International Investment Law and Arbitration: History, Modern Practice, and Future Prospects explores international law on foreign investment: its creation, functioning and evolution. Particularly, this paper presents a roadmap over the historical context within which investor-State arbitration developed. It provides an overview of the main actors, the protections afforded to foreign investors, the content of modern BITs, and the challenges facing the system today.
Borzu Sabahi is an Adjunct Professor at Georgetown University Law Center and a partner at Curtis, Mallet-Prevost, Colt and Mosle LLP, Washington, DC.
Ian A. Laird is an Adjunct Professor at Georgetown University Law Center and a partner at Crowell & Moring LLP, Washington, DC..
Giovanna E Gismondi is the Managing Director of the International Investment Law Center at Georgetown University.
Table of contents
International Investment Law and Arbitration: History, Modern Practice, and Future Prospects Ian A. Laird, Borzu Sabahi, and Giovanna E. Gismondi Abstract
II. Forces that Shape the System of Investment Protection and Promotion
III. Genesis of the Law: Protection of Aliens Abroad, Gunboat Diplomacy, Minimum Standard, and Diplomatic Protection
IV. Protection through Peaceful Means of Settlement of Disputes: Hague Conferences, PCIJ, ICJ
V. Post-World War II: Promotion and Protection of Private Capital Flows
VI. FCN and BIT Programs and Recognition of Foreign Investors’ Right to Directly Submit Claims to International Arbitration without Espousal or Exhaustion of Local Remedies
VII. Content of Modern BITs
VIII. Scaling Back Protections and Backlash
All interested in the history, evolution and current developments in international investment law. Law students, post graduates, institutes and specialists will find this piece of particular relevance.