Investment Law within International Law: Integrationist Perspectives
By: Freya Baetens (editor)Hardback
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Developments within various sub-fields of international law influence international investment law, but changes in investment law also have an impact on the evolution of other fields within international law. Through contributions from leading scholars and practitioners, this book analyses specific links between investment law and other sub-fields of international law such as the law on armed conflict, human rights, sustainable development, trade, development and EU law. In particular, this book scrutinises how concepts, principles and rules developed in the context of such sub-fields could inform the content of investment law. Solutions aimed at resolving problems in other settings may provide instructive examples for addressing current problems in the field of investment law, and vice versa. The underlying question is whether key sub-fields of public international law, notably international investment law, are open to cross-fertilisation, or, whether they are evolving further into self-contained regimes.
Freya Baetens is Assistant Professor of Public International Law at Leiden University and Visiting Professor at the World Trade Institute in Bern. Concurrently with her academic activities, she has assisted several arbitration panels and regularly contributes to the drafting of memorials and expert opinions in international dispute settlement as an associate lawyer with VVGB Advocaten/Avocats (Brussels). She has published on a wide range of topics, including treaty interpretation, state responsibility, equality, sustainable development, interaction between legal regimes, and EU external relations.
Foreword Nico Schrijver; Part I. International Investment and Armed Conflict: 1. The protection of investments in armed conflicts Christoph Schreuer; 2. The interaction between investment law and the law of armed conflict in the interpretation of full protection and security clauses Gleider I. Hernandez; 3. International criminal responsibility of transnational corporate actors doing business in zones of armed conflict Philipp Ambach; Part II. International Investment and Human Rights: 4. Investment tribunals and human rights treaties: a sociological perspective Moshe Hirsch; 5. The interaction of international investment arbitration and the rights of indigenous peoples Judith Levine; 6. The protection against expropriations in Venezuela: a right to property in theory? Leonie Timmers; 7. International human rights and the interpretation of international investment treaties - constitutional considerations N. Jansen Calamita; Part III. International Investment and Sustainable Development: 8. International investment agreements and the emerging green economy: rising up to the challenge Markus W. Gehring and Avidan Kent; 9. The role of international investment agreements in fostering sustainable development Wolfgang Alschner and Elisabeth Tuerk; 10. Reservations, corporate social responsibility, and other mechanisms in support of sustainable development in Canada's model Foreign Investment Promotion and Protection Agreement (FIPA) Pierre-Olivier Savoie; 11. Deciding international investment agreement applicability: the development argument in investment Diane A. Desierto; Part IV. International Investment, Trade and Developing Countries: 12. International investment law and trade: the relationship that never went away Mary E. Footer; 13. Reviewing the administration of domestic regulation in WTO and investment law: the international minimum standard as 'one standard to rule them all'? Anastasios Gourgourinis; 14. Are investment treaty standards flexible enough to meet the needs of developing countries? Ursula Kriebaum; 15. Relevance of the host state's development status in investment treaty arbitration Maria Gritsenko; Part V. International Investment and the European Union: 16. The investment regime under Article 207 TFEU: a legal conundrum, the scope of 'foreign direct investment' and the future of intra-EU BITs Friedl Weiss and Silke Steiner; 17. International investment and the European Union: an uneasy relationship Thomas Henquet; 18. The new EU competence in foreign direct investment and intra-EU investment treaties: does the emperor have new clothes? Rumiana Yotova; Part VI. Outlook: International Investment in the Twenty-First Century: 19. International investment dispute settlement in the twenty-first century: does the preservation of the public interest require an alternative to the arbitral model? Nicolas Hachez and Jan Wouters; 20. Non-investment obligations in investment treaty arbitration - towards a greater role for states? Vid Prislan; 21. Fragmentation, consolidation and the future relationship between international investment law and general international law Ralph Alexander Lorz.
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