Prospects in International Investment Law and Policy: World Trade Forum

ISBN-13: 9781107035867 / Angielski / Twarda / 2013 / 491 str.

Roberto Echandi

Opis

Addresses the most central debates in contemporary investment law and policy.

Recenzje

'Overall, Mr Echandi and Mr Sauvé have put together a significant publication; concise, informative and refreshing to read. Its content is insightful, wide reaching and flirts with the utmost frontier of international investment law. Although an abundance of works address the subject, this volume stands out as a text from which both practitioners and academics may equally benefit and draw inspiration.' Carlos Humberto Garcia Guzman and Christian Campbell, Transnational Dispute Management

Spis treści

1. Introduction and overview Roberto Echandi and Pierre Sauvé; Part I. Current Paradigms in the Economics and Political Economy of International Investment Activity: 2. Understanding the latest challenges on international investment James Zhan; 3. Foreign direct investment and development: novel challenges Theodore H. Moran; 4. Actors in the international investment scenario: objectives, performance and advantages of affiliates of state-owned enterprises and sovereign wealth funds Sébastien Miroudot and Alexandros Ragoussis; 5. Investment treaties and globalisation of state capitalism: opportunities and constraints for host states Lauge N. Skovgaard Poulsen; 6. Reflections on the current paradigms of international investment activity Gary Clyde Hufbauer; 7. A southern perspective on the existing investment landscape Stephen Gelb; Part II. The Interaction between International Trade and Investment Regulation: 8. On the laws of attraction: examining the relationship between foreign investment and international trade Mary E. Footer; 9. Investment and trade: the 'Lottie and Lisa' of international economic law? Tomer Broude; 10. International trade and investment: towards a common regime? Debra P. Steger; 11. Perspectives on the interaction between international trade and investment regulation Christian Tietje; Part III. The Challenge of Fostering Greater Coherence in International Investment Law: 12. Practical and legal avenues to make substantive rules and disciplines of IIAs converge Andrea K. Bjorklund; 13. The procedural dimension: how to foster greater consistency in panel interpretation of substantive investment rules and disciplines Yas Banifatemi; 14. Coherence, convergence and consistency in international investment law Michael Ewing-Chow; 15. The challenge of fostering greater coherence in international investment law: an introduction August Reinisch; Part IV. The Policy and Rule-Making Challenges Arising from the Growth in Investment Litigation: 16. ICSID at a crossroads: some thoughts and recommendations for improving the dispute settlement system Margrete Stevens; 17. Rules for investor–state mediation: draft prepared by the International Bar Association State Mediation Committee Barton Legum, Anna Joubin-Bret and Inna Manassyan; 18. A novel approach towards addressing investor–state conflicts: development of investor–state dispute prevention mechanisms Roberto Echandi; 19. The growth in investment litigation: perspectives and challenges Laurence Boisson De Chazournes; 20. Different approaches to address challenges arising from increased investor–state litigation Andrea K. Bjorklund; Part V. The Quest for an Adequate Balance between Investment Protection and Liberalisation and Other Public Policy Objectives: 21. Sustainable development and international investment law: a harmonious view from economics Anne Van Aaken and Tobias Lehmann; 22. GATT Article XX and international investment law Barton Legum and Ioana Petculescu; 23. The inclusion of GATT Article XX exceptions in IIAs – a potentially risky policy Céline Lévesque; 24. Managing expectations: beyond formal adjudication Susan Franck; Part VI. From an Uneven International Investment Regime towards a Coherent International Investment System: The Way Forward: 25. Coherence and consistency in international investment law Christoph Schreuer; 26. Perspectives for investment arbitration: consistency as a policy goal? Rudolf Dolzer; 27. Towards a coherent international investment system: key issues in the reform of international investment law Peter Muchlinski; 28. The way forward for the international investment regime Marino Baldi; 29. The way forward for the international investment regime: lessons from the past – perspectives for the future Rainer Geiger.