International Investment Law and Arbitration

Auteur
Andrea K. Bjorklund is Professor of Law at the University of California, Davis School of Law. She is also co-rapporteur of the International Law Association's Study Group on the Role of Soft-Law Instruments in International Investment Law. Professor Bjorklund has written extensively on investor-state arbitration issues and is the co-author of Investment Disputes under NAFTA: An Annotated Guide to NAFTA Chapter 11 (Kluwer, 2006). Andrew Newcombe is Associate Professor of Law at the University of Victoria. He previously worked with the International Arbitration group at Freshfields Bruckhaus Deringer in Paris. He is the co-author of Law and Practice of Investment Treaties: Standards of Treatment (Kluwer, 2009).

Texte du rabat

An ideal resource for students of international investment law or international dispute settlement, this collection of primary sources contains extracts from cases, bilateral investment treaties, and other key materials, accompanied by detailed commentary and analysis. It provides a perfect introduction to the most important topics in this field.

Contenu

• Part I: Context Setting

• 1: International Investment Law: Policy and Purposes

• 2: Historical Development of International Investment Law

• 3: Concession Agreements and Investment Contracts

• 4: Investment Treaties: Background, Structure, Obligations, and Dispute Settlement

• Part II: Applicable Law, Scope, and Substantive Obligations

• 5: Applicable Substantive Law and Interpretation

• 6: Investment

• 7: Investors

• 8: National Treatment

• 9: Most Favored Nation Treatment

• 10: Minimum Standards of Treatment

• 11: Fair and Equitable Treatment

• 12: Expropriation

• 13: Contract v. Treaty Claims and the Umbrella Clause

• 14: Exceptions and Defences

• 15: Reparations

• Part III: Dispute Settlement

• 16: Basics of Dispute Settlement

• 17: Jurisdiction in Investment Arbitration

• 18: Jurisdiction and Admissibility

• 19: Procedural Issues

• 20: Control Mechanisms - Annulment and Review of Arbitral Awards

• 21: Enforcement of Awards and Sovereign Immunity

• Part IV: Issues in International Investment Law

• 22: Investment and Labour, the Environment, and Human Rights

• 23: International Obligations of Investors and Corporate Social Responsibility

• 24: Critiques and Responses

• 25: Future Directions