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The Future of Investor-State Dispute Settlement: Reforming Law, Practice and Perspectives for a Fast-Changing World

The Future of Investor-State Dispute Settlement: Reforming Law, Practice and Perspectives for a Fast-Changing World

Author: Ben Beaumont; Fahira Brodlija; Robert Ashdown; Armand Terrien
Publisher: Kluwer Law International
ISBN: 9789403547633
Published In: February 2024
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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The Future of Investor-State Dispute Settlement is a book that provides a deep dive into the reality behind the causes and effects of the concerns expressed regarding investor-State dispute settlement (ISDS) and the extent to which they can be and have been addressed by ongoing reform processes at the national, regional, and international levels. Its uncanny ability to engage directly with the most topical and pressing issues of the day, including human rights, regulation of the energy sector, and climate change and the environment more generally – especially in comparison with international commercial arbitration – makes ISDS a dynamic field.

What’s in this book:

With deeply informed insights from leading scholars and practitioners on the status quo and perspectives of ISDS, this book elucidates the following aspects:

reform instruments adopted at the UNCITRAL Working Group III
issues surrounding the legitimacy of ISDS
dispute prevention and amicable settlement mechanisms
the proposed multilateral investment court
implications of climate change and energy transition for investment policies and disputes
recent regional trends in policymaking and perspectives
the ICSID-UNCITRAL Code of Conduct
investment protection standards and dispute resolution mechanisms in recent international investment treaties
viability of the modernized Energy Charter Treaty, and
participation of civil society organizations

How this will help you:

As a thorough analysis of the most recent developments in international investment law and dispute resolution, this book furnishes a realistic view of the reform processes, thus underlining the necessary legal and institutional measures that will translate into real-life effects in the future. With its help, policymakers and government officials will identify ongoing trends and anticipate risks that require intervention. At the same time, practitioners and the broader dispute-resolution community will find valuable information about the evolving contours of investment protection treaties and ISDS. For academics and civil society organizations interested in the developments and implications of ISDS, the book provides factual, nuanced, and effective analysis of the relevant issues.

Foreword

CHAPTER 1. International Investor-State Dispute Settlement: Dwelling in the Dark Ages or Entering Enlightenment?

Fahira Brodlija, Robert Ashdown & Armand Terrien

CHAPTER 2. The Incompatibility of Permanent Courts with Investor-State Dispute Settlement

Charles T. Kotuby Jr

CHAPTER 3. The New Generation of Investment Treaties of the European Union: Long Overdue Reform or Another Brick in the Wall?

Arne Fuchs & Katrine Tvede

CHAPTER 4. Weeding Out the Issues of ISDS Reform: The Progress and Milestones of the UNCITRAL Working Group III Five Years Later

Fahira Brodlija

CHAPTER 5. Issue Conflict in Investor State Arbitration: Inform, Reform, or Deform?

Mohamed S. Abdel Wahab

CHAPTER 6. No Time to Wait: Arbitration Under the Wire—Weighing the Pros and Cons of Emergency Arbitration in ISDS

Álvaro Awad & Pablo Mori

CHAPTER 7. Reform of Investor-State Dispute Settlement: Africa Leading the Way

Abayomi Okubote & Adetola Adebesin

CHAPTER 8. Investor-State Dispute Prevention and Resolution Mechanism in Bosnia and Herzegovina

Samira Sulejmanovic

CHAPTER 9. The Impact of the EU’s Reform Efforts for the Investment Treaty Practice of Countries in Transition Seeking EU Membership

Nikos Lavranos & Adhiraj Lath

CHAPTER 10. Promoting and Protecting Green Investment in Western Balkans BITs: Existing Limitations and Future Opportunities

Michail Dekastros & Marios Tokas

CHAPTER 11. Climate Change-Related Investment Disputes: A Catalyst for Public Participation in International Investment Law?

Nevena Jevremovic´ & Ilias Kazeem

CHAPTER 12. The Modernisation of the Energy Charter Treaty: A Necessary Reform?

Crina Baltag

CHAPTER 13. Instead of a Conclusion: Tribute to Ben Beaumont

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