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International Investment Law

International Investment Law

Author: Jose E. Alvarez
Publisher: Brill Nijhoff
ISBN: 9789004338463
Published In: June 2017
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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International Investment Law, edited by Professor José E. Alvarez, contains a selection of the best scholarship on the subject produced by those with a connection to the United States.

Since international investment law remains a subject that is not codified in a single multilateral treaty, the volume also contains selections of U.S. treaties that have influenced the over 3,400 international investment agreements (IIAs) now in existence.

The collection offers a selection of significant addresses by prominent U.S. policy-makers along with a comprehensive introduction by the Editor that puts the various elements - the contributions made by U.S. academics, treaty-negotiators, and policy-makers - in a broader context.

Acknowledgments

Introduction: The U.S. Contribution to International Investment Law

José E. Alvarez

1. Thomas Johnson & Jonathan Gimblett, "From Gunboats to BITs," Yearbook on International Investment Law & Policy 2010-2011 (2012), pp.

649–692.

II. Essays, Speeches, and Reports by U.S. Policy-Makers (1787-2011):

2. Alexander Hamilton, Report on Manufactures (1791)(excerpt)

3. Alexander Hamilton & Rufus King, The Defense (1795)(Nos. XIII (excerpt), XIV, XV, XVIII, XIX, XX, XXI, XXII, and XXXVI)

4. Theodore Roosevelt, Third Annual Message (1903)(excerpt)

5. Elihu Root, “The Basis of Protection to Citizens Residing Abroad” 4 Proceedings of the American Society of International Law at Its Annual Meeting 16 (1910).

6. Calvin Coolidge, Address Before the Pan American Conference on Arbitration and Conciliation (1928)

7. The Hull Formula (exchanges between Cordell Hull and the Mexican government)(1938)

8. Harry S. Truman, Special Message to the Congress Recommending Point 4 Legislation (1949)

9. George D. Woods, Annual Address (World Bank) (1963)(excerpt)

10. Richard M. Nixon, Statement Announcing United States Policy on Economic Assistance and Investment Security in Developing Nations (1972)

11. Richard M. Nixon, Fourth Annual Report to the Congress on United States Foreign Policy (1973)

12. Ronald Reagan, Statement on International Investment Policy (1983)

13. George W. Bush, Statement on International Trade and Investment Policy (2007)

14. Barack Obama, Statement by the President on United States Commitment to Open Investment Policy (2011)

15. Executive Office of the President, Council of Economic Advisers, U.S. Inbound Foreign Direct Investment (2011)

III. U.S. Treaty Practice (1783-2012)

16. The Definitive Treaty of Peace (1783)

17. Treaty of Amity, Commerce and Navigation Between Great Britain and the United States (Jay Treaty)(concluded 1794

entered into force 1796)

18. Treaty of Friendship, Commerce and Consular Rights (United States and Germany)(1923)(excerpts)

19. Treaty of Commerce and Navigation (United States and Japan)(1953)

20. Treaty with Argentina Concerning the Reciprocal Encouragement and Protection of Investment (including Message of the President of the United States Transmitting the Treaty to the Senate) in 31 International Legal Materials, 124 (1992)

21. North American Free Trade Agreement (NAFTA)(1994)(excerpts and Chapter 11)

22. U.S. Model Bilateral Investment Treaty (2004)

23. United States-Peru Trade Promotion Treaty (Environmental and Labor Side Agreements)(signed 2006, entered into force 2009)

24. U.S. Model Bilateral Investment Treaty (2012)

IV.

25. Edwin Brochard, “Limitations on Coercive Protection,” 21 Am. J. Int'l L.

303 (1927)

26. Edwin Brochard, “The “Minimum Standard” of the Treatment of Aliens,” (1940) 33 Proceedings of the American Society of International Law at Its Annual Meeting 51 (1939)

27. Robert R. Wilson, “Property Protection Provisions in United States Commercial Treaties,” 45 Am. J. Int'l L.

83 (1951)

28. Herman Walker, Jr., “Treaties for the Encouragement and Protection of Foreign Investment: Present United States Practice,” 5 Am. J. Comp. L.

229 (Spring, 1956)

VI.

29. Louis B. Sohn and R. R. Baxter, “Responsibility of States for Injuries to the Economic Interests of Aliens,” 55 Am. J. Int'l L.

545 (1961)

30. G.C. Christie, “What Constitutes a Taking of Property Under International Law?,” 38 Brit. Y.B. Int'l L.

307 (1962)

VII.

31. Burns H. Weston, “‘Constructive Takings’ under International Law: a Modest Foray into the Problem of ‘Creeping Expropriation’,” 16 Va. J. Int'l L.

103 (1975-1976)

32. Burns H. Weston, “The Charter of Economic Rights and Duties of States and the Deprivation of Foreign-Owned Wealth,” 75 Am. J. Int'l L.

437 (1981)

VIII.

33. W. Michael Reisman, “The Breakdown of the Control Mechanism in ICSID Arbitration,” Yale Faculty Scholarship Series Paper 874 (1990)

IX.

34. Jan Paulsson, “Arbitration Without Privity,” 10 ICSID Review, Foreign Investment Law Journal 232 (1995)

35. Kenneth J. Vandevelde, “Investment Liberalization and Economic Development: The Role of Bilateral Investment Treaties,” 36 Colum. J. Transnat'l L.

501 (1998)

XI.

36. J. Andrew T. Guzman, “Why LDCs Sign Treaties That Hurt Them: Explaining the Popularity of Bilateral Investment Treaties,” 8 Va. J. Int'l L.

639 (1997)

37. José E. Alvarez, “The Once and Future Foreign Investment Regime,” in Looking to the Future: Essays on International Law in honor of W. Michael Reisman (2011) pp.

607–648

XII.

38. Alan O. Sykes, “Public vs. Private Enforcement of International Economic Law: Of Standing and Remedy,” 34 Journal of Legal Studies 631 (June 2005)

XIII.

39. Jeswald W. Salacuse & Nicholas Sullivan, “Do BITs really work: an evaluation of

bilateral investment treaties and their grand bargain,” 46 Harv. Int’l L.J.

67 (2005)

XIV.

40. Susan D. Franck, “Empirically Evaluating Claims About Investment Treaty Arbitration,” 86 North Carolina Law Review 2 (2007)

XV.

41. Benedict Kingsbury & Stephan Schill, “Investor-State Arbitration as Governance: Fair and Equitable Treatment, Proportionality and the Emerging Global Administrative Law,” NYU School of Law, Public Law Research Paper No.

09-46 (2009)

Index