Prospects in International Investment Law and Policy
World Trade Forum

Addresses the most central debates in contemporary investment law and policy.

Roberto Echandi (Edited by), Pierre Sauvé (Edited by)

9781107035867, Cambridge University Press

Hardback, published 18 April 2013

491 pages, 6 b/w illus.
23.6 x 15.8 x 3.1 cm, 0.84 kg

'Overall, Mr Echandi and Mr Sauvé have put together a significant publication; concise, informative and refreshing to read. Its content is insightful, wide reaching and flirts with the utmost frontier of international investment law. Although an abundance of works address the subject, this volume stands out as a text from which both practitioners and academics may equally benefit and draw inspiration.' Carlos Humberto Garcia Guzman and Christian Campbell, Transnational Dispute Management

The negotiation of a patchy but burgeoning network of international investment agreements and the increasing use to which they are put is generating a growing body of jurisprudence which, while still evolving, requires closer analytical scrutiny. Drawing on many of the most distinguished voices in investment law and policy, and offering novel, multidisciplinary perspectives on the rapidly evolving landscape shaping international investment activity and treaty-making, this book explores the most important economic, legal and policy challenges in contemporary international investment law and policy. It also examines the systemic implications flowing from frenetic recent judicial activism in investment matters and advances several innovative propositions for how best to promote greater overall coherence in rule-design, treaty use and policy making and thus offer a better balance between the rights and obligations of international investors and host states.

1. Introduction and overview Roberto Echandi and Pierre Sauvé
Part I. Current Paradigms in the Economics and Political Economy of International Investment Activity: 2. Understanding the latest challenges on international investment James Zhan
3. Foreign direct investment and development: novel challenges Theodore H. Moran
4. Actors in the international investment scenario: objectives, performance and advantages of affiliates of state-owned enterprises and sovereign wealth funds Sébastien Miroudot and Alexandros Ragoussis
5. Investment treaties and globalisation of state capitalism: opportunities and constraints for host states Lauge N. Skovgaard Poulsen
6. Reflections on the current paradigms of international investment activity Gary Clyde Hufbauer
7. A southern perspective on the existing investment landscape Stephen Gelb
Part II. The Interaction between International Trade and Investment Regulation: 8. On the laws of attraction: examining the relationship between foreign investment and international trade Mary E. Footer
9. Investment and trade: the 'Lottie and Lisa' of international economic law? Tomer Broude
10. International trade and investment: towards a common regime? Debra P. Steger
11. Perspectives on the interaction between international trade and investment regulation Christian Tietje
Part III. The Challenge of Fostering Greater Coherence in International Investment Law: 12. Practical and legal avenues to make substantive rules and disciplines of IIAs converge Andrea K. Bjorklund
13. The procedural dimension: how to foster greater consistency in panel interpretation of substantive investment rules and disciplines Yas Banifatemi
14. Coherence, convergence and consistency in international investment law Michael Ewing-Chow
15. The challenge of fostering greater coherence in international investment law: an introduction August Reinisch
Part IV. The Policy and Rule-Making Challenges Arising from the Growth in Investment Litigation: 16. ICSID at a crossroads: some thoughts and recommendations for improving the dispute settlement system Margrete Stevens
17. Rules for investor–state mediation: draft prepared by the International Bar Association State Mediation Committee Barton Legum, Anna Joubin-Bret and Inna Manassyan
18. A novel approach towards addressing investor–state conflicts: development of investor–state dispute prevention mechanisms Roberto Echandi
19. The growth in investment litigation: perspectives and challenges Laurence Boisson De Chazournes
20. Different approaches to address challenges arising from increased investor–state litigation Andrea K. Bjorklund
Part V. The Quest for an Adequate Balance between Investment Protection and Liberalisation and Other Public Policy Objectives: 21. Sustainable development and international investment law: a harmonious view from economics Anne Van Aaken and Tobias Lehmann
22. GATT Article XX and international investment law Barton Legum and Ioana Petculescu
23. The inclusion of GATT Article XX exceptions in IIAs – a potentially risky policy Céline Lévesque
24. Managing expectations: beyond formal adjudication Susan Franck
Part VI. From an Uneven International Investment Regime towards a Coherent International Investment System: The Way Forward: 25. Coherence and consistency in international investment law Christoph Schreuer
26. Perspectives for investment arbitration: consistency as a policy goal? Rudolf Dolzer
27. Towards a coherent international investment system: key issues in the reform of international investment law Peter Muchlinski
28. The way forward for the international investment regime Marino Baldi
29. The way forward for the international investment regime: lessons from the past – perspectives for the future Rainer Geiger.

Subject Areas: Arbitration, mediation & alternative dispute resolution [LNAC5], International economic & trade law [LBBM], Public international law [LBB], Law [L]