Edited by Dr. Christina Binder, Ursula Kriebaum, August Reinisch and Dr. Stephan Wittich
International investment law has become increasingly prominent in the international legal order, spurred on by the explosion of Bilateral Investment Treaties between States and a sharp rise in international investment disputes. This rise to prominence has however not always been matched by
academic reflection on the content of procedure of international investment law and its role within general international law. This volume seeks to remedy this situation by providing careful analysis of every area of international investment law and its relationship with other legal fields.
It is written in honour of one of the leading experts in the field of investment arbitration, Christoph Schreuer. The book explores specific and topical problems of international investment law and practice in a focused way. It also provides a forum for broader theoretical reflections on
international investment law and its relation to general international law. The book includes chapters on jurisdictional questions, issues of procedure in investment proceedings, the relationship between investment arbitration and other forms of investment protection, problems of substantive
investment law, regional aspects, interfaces between investment law and other areas of law as well as the future of the law of investment protection. Featuring contributions by many of the most prominent scholars and practitioners of investment arbitration, this work should become an indispensable
tool for practitioners and academics working in the field.
Part I: Introduction
1. Sir Elihu Lauterpacht: Christoph Schreuer: An Appreciation
2. Hanspeter Neuhold: A Tribute to Christoph Schreuer
Part II: Jurisdiction
3. Guido Santiago Tawil: Most Favoured Nation Clauses and Jurisdictional Clauses in Investment Treaty
Arbitration
4. Kaj Hobér: MFN Clauses and Dispute Resolution in Investment Treaties: Have We Reached the End of the Road?
5. Christina Knahr: Investments 'in the Territory' of the Host State
6. Carolyn B. Lamm, Hansel T. Pham & Alexandra K. Meise Bay: Consent and Due Process in
Multiparty Investor-State Arbitrations
7. Gerold Zeiler: Jurisdiction, Competence and Admissibility of Claims in ICSID Arbitration Proceedings
8. Anthony Sinclair: Bridging the Contract/Treaty Divide
9. Christoph Liebscher: Monitoring of Domestic Courts in BIT Arbitrations: A Brief
Inventory of Some Issues
Part III: Procedure
10. Audley Sheppard: Arbitrator Independence in ICSID Arbitration
11. Loretta Malintoppi: Provisional Measures in Recent ICSID Proceedings: What Parties Request and What Tribunals Order
12. Friedl Weiss: Inherent Powers Of National
and International Courts: The Practice of the Iran-US Claims Tribunal
13. Irmgard Marboe: ICSID Annulment Decisions: Three Generations Revisited
14. Ieva Kalnina and Domenico Di Pietro: The Scope of ICSID Review: Remarks on Selected Problematic Issues of ICSID Decisions
15. Oscar M.
Garibaldi: On the Denunciation of the ICSID Convention, Consent to ICSID Jurisdiction, and the Limits of the Contract Analogy
16. Keyvan Rastegar: Denouncing ICSID
17. Andrea K. Bjorklund: State Immunity and the Enforcement of Investor-State Arbitral Awards
18. Stanimir A. Alexandrov:
Enforcement of ICSID Awards: Articles 53 and 54 of the ICSID Convention
Part IV: Investment Arbitration and Other Forms of Investment Protection
19. Peter Muchlinski: The Diplomatic Protection of Foreign Investors: A Tale of Judicial Caution
20. Abby Cohen Smutny: Claims of
Shareholders in International Investment Law
21. V. V. Veeder: Chancellor Wirth and the Mologales Concession 1923-1927: The German-Speaking Origins of the 1965 ICSID Convention
Part V: Substantive Investment Law
22. Emmanuel Gaillard: Identify or Define? Reflections on the
Evolution of the Concept of Investment in ICSID Practice
23. Ursula Kriebaum: Local Remedies and the Standards for the Protection of Foreign Investment
24. Ole Spiermann: Premature Treaty Claims
25. María Cristina Gritón Salias: Do Umbrella Clauses apply to Unilateral
Undertakings?
26. Michael Waibel: BIT by BIT: The Silent Liberalization of the Capital Account
27. Stephen M. Schwebel: The United States 2004 Model Bilateral Investment Treaty and Denial of Justice in International Law
Part VI: Regional Aspects of Investment Protection
28. L.
Yves Fortier: The Canadian Approach to Investment Protection: How Far We Have Come?
29. Marek Wierzbowski & Aleksander Gubrynowicz: Conflict of Norms Stemming from Intra-EU BITs and EU Legal Obligations: Some Remarks on Possible Solutions
30. Waldemar Hummer: Investment Rules in Regional
Integration Agreements in Latin America: The Case of the Andean Pact/ Andean Community
Part VII: Investment Law and Other Fields
31. Gerhard Hafner: The 'Provisional Application' of the Energy Charter Treaty
32. Christina Binder: Changed Circumstances in Investment Law: Interfaces
between the Law of Treaties and the Law of State Responsibility with a Special Focus on the Argentine Crisis
33. Asif H. Qureshi: The Economic Emergency Defence in Bilateral Investment Treaties: A Development Perspective
34. Christian Tomuschat: The European Court of Human Rights and
Investment Protection
35. Luzius Wildhaber & Isabelle Wildhaber: Recent Case Law on the Protection of Property in the European Convention on Human Rights
36. Bruno Simma & Theodore Kill: Harmonizing Investment Protection and International Human Rights: First Steps towards a
Methodology
37. Stephan Wittich: Joint Tortfeasors in Investment Law
38. Thomas W. Wälde: Interpreting Investment Treaties: Experiences and Examples
39. Guiditta Cordero Moss: Commercial Arbitration and Investment Arbitration: Fertile Soil for False Friends?
Part VIII: The
Future
40. James Crawford: Continuity and Discontinuity in International Dispute Settlement
41. Rudolf Dolzer: Contemporary Law of Foreign Investment: Revisiting the Status of International Law
42. Andrés Rigo Sureda: Precedent in Investment Treaty Arbitration
43. Charles N.
Brower, Michael Ottolenghi, and Peter Prows Ottolenghi & Peter Prows: The Saga of CMS: Res Judicata, Precedent, and the Legitimacy of ICSID Arbitration
44. Moshe Hirsch: Compliance with Investment Treaties: When are States more Likely to Breach or Comply with Investment Treaties?
45.
Ernst-Ulrich Petersmann: Human Rights, Constitutionalism, and 'Public Reason' in Investor-State Arbitration
46. August Reinisch: The Future of Investment Arbitration
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Christina Binder is Assistant Professor of International Law at the University of Vienna. She is author of numerous publications in various fields of international law and comparative law. Christina Binder also works as independent consultant and legal advisor in the field of international law
with special focus on international human rights law. Ursula Kriebaum is Professor of International Law at the University of Vienna, Professorial Lecturer at the Diplomatische Akademie Wien / Vienna School of International Studies (Austria) and at the Summer Legal Studies Program of the Loyola
University New Orleans College of Law; legal expert in various investment arbitrations; consultant in international human rights law; associate editor of Transnational Dispute Management. August Reinisch is Professor of International and European Law at the University of Vienna and Professorial
Lecturer at the Bologna Center of SAIS/Johns Hopkins University; Director of the LL.M. Program in International Legal Studies at the University of Vienna; Member of the ILA Committee on International Law of Foreign Investment; Arbitrator and legal expert in various investment arbitrations; Member of
the Panels of Conciliators and of Arbitrators maintained by the International Centre for Settlement of Investment Disputes (ICSID); Arbitrator on the In Rem Restitution Panel according to the Austrian General Settlement Fund. Stephan Wittich is Assistant Professor of International Law at the
University of Vienna. He also teaches international law at the Bratislava School of Law and the Diplomatic Academy/Vienna School of International Studies. He is executive editor of the Austrian Review of International and European Law and has published widely in various areas of international law.
