The negotiation of a patchy but burgeoning network of international investment agreements and the increasing use to which they are put is generating a growing body of jurisprudence which, while still evolving, requires closer analytical scrutiny. Drawing on many of the most distinguished voices in investment law and policy, and offering novel, multidisciplinary perspectives on the rapidly evolving landscape shaping international investment activity and treaty-making, this book explores the most important economic, legal and policy challenges in contemporary international investment law and policy. It also examines the systemic implications flowing from frenetic recent judicial activism in investment matters and advances several innovative propositions for how best to promote greater overall coherence in rule-design, treaty use and policy making and thus offer a better balance between the rights and obligations of international investors and host states.
Roberto Echandi is the Global Product Leader on Investment Policy of the Investment Climate team at the World Bank Group. Pierre Sauve is Deputy Managing Director and Director of Studies at the World Trade Institute, University of Bern.
1. Introduction and overview Roberto Echandi and Pierre Sauve; Part I. Current Paradigms in the Economics and Political Economy of International Investment Activity: 2. Understanding the latest challenges on international investment James Zhan; 3. Foreign direct investment and development: novel challenges Theodore H. Moran; 4. Actors in the international investment scenario: objectives, performance and advantages of affiliates of state-owned enterprises and sovereign wealth funds Sebastien Miroudot and Alexandros Ragoussis; 5. Investment treaties and globalisation of state capitalism: opportunities and constraints for host states Lauge N. Skovgaard Poulsen; 6. Reflections on the current paradigms of international investment activity Gary Clyde Hufbauer; 7. A southern perspective on the existing investment landscape Stephen Gelb; Part II. The Interaction between International Trade and Investment Regulation: 8. On the laws of attraction: examining the relationship between foreign investment and international trade Mary E. Footer; 9. Investment and trade: the 'Lottie and Lisa' of international economic law? Tomer Broude; 10. International trade and investment: towards a common regime? Debra P. Steger; 11. Perspectives on the interaction between international trade and investment regulation Christian Tietje; Part III. The Challenge of Fostering Greater Coherence in International Investment Law: 12. Practical and legal avenues to make substantive rules and disciplines of IIAs converge Andrea K. Bjorklund; 13. The procedural dimension: how to foster greater consistency in panel interpretation of substantive investment rules and disciplines Yas Banifatemi; 14. Coherence, convergence and consistency in international investment law Michael Ewing-Chow; 15. The challenge of fostering greater coherence in international investment law: an introduction August Reinisch; Part IV. The Policy and Rule-Making Challenges Arising from the Growth in Investment Litigation: 16. ICSID at a crossroads: some thoughts and recommendations for improving the dispute settlement system Margrete Stevens; 17. Rules for investor-state mediation: draft prepared by the International Bar Association State Mediation Committee Barton Legum, Anna Joubin-Bret and Inna Manassyan; 18. A novel approach towards addressing investor-state conflicts: development of investor-state dispute prevention mechanisms Roberto Echandi; 19. The growth in investment litigation: perspectives and challenges Laurence Boisson De Chazournes; 20. Different approaches to address challenges arising from increased investor-state litigation Andrea K. Bjorklund; Part V. The Quest for an Adequate Balance between Investment Protection and Liberalisation and Other Public Policy Objectives: 21. Sustainable development and international investment law: a harmonious view from economics Anne Van Aaken and Tobias Lehmann; 22. GATT Article XX and international investment law Barton Legum and Ioana Petculescu; 23. The inclusion of GATT Article XX exceptions in IIAs - a potentially risky policy Celine Levesque; 24. Managing expectations: beyond formal adjudication Susan Franck; Part VI. From an Uneven International Investment Regime towards a Coherent International Investment System: The Way Forward: 25. Coherence and consistency in international investment law Christoph Schreuer; 26. Perspectives for investment arbitration: consistency as a policy goal? Rudolf Dolzer; 27. Towards a coherent international investment system: key issues in the reform of international investment law Peter Muchlinski; 28. The way forward for the international investment regime Marino Baldi; 29. The way forward for the international investment regime: lessons from the past - perspectives for the future Rainer Geiger.