Banifatemi (2003), ‘The Meaning of “and” in Article 42(1), Second Sentence, of the Washington Convention: The Role of International Law in the ICSID Choice of Law Process’
3. Kenneth J. Vandevelde (1998), ‘The Political Economy of a Bilateral Investment Treaty’
4. Andrew T. Guzman (1998), ‘Why LDCs Sign Treaties That Hurt Them: Explaining the Popularity of Bilateral Investment Treaties’
5. F.A. Mann (1981), ‘British Treaties for the Promotion and Protection of Investments’
6. Mark Kantor (2004), ‘The New Draft Model U.S. BIT: Noteworthy Developments’
7. Kaj Hobér (2010), ‘Investment Arbitration and the Energy Charter Treaty’
8. Sergio Puig and Meg Kinnear (2010), ‘NAFTA Chapter Eleven at Fifteen: Contributions to a Systemic Approach in Investment Arbitration’
9. Peter T. Muchlinski (2000), ‘The Rise and Fall of the Multilateral Agreement on Investment: Where Now?’
10. Markus Burgstaller (2009), ‘European Law and Investment Treaties’
11. Marc Bungenberg (2010), ‘Going Global? The EU Common Commercial Policy After Lisbon’

PART II INVESTMENT PROTECTION STANDARDS
12. Patrick Juillard (2000), ‘Freedom of Establishment, Freedom of Capital Movements, and Freedom of Investment’
13. G.C. Christie (1962), ‘What Constitutes a Taking of Property Under International Law?’
14. Rudolf Dolzer (1986), ‘Indirect Expropriation of Alien Property’
15. L. Yves Fortier and Stephen L. Drymer (2004), ‘Indirect Expropriation in the Law of International Investment: I Know It When I See It, or Caveat Investor’
16. Stephen Vasciannie (2000), ‘The Fair and Equitable Treatment Standard in International Investment Law and Practice’
17. Kenneth Vandevelde (2010), ‘A Unified Theory of Fair and Equitable Treatment’
18. Christoph Schreuer (2010), ‘Full Protection and Security’
19. Jürgen Kurtz (2009), ‘The Use and Abuse of WTO Law in Investor-State Arbitration: Competition and Discontents’
20. Anthony C. Sinclair (2004), ‘The Origins of the Umbrella Clause in the International Law of Investment Protection'


Volume II

Contents:

Acknowledgements

PART I INVESTMENT LAW AND STATE RESPONSIBILITY
1. James Crawford (2010), ‘Investment Arbitration and the ILC Articles on State Responsibility’
2. Michael Waibel (2007), ‘Two Worlds of Necessity in ICSID Arbitration: CMS and LG&E’
3. Irmgard Marboe (2006), ‘Compensation and Damages in International Law. The Limits of “Fair Market Value’’’

PART II INVESTMENT DISPUTE SETTLEMENT
4. Ibrahim F.I. Shihata (1986), ‘Towards a Greater Depoliticization of Investment Disputes: The Roles of ICSID and MIGA’
5. Jan Paulsson (1995), ‘Arbitration without Privity’
6. Farouk Yala (2004) ‘The Notion of “Investment” in ICSID Case Law: A Drifting Jurisdictional Requirement? Some “Unconventional” Thoughts on Salini, SGS and Mihaly’
7. Brigitte Stern (2009), ‘The Contours of the Notion of Protected Investment’
8. Gabriel Bottini (2008), ‘Indirect Claims under the ICSID Convention’
9. Zachary Douglas (2011), ‘The MFN Clause in Investment Arbitration: Treaty Interpretation Off the Rails’
10. Stephan W. Schill (2011), ‘Allocating Adjudicatory Authority: Most-Favoured-Nation Clauses as a Basis of Jurisdiction – A Reply to Zachary Douglas’
11. August Reinisch (2011), ‘How Narrow are Narrow Dispute Settlement Clauses in Investment Treaties?’
12. Ucheora Onwuamaegbu (2008), ‘Using Treaties to Define Rules of Procedure in Investor-State Arbitration: The CAFTA Example’
13. Christina Knahr and August Reinisch (2007), ‘Transparency versus Confidentiality in International Investment Arbitration – The Biwater Gauff Compromise'
14. Eric Baldwin, Mark Kantor and Michael Nolan (2006), 'Limits to Enforcement of ICSID Awards'
15. Christoph Schreuer (2011), ‘From ICSID Annulment to Appeal Half Way Down the Slippery Slope’
16. Andrea K. Bjorklund (2010), ‘The Promise and Peril of Arbitral Precedent: The Case of Amici Curiae’
17. Luke Nottage and Kate Miles (2009), ‘"Back to the Future" for Investor-State Arbitrations: Revising Rules in Australia and Japan to Meet Public Interests’
18. Wei Shen (2010), ‘Is This a Great Leap Forward? A Comparative Review of the Investor-State Arbitration Clause in the ASEAN-China Investment Treaty: From BIT Jurisprudential and Practical Perspectives’

PART III “INVESTMENT AND…” ISSUES
19. James D. Fry (2007), ‘International Human Rights Law in Investment Arbitration: Evidence of International Law’s Unity’
20. Ole Kristian Fauchald (2006), ‘International Investment Law and Environmental Protection’
21. Ursula Kriebaum (2010), ‘Illegal Investments’