Brill Research Perspectives in International Investment Law and Arbitration provides a systematic review of key topics in this increasingly important area of international law and practice. Foreign investment (particularly FDI) continues to be a catalyst for development. To promote and protect the flow of such investments, countries worldwide have entered into thousands of investment treaties and domestic investment laws, which requires them to protect foreign investment in their territories. These treaties also allow foreign investors to directly sue governments before international arbitration tribunals for treaty violations ranging from old-fashioned “expropriation without compensation” to violations of more modern protections such as the so-called “fair and equitable” standard of treatment. The claims raise a mix of public international law, private and public law, and public policy issues requiring an examination of the legitimacy of a government’s exercise of its core functions including regulatory (involving taxation, health, and environment), administrative, and police powers and the balance of those against foreign investors’ rights under the treaties. This series addresses these issues and aims to provide an authoritative reference guide for scholars and practitioners.
Ian A. Laird is co-chair of Crowell & Moring’s International Dispute Resolution Group and practices in the firm’s Washington, D.C. office. He is an adjunct professor at Columbia University School of Law and Georgetown University Law Center. He represents a range of clients in international arbitration proceedings involving disputes between corporations and foreign sovereign governments. He is the co-founder and Editor-in-Chief of Investmentclaims.com (OUP) and Co-Director of the International Investment Law Center at the International Law Institute (ILI) in Washington, D.C.
Borzu Sabahi is an attorney in the International Arbitration Group of Curtis, Mallet-Prevost, Colt & Mosle LLP in Washington, D.C. He focuses his practice on representing various governments and State-owned entities in complex international arbitration and public international law disputes. He is also an adjunct professor of law at Georgetown and Columbia Law Schools, where he teaches seminars on the same subjects. He is Co-Director of the International Investment Law Center at the International Law Institute (ILI) in Washington, D.C. and an Editor of Investmentclaims.com (OUP).
Editors-in-Chief Ian A. Laird, Crowell & Moring; Columbia Law School; Georgetown University Law Center; International Law Institute Borzu Sabahi, Curtis, Mallet-Prevost, Colt & Mosle LLP; Georgetown University Law Center; International Law Institute