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International Investment Law and Soft Law

Edited by Andrea K. Bjorklund, McGill University, Canada and August Reinisch, Professor of International and European Law, University of Vienna, Austria
This important book examines the development of soft law instruments in international investment law and the feasibility of a ‘codification’ of the present state of this field of international economic law.
Extent: 352 pp
Hardback Price: $147.00 Web: $132.30
Publication Date: 2012
ISBN: 978 1 78100 321 3
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  • Law - Academic
  • International Investment Law
  • International Economic Law, Trade Law
This important book examines the development of soft law instruments in international investment law and the feasibility of a ‘codification’ of the present state of this field of international economic law.

It draws together the views of international experts on the use of soft law in international law generally and in discrete fields such as WTO, commercial, and environmental law. The book assesses whether investment law has sufficiently coalesced over the last 50 years to be ‘codified’ and focuses particularly on topical issues such as most-favoured-nation treatment and expropriation.

This timely book will appeal to academics interested in the development of international law and legal theory, to those working in investment law, government investment treaty negotiators and arbitration practitioners.
‘. . . a text that should be useful and interesting to readers outside the international investment community, and which is an excellent primer on soft law and its usefulness in international problem solving generally.’
– Nicholas Turner, American Society of International Law

‘. . . the book covers an exceptionally wide range of issues in the process of examining the topic of investment law and soft law. If you’re involved in investment law, or government investment treaty negotiations, or arbitration proceedings – or if you have an interest in international law and legal theory, you would do well to acquire this erudite and timely work of reference.’
– Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine
Contributors: A.K. Bjorklund, G. Cordero-Moss, M.G. Desta, M. Hirsch, K. Miles, A. Reinisch, E. Sipiorski, C. Tietje, A.R. Ziegler
Contents:

1. Introduction: The ILA Study Group on the Role of Soft Law Instruments in International Investment Law
Andrea K. Bjorklund and August Reinisch

2. Sources of International Investment Law
Moshe Hirsch

3. Soft Law in International Law: An Overview
Melaku Geboye Desta

4. Assessing the Effectiveness of Soft Law Instruments in International Investment Law
Andrea K. Bjorklund

5. Soft Law Instruments in Environmental Law: Models for International Investment Law?
Kate Miles

6. Soft Law Codifications in the Area of Commercial Law
Giuditta Cordero-Moss

7. GATT/WTO Law and International Standards: An Example of Soft Law Instruments Hardening Up?
Melaku Geboye Desta

8. The Evolution of Investment Protection Based on Public International Law Treaties: Lessons to be Learned
Christian Tietje and Emily Sipiorski

9. Is the MFN Principle in International Investment Law Ripe for Multilateralization or Codification?
Andreas R. Ziegler

10. Is Expropriation Ripe for Codification? The Example of the Non-Discrimination Requirement for Lawful Expropriations
August Reinisch

11. Soft Codification of International Investment Law
August Reinisch and Andrea K. Bjorklund

Index