Reassertion of Control over the Investment Treaty Regime
Reassertion of Control over the Investment Treaty Regime
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.
- Focuses on procedural and substantive avenues of reassertion of control, appealing particularly to practitioners confronted with specific legal issues
- Identifies and elaborates the paradigm of assertion control, tackling an emerging trend head on, and reflecting about its theoretical and practical implications
- Discusses how states may reassert control over IIAs, the first book of its kind to do so systematically and with the aim to cover the main avenues of assertion
Reviews & endorsements
'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.' Ondřej Svoboda, Czech Yearbook of International Law
Product details
December 2016Hardback
9781107172654
412 pages
229 × 152 × 24 mm
0.72kg
2 tables
Available
Table of Contents
- 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.
