International Investment Law: A Handbook

Chapter 1: General Introduction to International Investment Law

Chapter 2: The Law Relating to Aliens, the International Minimum Standard and State Responsibility

I. The Development of the Law of Aliens and the Emergence of General Principles of Protection under Public International Law

II. State Responsibility

III. The Protection of Individuals under Public International Law

IV. Outlook on the Developments in Public International Law and the Law Relating to Aliens

Chapter 3: State Contracts and the Relevance of Investment Contract Arbitration

I. Investor-State Contracts in the Context of International Investment Law

II. Typical Questions Arising within Negotiations

Chapter 4: International Investment Agreements – History, Approaches, Schools

I. The Evolution of the Regime of International Investment Agreements: History, Economics and Politics

II. Bilateral Approaches

III. Pluri-/Multilateral and Regional Approaches

Chapter 5: International Investment Agreements and the General Body of Rules of Public International Law

I. Two Worlds, but Not Apart: International Investment Law and General International Law

II. The Interpretation of International Investment Agreements

III. The Application of the Rules of State Responsibility

IV. Circumstances Precluding Wrongfulness

Chapter 6: The Scope of Application of International Investment Agreements

I. Ratione Temporis

II. Ratione Materiae

III. Ratione Personae

Chapter 7: The Liberalisation of the International Movement of Capital and of International Investments

I. WTO Rules and Obligations Related to Investment

II. EU Rules and Obligations Related to Investment

III. Pre-Entry Obligations under International Law

Chapter 8: Standards of Protection

I. Fair and Equitable Treatment: Content, Practice, Method

II. Protection and Security (Including the NAFTA Approach)

III. Arbitrary/Unreasonable or Discriminatory Measures

IV. Most Favoured Nation Treatment

V. National Treatment

VI. Transfer of Funds

VII. Umbrella Clause

VIII. Expropriation

Chapter 9: Restitution, Damages and Compensation

I. The System of Reparation and Questions of Terminology

II. Methods of Valuing Losses

III. Valuation in Cases of Expropriation

IV. Valuation in Cases of Breaches of International Law Unrelated to Expropriation

V. Valuation in Cases of Breach of Contract

VI. Limits on Compensation for Internationally Wrongful Acts

VII. Moral Damages

VIII. Interest

Chapter 10: Obligations of Investors

Chapter 11: Dispute Resolution

I. Alternatives to Investment Arbitration

II. Investment Arbitration: Jurisdiction and Admissibility

III. Investment Arbitration: Procedure

IV. Investment Arbitration: Applicable Law

V. Investment Arbitration: Remedies

VI. Investment Arbitration: Challenges to the System

VII. Enforcement of Awards

VIII. Precedents in International Investment Law

Chapter 12: Political Risk Insurance and Financing of Foreign Direct Investment

I. Political Risk Insurance and Investment Treaty Protection

II. Excursus: German Political Risk Insurance

III. Financing of Foreign Direct Investment by Development Finance Institutions

Chapter 13: Contemporary Issues and Outlook

I. Investment Law and the Individual

II. The Relationship of International Investment Law and European Union Law

III. Investment Law and Public Services

IV. Investment Law and Energy

V. Investment Law and Taxation

VI. Investment Law and Intellectual Property Rights

VII. Investment Law and Sustainable Development: The Environment breaks into Investment Disputes

VIII. Human Rights and Investment Disciplines: Integration in Progress

IX. International Investment Law and Good Governance

X. Investment Law in Conflict with WTO Law?

XI. Investment Law and Sovereign Wealth Funds

XII. Multilateralization: An Ordering Paradigm for International Investment Law

XIII. Approaches to Investment Protection outside of Specific International Investment Agreements and Investor-State Settlement

Chapter 14: The Future of International Investment Law

I. The Future of International Investment Law – Substantive Protection and Dispute Settlement

II. Does Investment Arbitration have a Future?

III. Where Public meets Private: a Few Thoughts on Investment Law and Arbitration

IV. The Likely Content of Future EU Investment Agreements

V. The Future of International Investment Law

Index

Prof. Dr. Marc Bungenberg is holder of the Chair for Public Law, European Law, Public International Law, and International Economic Law at the University of Siegen and an Academic Advisor to the International Investment Law Centre Cologne.

Prof. Dr. Jörn Griebel is Assistant Professor at and Manager of the International Investment Law Centre Cologne.

Prof. Dr. Stephan Hobe is a Director of the International Investment Law Centre Cologne and a Member of the ICSID Panel of Arbitrators. He is also the Director of the Institute for Air and Space Law and the Chair for Public International Law, European Law, European and International Economic Law at the University of Cologne.

Prof. Dr. August Reinisch is Professor for International and European Law and head of the Section for International Law and International Relations at the University of Vienna. He has served as arbitrator on various investment tribunals and is a Member of the ICSID Panel of Arbitrators and Conciliators.