International Investment Law

Informationen zum Autor Hélène Ruiz Fabri is Professor of Law and Director and Edoardo Stoppioni is Research Fellow, both at the Max Planck Institute for Procedural Law, Luxembourg. Klappentext 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: (1) international investment law has a longer history than that generally considered and that this history is fundamental to understanding its development; (2) 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 (3) 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. Vorwort A timely collection offering a fresh, integrated, and interdisciplinary approach to the practice of international investment law and questioning the distinctions, conceptions, and assumptions that have shaped the vision of investment dispute settlement. Zusammenfassung 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:(1) international investment law has a longer history than that generally considered and that this history is fundamental to understanding its development; (2) 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(3) 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. Inhaltsverzeichnis 1. Introduction Hélène Ruiz Fabri and Edoardo Stoppioni, University of Strasbourg, France PART I HISTORICAL ROOTS 2. Landmark Decisions for a Pre-History of International Investment Law Edoardo Stoppioni, University of Strasbourg, France 3. Ad hoc Investment Arbitration Based on State Contracts: From Lena Goldfields to the Libyan Oil Arbitrations Daniel Müller, FAR Avocats, Paris, France 4. The World Court's Influence on Contemporary Investment Law Christian J Tams, University of Glasgow, UK and Eleni Methymaki, University of Oxford, UK 5. The Contribution of the Iran-United States Claims Tribunal Bruno Simma, University of Michigan, USA and Cristina Ho ss, Court at the International Court of Justice 6. SPP v Egypt, AAPL vs Sri Lanka: Some Revolutionary Steps? Evelyne Lagrange, University Paris I, Panthéon-Sorbonne, France 7. Sowing the Seeds of an ISDS Legitimacy Crisis? The Notorious First Wave of NAFTA Chapter 11 Awards Robert Howse, New York University, USA and Güne s Ünüvar, Max Planck Institute, Luxembourg 8. The Argentinian Crisis Arbitrations August ...

Préface
A timely collection offering a fresh, integrated, and interdisciplinary approach to the practice of international investment law and questioning the distinctions, conceptions, and assumptions that have shaped the vision of investment dispute settlement.

Auteur
Hélène Ruiz Fabri is Professor of Law and Director and Edoardo Stoppioni is Research Fellow, both at the Max Planck Institute for Procedural Law, Luxembourg.

Résumé
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: (1) international investment law has a longer history than that generally considered and that this history is fundamental to understanding its development; (2) 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 (3) 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.

Contenu

1. Introduction Hélène Ruiz Fabri and Edoardo Stoppioni, University of Strasbourg, France PART I HISTORICAL ROOTS
   2. Landmark Decisions for a Pre-History of International Investment Law Edoardo Stoppioni, University of Strasbourg, France
      3. Ad hoc Investment Arbitration Based on State Contracts: From Lena Goldfields to the Libyan Oil Arbitrations Daniel Müller, FAR Avocats, Paris, France
         4. The World Court's Influence on Contemporary Investment Law Christian J Tams, University of Glasgow, UK and Eleni Methymaki, University of Oxford, UK
            5. The Contribution of the Iran-United States Claims Tribunal Bruno Simma, University of Michigan, USA and Cristina Hoss, Court at the International Court of Justice
               6. SPP v Egypt, AAPL vs Sri Lanka: Some Revolutionary Steps?
               Evelyne Lagrange, University Paris I, Panthéon-Sorbonne, France
               7. Sowing the Seeds of an ISDS Legitimacy Crisis? The Notorious First Wave of NAFTA Chapter 11 Awards
               Robert Howse, New York University, USA and Günes Ünüvar, Max Planck Institute, Luxembourg
               8. The Argentinian Crisis Arbitrations
               August Reinisch, University of Vienna, Austria and Johannes Tropper, University of Vienna, Austria
               9. The Yukos Saga: A Story of Hidden Matryoshka Dolls
               Alexandre Senegacnik, Sciences Po, France
               10. The Renewable Energy Arbitrations under the Energy Charter Treaty
               Danae Azaria, University College London, UK PART II INVESTMENT ARBITRATION MAJOR PROCEDURAL ISSUES 11. Bifurcation and Trifurcation Decisions Ivan Cavdarevic, Max Planck Institute, Luxembourg
               12. Amicus Curiae Intervention: From NAFTA to the Intra-EU Saga
               Eric De Brabandere, Leiden University, Netherlands
               13. Challenges Decisions in International Investment Arbitration
               Chiara Giorgetti, University of Richmond, USA
               14. Major Decisions on the Definition of Investment
               Shotaro Hamamoto, Kyoto University, Japan
               15. The Concept of Protected Investor
               Alexandra van der Meulen, Freshfields Bruckhaus Deringer, France
               16. Landmark Investment Cases on State Consent
               Christoph Schreuer, National University of Singapore
               17. Counterclaims
               Andrea K. Bjorklund, McGill University, Canada MAJOR SUBSTANTIAL ISSUES 18. The Applicable Law Saga Franck Latty, Paris Nanterre University, France and Marina Sim, Paris Nanterre University, France
               19. International Investment Tribunals and Treaty Interpretation
               Elise Ruggeri Abonnat, French Ministry for Europe and foreign affairs
               20. Standard of Review
               Joshua Paine, University of Bristol, UK
               21. …