Reshaping the investor-state dispute settlement system : journeys for the 21st century /
Reshaping the investor-state dispute settlement system : journeys for the 21st century /
edited by Jean E. Kalicki and Anna Joubin-Bret.
- 1 online resource (xl, 1003 pages)
- Nijhoff international investment law series ; v. 4 .
- Nijhoff International Investment Law Series 4. International Law E-Books Online, Collection 2015, ISBN: 9789004287440. .
Includes bibliographical references (p. 891-938) and index.
Preliminary Material -- Introduction / 1 Delegating Interpretative Authority in Investment Treaties: The Case of Joint Administrative Commissions / 2 Lessons from International Uniform Law / 3 Which Is to Be the Master? Extra-Arbitral Interpretative Procedures for IIAs / 4 Keeping Interpretation in Investment Treaty Arbitration ‘on Track’: The Role of State Parties / 5 Travaux Préparatoires and the Legitimacy of Investor-State Arbitration / 6 Reform of Investor-State Dispute Settlement: The U.S. Experience / 7 Rethinking Rights and Responsibilities in Investor-State Dispute Settlement: Some Model International Investment Agreement Provisions / 8 Examining the Formative Aspect of Investment Treaty Commitments: Lessons from Commercial Law and Trade Law / 9 Limiting Investor Access to Investment Arbitration: A Solution without a Problem? / 10 Back to the Future: Contemplating a Return to the Exhaustion Rule / 11 ISDS Growing Pains and Responsible Adulthood / 12 In Search of a Model for the Reform of International Investment Dispute Resolution: An Analysis of Existing International and Regional Dispute Settlement Mechanisms / 13 The Abiding Role of State-State Engagement in the Resolution of Investor-State Disputes / 14 Permanent Investment Tribunals: The Momentum is Building Up / 15 The Challenges of Creating a Standing International Investment Court / 16 Making Impossible Investor-State Reform Possible / 17 Appellate Mechanisms for Investment Arbitration: Worth a Second Look for the Trans-Pacific Partnership and the Proposed EU-U.S. FTA? / 18 Appellate Review in Investor-State Arbitration / 19 Reform of the Investor-State Arbitration Regime: The Appeal Proposal / 20 Introduction of an Appellate Review Mechanism for International Investment Disputes: Expected Benefits and Remaining Tasks / 21 Why ICSID Doesn’t Need an Appellate Procedure, and What to Do Instead / 22 Fragmentation and Harmonization in the ICSID Decision-Making Process / 23 Initial Hiccups or More? Efforts of the EU to Find Its Future Role in International Investment Law / 24 The Emperor Has No Clothes: A Critique of the Debate Over Reform of the ISDS System / 25 Advancing Reform at ICSID / 26 UN Commission on International Trade Law and Multilateral Rule-making: Consensus, Sovereignty and the Role of International Organizations in the Preparation of the UNCITRAL Rules on Transparency / 27 Inter-Governmental Evaluation of Investor-State Dispute Settlement: Recent Work at the OECD-Hosted Freedom of Investment Roundtable / Anna Joubin-Bret and Jean E. Kalicki -- Anne van Aaken -- Joshua Karton -- Michael Ewing-Chow and Junianto James Losari -- Tomoko Ishikawa -- Baiju S. Vasani and Anastasiya Ugale -- Karen L. Kizer and Jeremy K. Sharpe -- Elizabeth Boomer -- Locknie Hsu -- Liang-Ying Tan and Amal Bouchenaki -- Daniel Kalderimis -- Silvia Constain -- Nicolette Butler -- Theodore R. Posner and Marguerite C. Walter -- Omar E. García-Bolívar -- Eduardo Zuleta -- Luis González García -- Barton Legum -- Eun Young Park -- Gabriel Bottini -- Jaemin Lee -- Kristina Anđeli -- Roberto Castro de Figueiredo -- Jan Asmus Bischoff -- J.J. Saulino and Josh Kallmer -- Antonio R. Parra -- Julia Salasky and Corinne Montineri -- David Gaukrodger and Kathryn Gordon.
Available to subscribing member institutions only.
In Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century , editors Jean E. Kalicki and Anna Joubin-Bret offer for the first time a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has generated a strong debate, usually framed by complaints about a perceived lack of legitimacy, consistency and predictability. While some ideas have been proposed for improvement, there has never before been a book systematically focusing on constructive paths forward. This volume features 38 chapters by almost 50 leading contributors, all offering concrete proposals to improve the ISDS system for the 21st century.
9789004291102
10.1163/9789004291102 DOI
2014049194
Investments, Foreign (International law)
International commercial arbitration.
International commercial arbitration.
Investments, Foreign (International law)
K3830 / .R47 2015
346/.092
Includes bibliographical references (p. 891-938) and index.
Preliminary Material -- Introduction / 1 Delegating Interpretative Authority in Investment Treaties: The Case of Joint Administrative Commissions / 2 Lessons from International Uniform Law / 3 Which Is to Be the Master? Extra-Arbitral Interpretative Procedures for IIAs / 4 Keeping Interpretation in Investment Treaty Arbitration ‘on Track’: The Role of State Parties / 5 Travaux Préparatoires and the Legitimacy of Investor-State Arbitration / 6 Reform of Investor-State Dispute Settlement: The U.S. Experience / 7 Rethinking Rights and Responsibilities in Investor-State Dispute Settlement: Some Model International Investment Agreement Provisions / 8 Examining the Formative Aspect of Investment Treaty Commitments: Lessons from Commercial Law and Trade Law / 9 Limiting Investor Access to Investment Arbitration: A Solution without a Problem? / 10 Back to the Future: Contemplating a Return to the Exhaustion Rule / 11 ISDS Growing Pains and Responsible Adulthood / 12 In Search of a Model for the Reform of International Investment Dispute Resolution: An Analysis of Existing International and Regional Dispute Settlement Mechanisms / 13 The Abiding Role of State-State Engagement in the Resolution of Investor-State Disputes / 14 Permanent Investment Tribunals: The Momentum is Building Up / 15 The Challenges of Creating a Standing International Investment Court / 16 Making Impossible Investor-State Reform Possible / 17 Appellate Mechanisms for Investment Arbitration: Worth a Second Look for the Trans-Pacific Partnership and the Proposed EU-U.S. FTA? / 18 Appellate Review in Investor-State Arbitration / 19 Reform of the Investor-State Arbitration Regime: The Appeal Proposal / 20 Introduction of an Appellate Review Mechanism for International Investment Disputes: Expected Benefits and Remaining Tasks / 21 Why ICSID Doesn’t Need an Appellate Procedure, and What to Do Instead / 22 Fragmentation and Harmonization in the ICSID Decision-Making Process / 23 Initial Hiccups or More? Efforts of the EU to Find Its Future Role in International Investment Law / 24 The Emperor Has No Clothes: A Critique of the Debate Over Reform of the ISDS System / 25 Advancing Reform at ICSID / 26 UN Commission on International Trade Law and Multilateral Rule-making: Consensus, Sovereignty and the Role of International Organizations in the Preparation of the UNCITRAL Rules on Transparency / 27 Inter-Governmental Evaluation of Investor-State Dispute Settlement: Recent Work at the OECD-Hosted Freedom of Investment Roundtable / Anna Joubin-Bret and Jean E. Kalicki -- Anne van Aaken -- Joshua Karton -- Michael Ewing-Chow and Junianto James Losari -- Tomoko Ishikawa -- Baiju S. Vasani and Anastasiya Ugale -- Karen L. Kizer and Jeremy K. Sharpe -- Elizabeth Boomer -- Locknie Hsu -- Liang-Ying Tan and Amal Bouchenaki -- Daniel Kalderimis -- Silvia Constain -- Nicolette Butler -- Theodore R. Posner and Marguerite C. Walter -- Omar E. García-Bolívar -- Eduardo Zuleta -- Luis González García -- Barton Legum -- Eun Young Park -- Gabriel Bottini -- Jaemin Lee -- Kristina Anđeli -- Roberto Castro de Figueiredo -- Jan Asmus Bischoff -- J.J. Saulino and Josh Kallmer -- Antonio R. Parra -- Julia Salasky and Corinne Montineri -- David Gaukrodger and Kathryn Gordon.
Available to subscribing member institutions only.
In Reshaping the Investor-State Dispute Settlement System: Journeys for the 21st Century , editors Jean E. Kalicki and Anna Joubin-Bret offer for the first time a broad compendium of practical suggestions for reform of the current system of resolving international investment treaty disputes. The increase in cases against States and their challenge to public policy measures has generated a strong debate, usually framed by complaints about a perceived lack of legitimacy, consistency and predictability. While some ideas have been proposed for improvement, there has never before been a book systematically focusing on constructive paths forward. This volume features 38 chapters by almost 50 leading contributors, all offering concrete proposals to improve the ISDS system for the 21st century.
9789004291102
10.1163/9789004291102 DOI
2014049194
Investments, Foreign (International law)
International commercial arbitration.
International commercial arbitration.
Investments, Foreign (International law)
K3830 / .R47 2015
346/.092