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Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century

Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century

Author: Jean E. Kalicki; Anna Joubin-Bret
Publisher: Brill Nijhoff
ISBN: 9789004291096
Published In: March 2015
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 2,646.70

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In Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century, editors Jean E. Kalicki and Anna Joubin-Bret offer for the first time a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has generated a strong debate, usually framed by complaints about a perceived lack of legitimacy, consistency and predictability. While some ideas have been proposed for improvement, there has never before been a book systematically focusing on constructive paths forward.

This volume features 38 chapters by almost 50 leading contributors, all offering concrete proposals to improve the ISDS system for the 21st century.

FOREWORD

by Meg Kinnear

INTRODUCTION

by Anna Joubin-Bret and Jean E. Kalicki

I. STRENGTHENING THE ROLE OF STATES: TREATY INTERPRETATION AND REVISING TREATY LANGUAGE

1. Delegating Interpretative Authority in Investment Treaties: The Case of Joint Administrative Commissions

by Anne van Aaken

2. Lessons from International Uniform Law

by Joshua Karton

3. Which Is to Be the Master? Extra-Arbitral Interpretative Procedures for IIAs

by Michael Ewing-Chow and Junianto James Losari

4. Keeping Interpretation in Investment Treaty Arbitration ‘on Track’: The Role of State Parties

by Tomoko Ishikawa

5. Travaux Préparatoires and the Legitimacy of Investor-State Arbitration

by Baiju S. Vasani and Anastasiya Ugale

6. Reform of Investor-State Dispute Settlement: the U.S. Experience

by Karen L. Kizer and Jeremy K. Sharpe

7. Rethinking Rights and Responsibilities in Investor-State Dispute Settlement: Some Model International Investment Agreement Provisions

by Elizabeth Boomer

8. Examining the Formative Aspect of Investment Treaty Commitments: Lessons from Commercial Law and Trade Law

by Locknie Hsu

9. Limiting Investor Access to Investment Arbitration: A Solution without a Problem?

by Liang-Ying Tan and Amal Bouchenaki

10. Back to the Future: Contemplating a Return to the Exhaustion Rule

by Daniel Kalderimis

11. ISDS Growing Pains and Responsible Adulthood

by Silvia Constain

II. STRUCTURAL REFORM: STATE-STATE PROCEDURES, A STANDING INVESTMENT COURT, OR AN APPELLATE MECHANISM

12. In Search of a Model for the Reform of International Investment Dispute Resolution: An Analysis of Existing International and Regional Dispute Settlement Mechanisms

by Nicolette Butler

13. The Abiding Role of State-State Engagement in the Resolution of Investor-State Disputes

by Theodore R. Posner and Marguerite C. Walter

14. Permanent Investment Tribunals: The Momentum is Building Up

by Omar E. García-Bolívar

15. The Challenges of Creating a Standing International Investment Court

by Eduardo Zuleta

16. Making Impossible Investor-State Reform Possible

by Luis González García

17. Appellate Mechanisms for Investment Arbitration: Worth a Second Look for the Trans-Pacific Partnership and the Proposed EU-U.S. FTA?

by Barton Legum

18. Appellate Review in Investor State Arbitration

by Eun Young Park

19. Reform of the Investor-State Arbitration Regime: The Appeal Proposal

by Gabriel Bottini

20. Introduction of an Appellate Review Mechanism for International Investment Disputes: Expected Benefits and Remaining Tasks

by Jaemin Lee

21. Why ICSID Doesn’t Need an Appellate Procedure, and What to Do Instead

by Kristina Anđelić

22. Fragmentation and Harmonization in the ICSID Decision-Making Process

by Roberto Castro de Figueiredo

23. Initial Hiccups or More? Efforts of the EU to Find Its Future Role in International Investment Law

by Jan Asmus Bischoff

24. The Emperor Has No Clothes: A Critique of the Debate Over Reform of the ISDS System

by J.J. Saulino and Josh Kallmer

III. REFORM FROM WITHIN: CHANGING INSTITUTIONAL RULES AND ENCOURAGING INNOVATIONS BY TRIBUNALS

25. Advancing Reform at ICSID

by Antonio R. Parra

26. UN Commission on International Trade Law and Multilateral Rule-making: Consensus, Sovereignty and the Role of International Organizations in the Preparation of the UNCITRAL Rules on Transparency

by Julia Salasky and Corinne Montineri

27. Inter-Governmental Evaluation of Investor-State Dispute Settlement: Recent Work at the OECD-Hosted Freedom of Investment Roundtable

by David Gaukrodger and Kathryn Gordon

28. The Sixth Path: Reforming Investment Law from Within

by Stephan W. Schill

29. Achieving a Faster ICSID

by Adam Raviv

30. Streamlining the ICSID Process: New Statistical Insights and Comparative Lessons from Other Institutions

by Joongi Kim

31. Interim Costs Orders: The Tribunal’s Tool to Encourage Procedural Economy

by Jeffrey Sullivan and David Ingle

32. Costs in Investment Treaty Arbitration: The Case for Reform