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Evolution, Evaluation and Future Developments in International Investment Law

Evolution, Evaluation and Future Developments in International Investment Law

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509947539
  • 出版时间 April 2021
  • 规格: Hardback
  • 适应领域: Germany ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 详细

    The law on the protection of foreign investments is situated at the crossroads of international law and diplomacy in the context of a globalized economy. It is therefore not surprising that investment law has undergone fundamental changes in the last decade. The exponential growth of arbitration cases has illustrated a number of complex legal and political issues that have called into question the efficiency and legitimacy of investor State dispute settlement (ISDS). Thus, even for experts in the field it is challenging to keep track with the rapid and fundamental changes of what is often described as one of the most dynamic fields of international law.

    Against this background, the present volume provides an 'Evolution, Evaluation, and Future Developments in International Investment Law'. World leading academics and practitioners shed light on the most important developments such as the evolution of investment law and its relationship to general international law, the practical importance of State contracts, the role of investment protection in the age of climate change, and current reform projects under the auspices of ICSID and UNCITRAL.

    The volume is based on six keynote speeches held at the 10 Year Anniversary Conference of the International Investment Law Centre Cologne. The keynote speeches are complemented by comments from different perspectives and thereby illustrate the ongoing exchange of thoughts between academics, counsel, arbitrators and representatives of international institutions.

  • Introduction
    Stephan Hobe

    Chapter 1: Evolution of International Investment Law
    Introduction
    Karl-Heinz Böckstiegel
    Evolution of Investment Law in Treaty Making and Arbitral Practice
    Christoph Schreuer
    Evolution of Investment Law in Treaty Making and Arbitral Practice: Comment from Counsel's Perspective
    Claudia Annacker
    Discussion moderated by Karl-Heinz Böckstiegel

    Chapter 2: International Investment Law and General International Law
    International Investment Law and General International Law: Comments on a Special Relationship
    Christian J. Tams
    International Investment Law and General International Law: Comment from Arbitrator's Perspective
    Bruno Simma
    Discussion moderated by Patricia Nacimiento

    Chapter 3: Drafting of Investor-State Contracts
    Pitfalls to Avoid in the Drafting of Investor-State Contracts
    Anke Sessler
    Investor-State Contracts: Comment from Arbitrator's Perspective
    Rudolf Dolzer
    Discussion moderated by Christian Borris

    Chapter 4: Investment Protection in the Age of Climate Change
    Investment Protection and Sustainable Energy Projects in the Age of Climate Change: Comment from Counsel's Perspective
    Markus Burgstaller
    Comment and Discussion moderated by Markus Gabbert

    Chapter 5: The Amendment Process of the ICSID Arbitration Rules
    Amendment to the ICSID Arbitration Rules: Towards Increasing Time and Cost Efficiency
    Francisco Abriani
    Amendment of the ICSID Arbitration Rules: Comment from Counsel's Perspective
    Sebastian Seelmann-Eggebert
    Discussion moderated by Nadia Darwazeh

    Chapter 6: UNCITRAL Reform Process on ISDS
    Introduction: An Overview of Institutional Efforts
    Moritz Keller
    UNCITRAL Reform Process on ISDS
    Corinne Montineri
    UNCITRAL Reform Process on ISDS: Comment from Arbitrator's Perspective
    August Reinisch
    Discussion moderated by Moritz Keller

    Concluding Remarks
    Julian Scheu

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