Reassertion of Control Over the Investment Treaty Regime

ISBN-13: 9781316624678 / Angielski / Miękka / 2018 / 410 str.

Andreas Kulick

Opis

This book identifies a paradigm shift in international investment law and enquires into how states reassert control over investment treaties.

Recenzje

'The book attempts to analyse in comprehensive way and from various perspectives a trend which significantly shapes today's international investment law. It will definitely be of value to academics and practitioners of international law.' Ondřej Svoboda, Czech Yearbook of International Law

Spis treści

Part I. Introduction, Theory and Domestic Law Approaches: 1. Reassertion of control – an introduction Andreas Kulick; 2. Masters and guardians of international investment law: how to play the game of reassertion Martins Paparinskis; 3. Reassertion of control and contracting parties' domestic law responses to investment treaty arbitration: between reform, reticence and resistance Mavluda Sattorova; Part II. Procedural Aspects and Avenues of Reassertion: 4. Early dismissal of claims in investment arbitration Friedrich Rosenfeld; 5. Keeping the status quo or embarking on a new course? Setting aside, refusal of enforcement, annulment and appeal Freya Baetens; 6. State-state investment arbitration as a means of reassertion of control: from antagonism to dialogue Andreas Kulick; Part III. Substantive Aspects and Avenues of Reassertion: 7. Masters of puppets? Reassertion of control through joint investment treaty interpretation Eleni Mathymaki and Antonis Tzanakopoulos; 8. Systematic integration: an instrument for reasserting the states' control in investment arbitration? Rumiano Yotova; 9. Reasserting control through withdrawal from investment agreements: what role for the law of treaties? Fernando Lusa Bordin; 10. Legitimate regulatory interests: case law and developments in IIA practice Paul Barker; 11. State control over available remedies in investment arbitration Diane Desierto; Part IV. Reassertion of Control Policy and Trends: 12. States' reassertion of control over international investment law: (re)defining 'fair and equitable treatment' and 'indirect expropriation' Eric de Brabandere; 13. How the European Commission and EU member states are reasserting their control over their investment treaties and ISDS rules Nikos Lavranos; 14. Arbitrator selection: towards greater state control Michael Waibel; 15. Arbitrator (issue) challenge: what's the real issue? Stephen Wilske and Melanie Eckhardt.