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International Investment Law And Soft Law

International Investment Law And Soft Law

Author: Andrea K. Bjorklund; August Reinisch
Publisher: Edward Elgar Publishing
ISBN: 9781781003213
Published In: July 2012
Format: Hardback , 352 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

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