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The compatibility of ISDS in Bilateral Investment Treaties (BITs) and the Energy Charter Treaty (ECT) with the autonomy of EU law
The EU’s participation in international dispute resolution mechanisms presents particular problems owing to its multilevel governance and its autonomy from international and national law. The inclusion of foreign direct investment in the Common Commercial policy in the Treaty of Lisbon, expanded those to investment arbitrations under Member States’ BITs, as the Court of Justice ruled in Achmea. EU Law and International Investment Arbitration, examines the impact of that inclusion beyond Achmea, from the perspectives of international and EU law, to the remaining extra-EU BITs of the Member States and the Energy Charter Treaty.
Author: Yuliya Chernykh
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
Reconciling Free Movement of Capital with Public Interest Objectives
This book explores how the EU free movement of capital provisions can be interpreted in order to allow certain forms of State participation in the market for the purposes of protecting public interest objectives in the context of privatisations and golden shares. Drawing from the international controversy regarding the risks and benefits of capital liberalisation, the book argues that the broad interpretation of ‘capital restrictions’ under Article 63 TFEU has significant consequences for national political economy choices and investigates the extent to which the existing legal framework set out in the Treaties offers room for reconciling economic integration with societal values.
Volume Editor: Ying-jeou Ma
This contribution provides the important and timely bilingual version of the Chinese Civil Code and the Supreme People’s Court’s Judicial Interpretation of the Temporal Effect of the Civil Code. Providing translations by a diverse group of esteemed legal scholars, on Contract Law, Tort Law, Marriage, Family and Succession Law, General and Personality Provisions and Property Law, this unique resource will be important for all those with an interest in Chinese Law.
The main ambition of this work is to shed a different light on international economic adjudication, using methods drawn from different social sciences and evolving around the idea of critical discourse analysis. It studies the case law as a discourse, adopting a CLS and Neo-Gramscian approach, to unveil the neoliberal and hegemonic structures of international economic adjudication. Starting from the technical issue of the use of unwritten law, it provides context to understand how judicial power structures have built a certain vision of the global economy, rooted in a neoliberal understanding of the world. L'objectif principal de ce travail est de porter un regard nouveau sur le contentieux international économique, en utilisant des méthodes issues de différentes sciences sociales et évoluant autour de l'idée d'analyse critique du discours. Étudiant la jurisprudence en tant que discours et adoptant une approche critique et néo-gramscienne, il entend dévoiler les assises néolibérales et hégémoniques de ce contentieux. Partant de la question technique de l'utilisation du droit non écrit, il fournit des éléments de contexte pour comprendre comment les structures du pouvoir judiciaire ont construit une certaine vision de l'économie mondiale, ancrée dans une compréhension néolibérale du monde.
Volume Editor: Chia-Jui Cheng
A New Global Economic Order: New Challenges to International Trade Law examines the dislocating effects of the policies implemented by the Trump Administration on the global economic order. Leading scholars and practitioners of international economic law come together to defend multilateralism against unilateralism and populism. Further, the book analyzes the current US Administration’s new national recovery blueprint on how to draw a line of demarcation from previous policies. Edited by Chia-Jui Cheng, the collection offers a compelling new strategy for defending a multilateral international economic order which preserves the public good, international peace and prosperity, and shapes a new global economic order, leading to "a new community of the common destiny of mankind".
Anti-Imperialist Perspectives on American Geo-Economic Strategy
Volume Editors: Stuart Davis and Immanuel Ness
Sanctions as War: Anti-imperialist Perspectives on American Geo-Economic Strategy offers the first comprehensive account of economic sanctions as a tool for exercising American power on the global stage. Since the 1980s, the US has steadily increased its reliance on economic sanctions, or the imposition of extensive financial penalties for violation of given rules, to fight its foreign policy battles. Perceived as a less costly and damaging alternative to kinetic military engagement, economic sanctions have been levied against over 25 other countries. In the process, sanctions have destroyed thousands of innocent lives and wreaked inestimable damages to civil society.

To understand how sanctions function as a war-making strategy, this collection offers chapters that address the theory and history of economic sanctions as well as chapter-length case studies of sanctions exercised against the civilian populations of Iraq, Venezuela, and other nations.

Contiributors are: Shireen Al-Adeimi; Tim Beal; Renate Bridenthal; Jesse Bucher; Stuart Davis; Gregory Elich; Manu Karuka; Jeremy Kuzmarov; Fangfei Lin; Washington Mazorodze; Tanner Mirrlees; Corinna Mullin; Junki Nakahara; Nima Nakhaei; Immanuel Ness; Sarah Raymundo; Muhammad Sahimi; Saif Shahin; Greg Shupak; Gregory Wilpert; Zhun Xu; Helen Yaffe
In this book James Nafziger covers emerging topics of cultural heritage law, a relatively new landmark in the field of both national and international law. His primary focus is on the frontiers identified and developed by the numerous work products of the International Law Association's Committee on Cultural Heritage Law, expanded and updated by some of his own writings. The construction of cultural heritage law is a good example of transnationalism at work, combining national initiatives with diplomacy, UNESCO and other intergovernmental agreements, international custom, and non-governmental initiatives such as the ILA committee's own contributions. These have included published studies, annotated principles and resolutions, draft treaties and a book focused on national practices in the international trade of cultural material. This volume concludes by briefly exploring current and future frontiers of a burgeoning range of topics that are central to many people's daily experiences and interests..
Author: Reza Eftekhar
The Role of the Domestic Law of the Host State in Determining the Jurisdiction ratione materiae of Investment Treaty Tribunals: The Partial Revival of the Localisation Theory? focuses on the largely unexplored role of the host state law in determining the jurisdiction ratione materiae of investment treaty tribunals. Given domestic law’s essential role in subject-matter jurisdiction issues, and in the light of the broader function of host state law and host state courts in contemporary investment treaty law, the author argues that the dormant “localisation” theory that was raised and defended by developing countries in the 1960s-1970s in the context of foreign investment contract disputes has now been partially revived in the area of the investment treaty law. This is a significant milestone in the ongoing discussions on the reform of the investment treaty dispute settlement regime.