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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.
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.
The Policy Space in International Intellectual Property Law presents a critical and original examination of the policy space in international intellectual property law through the unique lens of glocalisation. Distinguishing between the unregulated local space and the regulated glocal space as distinct components of this policy space, it contends that it is within the glocal space that states can resist or adapt the globalising waves flowing from the international intellectual property system. It discusses both the contours and the components of this glocal space. It further highlights the important role that the WTO’s adjudicatory bodies play in preserving this glocal space in international intellectual property law.
The Policy Space in International Intellectual Property Law presents a critical and original examination of the policy space in international intellectual property law through the unique lens of glocalisation. Distinguishing between the unregulated local space and the regulated glocal space as distinct components of this policy space, it contends that it is within the glocal space that states can resist or adapt the globalising waves flowing from the international intellectual property system. It discusses both the contours and the components of this glocal space. It further highlights the important role that the WTO’s adjudicatory bodies play in preserving this glocal space in international intellectual property law.
Facts, Policy and Legal Implications
The open access publication of this book has been published with the support of the Swiss National Science Foundation.
The massive accumulation of plastics in marine environments is one of the most pressing environmental concerns of our time. This book examines the relevant international legal framework applying to land-based sources of plastic pollution. Against the backdrop of the dynamics of recent policy formulation in this field, it outlines the main developments and provides a snapshot inventory of state obligations related to plastic pollution mitigation. The Mitigation of Marine Plastic Pollution in International Law identifies the main barriers and opportunities, and points out the possible building blocks of an enhanced regime.
The massive accumulation of plastics in marine environments is one of the most pressing environmental concerns of our time. This book examines the relevant international legal framework applying to land-based sources of plastic pollution. Against the backdrop of the dynamics of recent policy formulation in this field, it outlines the main developments and provides a snapshot inventory of state obligations related to plastic pollution mitigation. The Mitigation of Marine Plastic Pollution in International Law identifies the main barriers and opportunities, and points out the possible building blocks of an enhanced regime.
Facts, Policy and Legal Implications
The open access publication of this book has been published with the support of the Swiss National Science Foundation.
The massive accumulation of plastics in marine environments is one of the most pressing environmental concerns of our time. This book examines the relevant international legal framework applying to land-based sources of plastic pollution. Against the backdrop of the dynamics of recent policy formulation in this field, it outlines the main developments and provides a snapshot inventory of state obligations related to plastic pollution mitigation. The Mitigation of Marine Plastic Pollution in International Law identifies the main barriers and opportunities, and points out the possible building blocks of an enhanced regime.
The massive accumulation of plastics in marine environments is one of the most pressing environmental concerns of our time. This book examines the relevant international legal framework applying to land-based sources of plastic pollution. Against the backdrop of the dynamics of recent policy formulation in this field, it outlines the main developments and provides a snapshot inventory of state obligations related to plastic pollution mitigation. The Mitigation of Marine Plastic Pollution in International Law identifies the main barriers and opportunities, and points out the possible building blocks of an enhanced regime.
This unique series offers the reader a comprehensive, bilingual analysis on a case-by-case basis of the jurisprudence of the WTO. Each case study contains: a synopsis and details of the case in question, and important bibliographical references; these are followed by a summary of the facts and procedure, claims of the parties, findings of the panel, issues raised in the appeal, conclusions of the appellate body and scholarly observations. Each case is analyzed by a different scholar in the field, so as to ensure the involvement in the series of the widest range of (English and French speaking) scholars and practitioners.
This approach to the case-law gives the reader a complete and objective account of the reasoning of the dispute resolution mechanism, including numerous quotes (in italics when they are extracted from the case in question, for ease of reference), while at the same time offering a critical perspective, which analyses the reasoning adopted and places it in a global perspective.
The volumes are organized chronologically.
This approach to the case-law gives the reader a complete and objective account of the reasoning of the dispute resolution mechanism, including numerous quotes (in italics when they are extracted from the case in question, for ease of reference), while at the same time offering a critical perspective, which analyses the reasoning adopted and places it in a global perspective.
The volumes are organized chronologically.
Call for submissions
- Young Practitioners and Scholars Essay Competition 2020.
- Papers for the 2020 issue with a focus on the theme “The changing face of European investment law and arbitration” .
With the entrance of the European Union into the field of International Investment Law and Arbitration, a new specialist field of law, namely ‘European Investment Law and Arbitration’ is in the making. This new field of law draws on EU Law, Public International Law, International Investment Law, International Arbitration Law and Practice and International Economic Law, while others fields of law such as Energy Law are also relevant.
The European Investment Law and Arbitration Review is the first law periodical specifically dedicated to the field of ‘European Investment Law and Arbitration’. The timing could not be better. The first EU integrated investment treaties with Canada (CETA), US (TTIP) and Singapore (EU-SING) are either negotiated or about to be signed and ratified by the EU and its Member States. These are “integrated” investment treaties in that they combine free trade agreement provisions with international investment agreement norms. Moreover, the Court of Justice of the EU (CJEU) is about to deliver its first judgments and Opinions directly relating to intra-EU BITs and the EU-SING FTA. More generally, the public debate and discussions within academic and practitioner circles about the pros and cons of investor-state dispute settlement (ISDS) and investment treaties in general is intensifying almost on a daily basis.
The Review will cover all these issues, but also goes beyond that by offering space for more innovative approaches and themes.
Published under the auspices of Queen Mary University of London and EFILA.
The European Investment Law and Arbitration Review is also available online.
- Young Practitioners and Scholars Essay Competition 2020.
- Papers for the 2020 issue with a focus on the theme “The changing face of European investment law and arbitration” .
With the entrance of the European Union into the field of International Investment Law and Arbitration, a new specialist field of law, namely ‘European Investment Law and Arbitration’ is in the making. This new field of law draws on EU Law, Public International Law, International Investment Law, International Arbitration Law and Practice and International Economic Law, while others fields of law such as Energy Law are also relevant.
The European Investment Law and Arbitration Review is the first law periodical specifically dedicated to the field of ‘European Investment Law and Arbitration’. The timing could not be better. The first EU integrated investment treaties with Canada (CETA), US (TTIP) and Singapore (EU-SING) are either negotiated or about to be signed and ratified by the EU and its Member States. These are “integrated” investment treaties in that they combine free trade agreement provisions with international investment agreement norms. Moreover, the Court of Justice of the EU (CJEU) is about to deliver its first judgments and Opinions directly relating to intra-EU BITs and the EU-SING FTA. More generally, the public debate and discussions within academic and practitioner circles about the pros and cons of investor-state dispute settlement (ISDS) and investment treaties in general is intensifying almost on a daily basis.
The Review will cover all these issues, but also goes beyond that by offering space for more innovative approaches and themes.
Published under the auspices of Queen Mary University of London and EFILA.
The European Investment Law and Arbitration Review is also available online.
Editor:
Wenhua Shan
Silk Road Studies in International Economic Law offers incisive analysis of the latest developments in international and comparative law, with particular attention to interactions with China. The Series was inspired by the Silk Road International Workshop and Roundtable Series on International Economic Law and is the flagship book series of the Silk Road Institute for International and Comparative Law (SRIICL).
The Series aims to promote international rule of law by publishing volumes which thoroughly analyze the state of the field, and offer a global range of perspectives. Silk Road Studies in International and Comparative Law will be highly relevant to practitioners and scholars alike.
The Series aims to promote international rule of law by publishing volumes which thoroughly analyze the state of the field, and offer a global range of perspectives. Silk Road Studies in International and Comparative Law will be highly relevant to practitioners and scholars alike.
In The Investment Game in Private Equity, Mika Lehtimäki discusses the legal and contractual relationship between investors and managers of private equity funds as well as the economic incentives governing their relationship. Based on this analysis he sets out a game-theoretical framework for evaluating the role of regulation and contract in asset management.
He argues that the contractual ‘investment game’ between the parties, noting their outcome maximisation objective, results in much of the current fund regulation being non-optimal from the investor perspective. This means that the parties are able to control, subject to qualifications relating to the bargaining process, their relationship and the protect their interests contractually instead of resorting to extensive regulation.
He argues that the contractual ‘investment game’ between the parties, noting their outcome maximisation objective, results in much of the current fund regulation being non-optimal from the investor perspective. This means that the parties are able to control, subject to qualifications relating to the bargaining process, their relationship and the protect their interests contractually instead of resorting to extensive regulation.
In The Investment Game in Private Equity, Mika Lehtimäki discusses the legal and contractual relationship between investors and managers of private equity funds as well as the economic incentives governing their relationship. Based on this analysis he sets out a game-theoretical framework for evaluating the role of regulation and contract in asset management.
He argues that the contractual ‘investment game’ between the parties, noting their outcome maximisation objective, results in much of the current fund regulation being non-optimal from the investor perspective. This means that the parties are able to control, subject to qualifications relating to the bargaining process, their relationship and the protect their interests contractually instead of resorting to extensive regulation.
He argues that the contractual ‘investment game’ between the parties, noting their outcome maximisation objective, results in much of the current fund regulation being non-optimal from the investor perspective. This means that the parties are able to control, subject to qualifications relating to the bargaining process, their relationship and the protect their interests contractually instead of resorting to extensive regulation.
Policy Cooperation and Coordination of Central Banks
The open access publication of this book has been published with the support of the Swiss National Science Foundation.
In Monetary Stability as a Common Concern in International Law, Lucía Satragno argues that monetary stability is a global public good that must be promoted and protected at all levels of governance. In doing so, the book accomplishes two tasks. On one hand, it provides an up to date analysis of the role of law and institutions in the international monetary field since the collapse of the Bretton Woods system. On the other hand, it applies the methodological approach proposed by the novel doctrine of Common Concern of Humankind to monetary stability as a case study. Accordingly, the book examines not only the status quo of the international monetary system, but also looks at the ‘new and different realism’ that would be envisaged in monetary affairs in the case of a fully-fledged principle of Common Concern.
In Monetary Stability as a Common Concern in International Law, Lucía Satragno argues that monetary stability is a global public good that must be promoted and protected at all levels of governance. In doing so, the book accomplishes two tasks. On one hand, it provides an up to date analysis of the role of law and institutions in the international monetary field since the collapse of the Bretton Woods system. On the other hand, it applies the methodological approach proposed by the novel doctrine of Common Concern of Humankind to monetary stability as a case study. Accordingly, the book examines not only the status quo of the international monetary system, but also looks at the ‘new and different realism’ that would be envisaged in monetary affairs in the case of a fully-fledged principle of Common Concern.
Policy Cooperation and Coordination of Central Banks
The open access publication of this book has been published with the support of the Swiss National Science Foundation.
In Monetary Stability as a Common Concern in International Law, Lucía Satragno argues that monetary stability is a global public good that must be promoted and protected at all levels of governance. In doing so, the book accomplishes two tasks. On one hand, it provides an up to date analysis of the role of law and institutions in the international monetary field since the collapse of the Bretton Woods system. On the other hand, it applies the methodological approach proposed by the novel doctrine of Common Concern of Humankind to monetary stability as a case study. Accordingly, the book examines not only the status quo of the international monetary system, but also looks at the ‘new and different realism’ that would be envisaged in monetary affairs in the case of a fully-fledged principle of Common Concern.
In Monetary Stability as a Common Concern in International Law, Lucía Satragno argues that monetary stability is a global public good that must be promoted and protected at all levels of governance. In doing so, the book accomplishes two tasks. On one hand, it provides an up to date analysis of the role of law and institutions in the international monetary field since the collapse of the Bretton Woods system. On the other hand, it applies the methodological approach proposed by the novel doctrine of Common Concern of Humankind to monetary stability as a case study. Accordingly, the book examines not only the status quo of the international monetary system, but also looks at the ‘new and different realism’ that would be envisaged in monetary affairs in the case of a fully-fledged principle of Common Concern.
A Theory of the Incidental Issue
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.
A Theory of the Incidental Issue
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.
English Translation
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.
English Translation
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.