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Editor: Ottavio Quirico
Against the background of climate change, the Energy Charter Treaty and the law and policy of the European Union are no longer fully aligned with each other: in the case of a conflict in the area of investment regulation, what norms should apply? Within the framework of the ongoing reform of the international investment system, notably, investor-State dispute settlement, and of the modernisation of the Energy Charter Treaty, Ottavio Quirico explores how to approach regulatory conflicts and re-harmonise the Energy Charter Treaty with the law of the European Union.
A Philosophical Deconstruction of an Investor-State Tribunal's Authority to Award Interim Relief in Relation to Criminal Proceedings
Revisiting Jurisdiction in Investment Treaty Arbitration
Author: Relja Radović
Conventional wisdom in the theory and practice of investment treaty arbitration says that the jurisdiction of arbitral tribunals is regulated by party consent. In Beyond Consent: Revisiting Jurisdiction in Investment Treaty Arbitration, Relja Radović investigates the formation of another layer of jurisdictional regulation, which is developed by arbitral tribunals.

The principle that the jurisdiction of arbitral tribunals is governed by party consent stems from the foundations of the international legal order. Against that background, Radović surveys case law and demonstrates the generation to law and analyses the development of arbitrator-made jurisdictional rules, which complement those defined by disputing parties. He then argues in favour of recognising the regulatory function of arbitral tribunals in the jurisdictional structure of investment treaty arbitration.
Domestic Courts, Commercial Arbitration Institutions and Tribunal Jurisdiction
Author: Joel Dahlquist
Arbitration clauses in investment treaties often provide investors with a choice between ICSID arbitration, on the one hand, and rules originally drafted for commercial arbitration on the other. The Use of Commercial Arbitration Rules in Investment Treaty Disputes studies how domestic courts and commercial arbitration institutions impact the scope of arbitral tribunal jurisdiction when commercial arbitration rules are used.

Based on extensive studies of court decisions and previously-unknown arbitral awards, Joel Dahlquist’s book analyses the practice of domestic courts in reviewing treaty-based jurisdiction, and explains how the two most used commercial arbitration institutions – the ICC and the SCC – have drafted, interpreted and applied their arbitration rules in treaty-based disputes.
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.
Common Concern of Humankind, Carbon Pricing, and Export Credit Support
Author: Zaker Ahmad
In WTO Law and Trade Policy Reform for Low-Carbon Technology Diffusion, Zaker Ahmad puts a spotlight on the crucial importance of dismantling market barriers and offering incentives to improve clean technology access and diffusion across borders. To that end, the author argues for a synergistic co-development of the international trade and climate legal regimes. Two case studies – one on carbon pricing, another on official export credit support – place the theoretical arguments in a practical trade policy setting. The emerging doctrine and principle of Common Concern of Humankind serves as the key theoretical and structural foundation of the work. A useful read for anyone interested in an effective role of trade law and policy to facilitate climate action.
From the Creation of Rights and Obligations to the Settlement of Disputes
Public Participation and Foreign Investment Law offers a systematic treatment of public participation from the standpoint of the three main sources of foreign investment law, namely treaties, legislation and contracts. It identifies and critically discusses the different forms of public participation that can be found or envisaged in foreign investment law. From this perspective, the book looks at public participation as vehicle to strike a balance between private and public rights and interests.

This book contributes to the understanding of the current forms, level and impact of public participation. It provides indications on how such participation could be enhanced with a view of improving the balance and legitimacy of the legal instrument related to the promotion and protection of foreign investments.
Economic Integration, Trade, and Investment in the Post-Soviet and Greater Eurasian Space
The Law and Policy of New Eurasian Regionalization: Economic Integration, Trade, and Investment in the Post-Soviet and Greater Eurasian Space, edited by Anna Aseeva and Jędrzej Górski, makes several unique contributions to the literature. First and foremost, most of the current literature is in either economics or politics, with only a secondary focus on legal and institutional matters. Secondly, and consequently, the book is accessible and relevant to readers both ‘inside’ and ‘outside’ the boundaries of the Eurasian area: not only geographical boundaries, but also legal, geopolitical, geoeconomic, cultural, and, indeed, disciplinary boundaries.

Drawing on international, transnational, and comparative legal scholarship, this rich volume offers the insights by a plethora of leading international scholars in economics, institutional theory, area studies, international relations, global political economy, political science, and sociology. The contributors come from four corners of the globe, including Asia, Europe, and North America.
In General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers an overview of the relevance of general principles of law in the multifaceted discourse on business and human rights.

What are the implications of the state duty to protect human rights in good faith and to guarantee victims of corporate human rights violations access to justice? Can general principles of law, such as abuse of rights, due diligence, and estoppel provide a source of obligations for companies that is relevant to human rights protection? Has an autonomous principle on corporate liability developed in international law?

These are the questions at the core of this monograph, which seeks the answers in the normative foundations of public international law.
Volume Editor: Ying-jeou Ma
Volume 37 of the Chinese (Taiwan) Yearbook of International Law and Affairs publishes scholarly articles and essays on international and comparative law, as well as compiles official documents on the state practice of the Republic of China (ROC) in 2019. The Yearbook publishes on multi-disciplinary topics with a focus on international and comparative law issues regarding Taiwan, Mainland China and the Asia-Pacific.