Reassertion of Control over the Investment Treaty Regime

Author： Andreas Kulick  

Publisher： Cambridge University Press‎

Publication year： 2016

E-ISBN: 9781316782088

P-ISBN(Paperback): 9781107172654

Subject： D996.4 International Investment Law

Keyword： 金融、银行

Language： ENG

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Reassertion of Control over the Investment Treaty Regime

Description

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.

Chapter

Cover

Half-title page

Title page

Copyright page

Contents

List of Contributors

Preface

Part I Introduction, Theory and Domestic Law Approaches

1 Reassertion of Control: An Introduction

2 Masters and Guardians of International Investment Law: How to Play the Game of Reassertion

3 Reassertion of Control and Contracting Parties’ Domestic Law Responses to Investment Treaty Arbitration: Between Reform, Reticence and Resistance

Part II Procedural Aspects and Avenues of Reassertion

4 Early Dismissal of Claims in Investment Arbitration

5 Keeping the Status Quo or Embarking on a New Course?: Setting Aside, Refusal of Enforcement, Annulment and Appeal

6 State-State Investment Arbitration as a Means of Reassertion of Control: From Antagonism to Dialogue

Part III Substantive Aspects and Avenues of Reassertion

7 Masters of Puppets?: Reassertion of Control through Joint Investment Treaty Interpretation

8 Systemic Integration: An Instrument for Reasserting the State’s Control in Investment Arbitration?

9 Reasserting Control through Withdrawal from Investment Agreements: What Role for the Law of Treaties?

10 Legitimate Regulatory Interests: Case Law and Developments in IIA Practice

11 State Controls over Available Remedies in Investor-State Arbitration

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’

13 How the European Commission and the EU Member States Are Reasserting Their Control over Their Investment Treaties and ISDS Rules

14 Arbitrator Selection: Towards Greater State Control

15 Arbitrator (Issue) Challenge: What’s the Real Issue?

Index

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