Yearbook on International Investment Law & Policy, 2013-2014

by Andrea K. Bjorklund

Overview

International investment law today consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network raises a host of issues regarding international investment law and policy, especially in the area of international investment disputes. The Yearbook on International Investment Law & Policy 2013-2014 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment (FDI). With contributions by leading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers.

The 2013-2014 Yearbook begins with trends in international investment and the activities of multinational enterprises, a review of trends and new approaches in international investment agreements for 2013-2014, and a review of international investment law and arbitration for 2013. This edition contains a sample of the research and ideas generated by the Investment Treaty Forum at the British Institute of International and Comparative Law—The Investment Treaty Forum brings together experts in international investment law to engage in high-level debate about salient topics in investment law.

This edition covers many important topics, such as the principle of proportionality and the problem of indeterminacy in international investment treaties; proportionality, reasonableness and standards of review in investment treaty arbitration; and the role of investors' legitimate expectations in defense of investment treaty claims. The general articles included in this volume provide analysis of balancing investor protection and regulatory freedom in international investment law. The jurisprudential interaction between ICSID tribunals and the International Court of Justice are also discussed, along with inconsistencies in investor-state awards, the role of state interpretations; old and new ways for host states to defend against investment arbitrations, and approaches and analogies in the countermeasures defense in investor-state disputes. This volume explores the political economy of crises and the international law of necessity after the great recession. In addition to this are articles on minilateral treaty-making and bilateral investment treaties; investment promotion, agencies; the trend toward open contracting; and new regulations on foreign acquisitions of land in Brazil and Argentina. This volume concludes with the winning memorials from the 2013 FDI International Moot Competition.

Product Details

ISBN-13:	9780190265779
Publisher:	Oxford University Press
Publication date:	08/26/2015
Series:	Yearbook on International Investment Law and Policy
Pages:	734
Product dimensions:	10.10(w) x 7.30(h) x 1.60(d)

About the Author

Andrea Bjorklund is the L. Yves Fortier Chair in International Arbitration and International Commercial Law, McGill University Faculty of Law, Montreal, Quebec, and Senior Fellow, Vale Columbia Center on Sustainable International Investment (VCC), New York She teaches courses in international arbitration and litigation, international trade, international investment, public international law, international business transactions, conflict of laws, and contracts. She is co-rapporteur of the International Law Association's Study Group on the Role of Soft-Law Instruments in International Investment Law and is an adviser to the American Law Institute's project on restating the U.S. law of international commercial arbitration. She also serves as Director of Studies for the American Branch of the International Law Association. She is listed in the International Who's Who of Commercial Arbitration and is on the roster of panelists who hear NAFTA Chapter 19 proceedings. She received her B.A. in History and French from the University of Nebraska, Lincoln, her M.A. in French Studies from New York University, and her J.D. from Yale Law School. She is admitted to practice before the Washington D.C. and Maryland Bars.

Table of Contents

Submission Policy
Contributors
Foreword by Louis T. Wells
Preface by the Editorial Committee

Part One

1. Trends in international investment and the activities of multinational enterprises: 2013-2014
Michael V. Gestrin

2. International Investment Agreements, 2013: A Review of Trends and New Approaches
Lise Johnson and Lisa Sachs

3. International Investment Law and Arbitration: 2013 in Review
Ian A. Laird, Borzu Sabahi, Frédéric G. Sourgens, Nicholas J. Birch, and Kabir Duggal

Part Two

British Institute of International and Comparative Law
Introduction - N. Jansen Calamita

4. The Principle of Proportionality and the Problem of Indeterminacy in International Investment Treaties
N. Jansen Calamita

5.Proportionality, Reasonableness and Standards of Review in Investment Treaty Arbitration
Valentina Vadi

6. The Role of Investors' Legitimate Expectations in Defense of Investment Treaty Claims
Claudia Annacker

Part Three

GENERAL ARTICLES

7. Balancing investor protection and regulatory freedom in international investment law: The necessary, complex and vital search for state purpose
Jürgen Kurtz

8. Jurisprudential interaction between ICSID tribunals and the International Court of Justice
Jure Zrilic

9. The Migration of Constitutional Ideas: The Strange Case of Proportionality in International Investment Law and Arbitration
Valentina Vadi

10. Inconsistency in Investor-State Awards and the Role of State Interpretations: the Example of the Mexican Sweetener Trio of Cases under NAFTA
Céline Lévesque

11. States Strike Back - Old and New Ways for Host States to Defend against Investment Arbitrations
Lars Markert and Catharine Titi

12. Revisiting the Countermeasures Defense in Investor-State Disputes:
Approach and Analogies
Preeti Bhagnani

13. The Political Economy of Crises and the International Law of Necessity after the Great Recession
Alberto Alvarez-Jimenez

14. Minilateral Treaty-Making in International Investment Law
Maninder Malli

15. A BIT of Promotion: Bilateral Investment Treaties and Investment Promotion Agencies
Jason Yackee

16. The Trend toward Open Contracting: Applicability and Implications for International Investment Agreements
Lindsey Marchessault and Michael Jarvis

17. New Regulations on Foreign Acquisitions of Land in Brazil and Argentina
Martin Delaroche

Part Four

Special Section
WINNING MEMORIALS FROM THE 2013 FOREIGN DIRECT INVESTMENT INTERNATIONAL MOOT COMPETITION (FDI MOOT)

18. Winning Claimant's Memorial: National Law University, Delhi

19. Winning Respondent Memorial: University of Buenos Aires