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The Foundations of International Investment Law

The Foundations of International Investment Law Bringing Theory into Practice

Author: Zachary Douglas; Joost Pauwelyn; Jorge E. Viñuales
Publisher: Oxford University Press
ISBN: 9780199685387
Published In: May 2014
Format: Hardback , 592 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

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Shows the relevance of academic discussion and criticism of international investment law to its day-to-day practice
Sets out the different theoretical foundations of international investment law and arbitration, and assesses the perceived failings of the system
Demonstrates how different conceptual approaches lead directly to different outcomes in investment awards

International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law.

The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime.

Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.

Readership: Scholars of international investment law and arbitration; practitioners working in investment arbitration; arbitrators

Part I: The place of investment law among international regimes
1: Joost Pauwelyn: Regime composition, emergence, and change
2: Ursula Kriebaum: The nature of investment disciplines
3: Martins Paparinskis: Analogies and other regimes of international law
4: Moshe Hirsh: The sociology of international investment law
5: Mark Wu: Differences in regime architecture: trade vs. investment
Part II: Conceptual foundations of investment law
6: Florian Grisel: Sources of investment law
7: Sergio Puig: No right without a remedy: foundations of investor-state arbitration
8: Thomas Schultz: The function of investment arbitration
9: Jorge E. Vinuales: Dissecting sovereignty
10: Zachary Douglas: Concepts of property
Part III: Managing regime stress within investment law
11: Anne van Aaken: Control mechanisms
12: Alex Mills: Balancing different interests
13: Julie Maupin: Differentiation
14: Jurgen Kurtz: Normative interactions
15: Stephan Schill: Harmonising substantive law
16: Michael Waibel: Coordinating adjudication processes
Zachary Douglas, Joost Pauwelyn, and Jorge E. Vinuales: Conclusions

Zachary Douglas is Associate Professor of International Law at the Graduate Institute of International and Development Studies in Geneva and a barrister at Matrix Chambers.

Joost Pauwelyn is Professor of International Law at the Graduate Institute of International and Development Studies in Geneva. He is also Co-Director of the Centre for Trade and Economic Integration (CTEI) and Senior Advisor with the law firm of King & Spalding LLP.

Jorge E. Viñuales is Harold Samuel Professor of Law and Environmental Policy at the University of Cambridge.

Contributors:
Anne van Aaken - St. Gallen University
Florian Grisel - University of Paris I
Ursula Kriebaum - University of Vienna
Jurgen Kurtz - University of Melbourne
Moshe Hirsh - Hebrew University, Israel
Julie Maupin - Duke University
Alex Mills - University College London
Martins Paparinskis - Oxford University
Sergio Puig - Stanford Law School
Stephan Schill - Max Planck Institute of Public International Law
Thomas Schultz - Graduate Institute of International and Development Studies
Michael Waibel - Cambridge University
Mark Wu - Harvard Law School