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The Contested History of International Investment Law

From a Problematic Past to Current Controversies

Jeanrique Fahner

* Many thanks to Ana Florencia Adelardi, Basak Baglayan Ceyhan, Dr. Catherine Brölmann, Prof. dr. Matthew Happold and Dr. Luiz Fernando Sanna Pinto for their valuable comments on earlier drafts of this essay. Kate Miles The Origins of International Investment Law: Empire, Environment and the

On Inter-Disciplinary and Inter-Systemic Approaches to International Investment Law

Roberto Echandi and Pierre Sauvé (eds.), Prospects in International Investment Law and Policy. Cambridge: Cambridge University Press, 2013. Pp. 491. $120. ISBN: 9781107035867.

Jürgen Kurtz

The field of international investment law has never been so popular as a subject of scholarly study and professional interest. Multitudes of journal articles, edited volumes, and published doctoral theses add to an increasingly cluttered publications universe. Surprisingly – given the notorious

Edited by Eric De Brabandere, Tarcisio Gazzini, Stephan Schill and Attila Tanzi

The Nijhoff International Investment Law Series presents important, high-quality and original research in the field of international investment law. Although formally a part of international law generally, international investment law has become an independent field of research, crossing the boundaries between public international law, international commercial law, and domestic public law. The Series therefore covers international investment law in a relatively broad sense, including research on the substantive aspects of international investment law and the dispute settlement aspects, i.e., international investment arbitration.

The Series also covers research on interactions between international investment law and other areas of international law and domestic law, both private and public, including international economic and trade law, general public international law, international commercial law and arbitration, international environmental law, human rights, or domestic constitutional and administrative law. It is open to doctrinal analysis as well as theoretical, conceptual, and interdisciplinary approaches to international investment law, including law and economics analysis, empirical analysis, historical analysis, political science analysis, or normative analysis.

The Series will consider Works in, although not limited to, the following areas:

• Standards of treatment
• International investment arbitration
• Regionalism in international investment law
• Interaction between international investment law and domestic law
• Private law approaches to international investment law and arbitration
• Public law approaches to international investment law and arbitration
• Compensation and reparation in international investment law
• Responsibility and accountability of multinational corporations in international investment law
• International investment law and sustainable development
• Industry-specific or country-specific studies
• Doctrinal, conceptual, and interdisciplinary approaches

Proposals may be submitted to Publishing Director Marie Sheldon at

Ludovica Chiussi

corporate accountability discourse, it will be argued that a recalibration of the rights and obligations of foreign investors may be a powerful tool in giving teeth to corporate human rights accountability. 19 2 Converging and Diverging Features of International Investment Law and Human Rights Law In the

Martins Paparinskis

. Percy: ( finally begins to grasp ) Yes, My Lord. 1 1 Introduction Comparison of European Union (EU) law with international investment law is, in recent years, an endeavour of apparently ever-increasing rewards. That is not an unexpected development. In international trade law, to take an

David Collins

a consequence of unrestrained growth, will be hostile to this shift. These countries may consequently attempt to arrest this process through the same systems of international investment law that had once underpinned their expansionary interests. This is ironic because the success of emerging market

James D. Fry and Juan Ignacio Stampalija

international investment agreement. The Sub-working Group and Mercosur member states would be well advised to reconsider using international trade-in-services law as the model for the Agreement on Investment in Mercosur, and instead base the draft on better models from the realm of international investment law


Edited by José E. Alvarez

American Classics in International Law: International Investment Law, edited by Professor José E. Alvarez, contains a selection of the best scholarship on the subject produced by those with a connection to the United States. Since international investment law remains a subject that is not codified in a single multilateral treaty, the volume also contains selections of U.S. treaties that have influenced the over 3,400 international investment agreements (IIAs) now in existence. The collection offers a selection of significant addresses by prominent U.S. policy-makers along with a comprehensive introduction by the Editor that puts the various elements - the contributions made by U.S. academics, treaty-negotiators, and policy-makers - in a broader context.

China and International Investment Law

Twenty Years of ICSID Membership


Edited by Wenhua Shan and Jinyuan Su

The first volume in the Silk Road Studies in International Economic Law Series, China and International Investment Law: Twenty Years of ICSID Membership examines cutting-edge issues of international investment law and arbitration in interaction with China, the second largest economy of the world. With particular attention to ongoing major negotiations of bilateral and regional investment treaties, including the TPP, TTIP and China's BIT negotiations with the EU and USA, the collection is timely, thorough, and incisive.

All readers with an interest in the latest developments in international investment law in general, and the Chinese foreign investment regime in particular, will find an indispensable new resource in this collection of essays from esteemed experts in the field.

The volume originated from the "China and ICSID" International Workshop and Roundtable on International Investment Law and Arbitration, organized to commemorate the 20th anniversary of China's accession to the ICSID Convention.

Karsten Nowrot

sustainable development on the one side, and international investment law on the other side. Quite to the contrary, it is for a variety of reasons by now ever more recognized among governments of industrialized and developing countries, practitioners and scholars alike, that at the level of drafting