Reassertion of Control over the Investment Treaty Regime

This book identifies a paradigm shift in international investment law and enquires into how states reassert control over investment treaties.

Andreas Kulick (Edited by)

9781107172654, Cambridge University Press

Hardback, published 15 December 2016

412 pages, 2 tables
22.9 x 15.2 x 2.4 cm, 0.72 kg

'The book attempts to analyse in comprehensive way and from various perspectives a trend which significantly shapes today's international investment law. It will definitely be of value to academics and practitioners of international law.' Ond?ej Svoboda, Czech Yearbook of International Law

Driven by public opinion in host states, contracting parties to investment agreements are pursuing many avenues in order to curb a system that is being perceived - correctly or not - as having run out of control. Reassertion of Control over the Investment Treaty Regime is the first book of its kind to examine the many issues of procedure, substantive law, and policy which arise from this trend. From procedural aspects such as frivolous claims mechanisms, the establishment of appeals mechanism or state-state arbitration, to substantive issues such as joint interpretations, treaty termination or detailed definitions of standards of protection, the book identifies and discusses the main means by which states do or may reassert their control over the interpretation and application of investment treaties. Each chapter tackles one of these avenues and evaluates its potential to serve as an instrument in states' reassertion of control.

Part I. Introduction, Theory and Domestic Law Approaches: 1. Reassertion of control – an introduction Andreas Kulick
2. Masters and guardians of international investment law: how to play the game of reassertion Martins Paparinskis
3. Reassertion of control and contracting parties' domestic law responses to investment treaty arbitration: between reform, reticence and resistance Mavluda Sattorova
Part II. Procedural Aspects and Avenues of Reassertion: 4. Early dismissal of claims in investment arbitration Friedrich Rosenfeld
5. Keeping the status quo or embarking on a new course? Setting aside, refusal of enforcement, annulment and appeal Freya Baetens
6. State-state investment arbitration as a means of reassertion of control: from antagonism to dialogue Andreas Kulick
Part III. Substantive Aspects and Avenues of Reassertion: 7. Masters of puppets? Reassertion of control through joint investment treaty interpretation Eleni Mathymaki and Antonis Tzanakopoulos
8. Systematic integration: an instrument for reasserting the states' control in investment arbitration? Rumiano Yotova
9. Reasserting control through withdrawal from investment agreements: what role for the law of treaties? Fernando Lusa Bordin
10. Legitimate regulatory interests: case law and developments in IIA practice Paul Barker
11. State control over available remedies in investment arbitration Diane Desierto
Part IV. Reassertion of Control Policy and Trends: 12. States' reassertion of control over international investment law: (re)defining 'fair and equitable treatment' and 'indirect expropriation' Eric de Brabandere
13. How the European Commission and EU member states are reasserting their control over their investment treaties and ISDS rules Nikos Lavranos
14. Arbitrator selection: towards greater state control Michael Waibel
15. Arbitrator (issue) challenge: what's the real issue? Stephen Wilske and Melanie Eckhardt.

Subject Areas: Transnational commercial law [LBDK], Treaties & other sources of international law [LBBC], Investment & securities [KFFM]