This important book examines the development of soft-law instruments in international investment law and the feasibility of a 'codification' of the present state of this field of international economic law. It draws together the views of international experts on the use of soft law in international law generally and in discrete fields such as WTO, commercial, and environmental law. The book assesses whether investment law has sufficiently coalesced over the last 50 years to be 'codified' and focuses particularly on topical issues such as most-favoured-nation treatment and expropriation. This timely book will appeal to academics interested in the development of international law and legal theory, to those working in investment law, Government investment treaty negotiators and arbitration practitioners.
Contents: 1. Introduction: ILA Study Group on the Role of Soft-Law Instruments in International Investment Law Andrea K. Bjorklund and August Reinisch 2. Sources of International Investment Law Moshe Hirsch 3. Soft Law in International Law: An Overview Melaku Geboye Desta 4. Assessing the Efficacy of Soft-Law Instruments Andrea K. Bjorklund 5. Soft-Law Instruments in Environmental Law: Models for International Investment Law? Kate Miles 6. Soft-Law Codifications in the Area of Commercial Law Giuditta Cordero-Moss 7. GATT/WTO Law and International Standards: An Example of Soft-Law Instruments Hardening Up? Melaku Geboye Desta 8. The Evolution of Investment Protection in Public International Law Treaties: The Lessons to be Learned Christian Tietje and Emily Sipiorski 9. Is the MFN Principle in International Investment Law Ripe for Multilateralization or Codification? Andreas R. Ziegler 10. Is Expropriation Ripe for Codification? - The Example of the Non-Discrimination Requirement for Lawful Expropriations August Reinisch 11. Soft Codification of International Investment Law August Reinisch and Andrea K. Bjorklund
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- ID: 9781781003213
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