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International Investment Law and Arbitration: Commentary, Awards and other Materials, 2nd Edition

International Investment Law and Arbitration: Commentary, Awards and other Materials, 2nd Edition

  • 作者:
  • 出版商: Cambridge University Press
  • ISBN: 9781108823203
  • 出版时间 June 2021
  • 规格: Paperback , 682 pages
  • 适应领域: International ? 免责申明:
    Countri(es) stated herein are used as reference only

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  • 描述 
  • 大纲 
  • 作者 
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  • 详细

    International investment law and arbitration is a rapidly evolving field, and can be difficult for students to acquire a firm understanding of, given the considerable number of published awards and legal writings. The first edition of this text, cited by courts in Singapore and Colombia, overcame this challenge by interweaving extracts from these arbitral decisions, treaties and scholarly works with concise, up-to-date and reliable commentary. Now fully updated and with a new chapter on arbitrators, the second edition retains this practical structure along with the carefully curated end-of-chapter questions and readings. The authors consider the new chapter an essential revision to the text, and a discussion which is indispensable to understanding the present calls for reform of investment arbitration. The coverage of the book has also been expanded, with the inclusion of over sixty new awards and judicial decisions, comprising both recent and well-established jurisprudence. This textbook will appeal to graduates studying international investment law and international arbitration, as well as being of interest to practitioners in this area.

    • Brand new chapter on arbitrators, and over 60 new awards and judicial decisions covered
    • End-of-chapter questions to test reader understanding, as well as curated lists of further readings to support and encourage exploration of the subject
    • Retains the approach of the previous edition, where commentary is interspersed with other materials and awards, possessing both historical and forward looking aspects
  • Foreword
    Preface
    Acknowledgements
    Table of treaties, national legislation, cases and awards
    List of abbreviations
    1. The origins of investment protection and international investment law
    2. Investment contracts and internationalisation
    3. The metamorphosis of investment treaties
    4. Investment dispute settlement
    5. Jurisdiction, admissibility and parallel proceedings
    6. Applicable laws
    7. Arbitrators
    8. Evidence
    9. Provisional measures
    10. Protected Investments
    11. Protected investors
    12. Fair and equitable treatment, and full protection and security
    13. Contingent standards: national treatment and most-favoured nation treatment
    14. Expropriation
    15. Umbrella clauses
    16. Defences
    17. Remedies
    18. Costs and legal fees
    19. Challenging and enforcing awards, and the question of foreign state immunities
    20. New directions in international investment law and arbitration
    Index.

  • C. L. LimThe Chinese University of Hong Kong
    C. L. Lim is the Choh-Ming Li Professor of Law at the Chinese University of Hong Kong, a visiting professor at King's College London and Honorary Senior Fellow of the British Institute of International and Comparative Law. He practises as a barrister with Keating Chambers, London. Lim worked previously as international law counsel for a government as well as at the United Nations Compensation Commission in Geneva, and he served three terms on a committee advising Hong Kong's Commerce Secretary. He is currently participating in the UNCITRAL WGIII deliberations in which he represents an observer entity.

    Jean HoNational University of Singapore
    Jean Ho is Associate Professor of Law at the National University of Singapore. She previously practised international investment law and arbitration at Shearman and Sterling LLP and now acts as counsel in investor–State disputes. She is a Member of the BIICL's Investment Treaty Forum, a Member of the Executive Council of the Asian Society of International Law, a Member of the Editorial Advisory Board of the Asian Journal of International Arbitration, and an Expert on the UNIDROIT Working Group on Agricultural Land Investment Contracts.

    Martins PaparinskisUniversity College London
    Martinis Paparinskis is Reader in Public International Law at University College London, Faculty of Laws. He is the Book Review Editor of Journal of World Investment and Trade, a member of the Panels of Arbitrators and of Conciliators of the International Centre for Settlement of Investment Disputes, and a member of the Permanent Court of Arbitration, and a conciliator of the OSCE Court of Conciliation and Arbitration.

  • 'This volume deftly introduces scholars and students to a sweeping range of issues in international investment law and arbitration, from the historical origins of investment protection to contemporary reform proposals in investor-State dispute settlement. Beautifully written, it covers each issue in meticulous detail, while enhancing understanding and practical lessons through the use of further materials from cases, treaties and literature.' Tania Voon, University of Melbourne

    'This exhaustive and extensive international investment law coursebook is highly accessible and authoritative. The authors have elegantly presented each chapter taking into account the most significant developments and debates in the field. The entire volume is a rich and very accessible resource for teaching and research.' James Thuo Gathii, Loyola University, Chicago

    'With expanded topics and new cases, as well as updated developments, this superb volume covers all one needs to know about the rapid progress of international investment law and arbitration. An indispensable reading for understanding the complexity and unpredictability of the subjects involved.' Yuwen Li, University of Rotterdam

    'I had long been seeking a coursebook that managed in reasonable compass to address both international investment law and ISDS in a user-friendly style, when happily the first edition caught my attention. The book takes a sprawling subject and makes it manageable. I am delighted that the authors wasted no time in producing this welcome second edition.' George Bermann, Columbia University

    'This book is a comprehensive study of international investment law and arbitration, covering from the historical origins of the field up to its current quest for systemic reform. The detailed analysis of the jurisprudence of investment tribunals and scholarly commentaries makes it a contribution of high academic level and the same time extremely useful for practitioners.' Gabriel Bottini, University of Buenos Aires

    'This work covers all the stages of investment law, from its origins to developments in the last years, and approaches the topic in methodologically novel terms. It also addresses the latest trends in investment treaties, as well as the most recent decisions of arbitration tribunals. It will be a valuable tool for both students and specialists in the field.' Silvina Gonzalez Napolitano, University of Buenos Aires

    'This book is insightful, thought provoking and rich in materials and commentaries alike. The authors have reviewed and selected useful sources and materials, while also providing instructive and intriguing commentary accessible for any reader, irrespective of their experience or prior knowledge. I commend the authors for the excellent work and timely update.' Loukas Mistelis, Queen Mary, London

    'This second edition will be welcomed by all experts of international investment law, as well as students and lawyers from other disciplines for whom it will be an invaluable resource in building or deepening their knowledge of the field filed. The authors must be praised for combining a systematic approach to both substantive and procedural aspects, with the richness of their reference to case law.' Giorgio Sacerdoti, Bocconi University

    'International Investment Law and Arbitration provides a comprehensive, accessible and up-to-date overview of investor–state arbitration. The book is likely to be appreciated by both students and specialists of international investment law.' Catherine Titi, CNRS-CERSA, University Paris II Panthéon-Assas

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