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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.
Volume 6 (2021), Published under the auspices of Queen Mary University of London and EFILA
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 other fields of law such as Energy Law are also relevant.
This Review is the first law yearbook that is specifically dedicated to the field of ‘European Investment Law and Arbitration’.

Published under the auspices of Queen Mary University of London and EFILA.

The European Investment Law and Arbitration Review is also available online.
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.
Legal Solutions to Coexistence and Cooperation in Disputed Areas
Author: Xuechan Ma
In The Spratly Islands and International Law, Xuechan Ma offers a detailed analysis of legal solutions to achieve coexistence and cooperation in the Spratly Islands in the absence of maritime delimitation. This book challenges the classical territoriality model of jurisdiction in international law, which is ineffective in the Spratly Islands context where complex and contentious situations call for different solutions. Based on the substance-procedure duality of international law, Ma draws on extensive sources of international law including cases, treaties, practice and doctrine, and formulates novel, concrete proposals to indicate the way forward for the Spratly Islands.
The contributions in this collection of the American Classics in International Law series, Peaceful Resolution of Disputes, edited by Lori Fisler Damrosch, present the most influential American ideas about dispute settlement. From Alexander Hamilton’s 1794 defense of arbitration, through 20th-century debates over the International Court of Justice and other international courts and tribunals, to contemporary controversies over law-of-the-sea dispute settlement, American leaders and scholars have promoted perspectives on dispute resolution shaped by the American experience. An introductory essay explores American ideas about dispute resolution in relation to war, the judicial role in resolving concrete controversies under law, and problems of institutional design.
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 Sheldon@brill.com.

Contributions by International Courts and Tribunals
Challenged Justice: In Pursuit of Judicial Independence is an academic continuation of the previous volumes on judicial Independence edited by Shimon Shetreet, with others: Jules Deschenes, Christopher Forsyth, and Wayne McCormack. All books were published by Brill Nijhoff: Judicial Independence: The Contemporary Debate (1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (2012), The Culture of Judicial Independence: Rule of Law and World Peace (2014) and The Culture of Judicial Independence in a Globalised World (2016).
This book offers academic articles by distinguished jurists on judicial independence and judicial process in many jurisdictions including indicators of justice and analysis of international Standards on judicial independence and judicial ethics.
In A Multifaceted Approach to Trade Liberalisation and Investment Protection in the Energy Sector, Elena Cima and Makane Moïse Mbengue bring together leading academics and practitioners to discuss the most significant challenges faced by trade liberalization and investment protection in the energy sector. At the same time, they address the environmental and human rights issues that often underlie these challenges, in a skillful attempt to bridge the gap between these different perspectives and ultimately pave the way to a multi-faceted and comprehensive approach to the subject matter.
The Austrian Review of International and European Law is an annual publication that provides a scholarly forum for the discussion of issues of international and European law, with emphasis on topics of special interest for Austria. Each volume of the Review includes general articles, current developments, and the comprehensive annual digest of Austrian practice in international law, encompassing judicial decisions, executive as well as parliamentary documents relating to international law. The concluding parts of the Review contain longer book reviews and shorter book notes. Volume 24 covers 2019 and features contributions from the conference ’50 Years Vienna Convention on the Law of Treaties (VCLT)’