Description
Bringing together conceptual theories of international investment law with the practical application of the law in treaty arbitration, this book investigates the key controversies in the field. It provides a detailed examination of how a different theoretical approach would have led to a different outcome in a number of important arbitral awards. Zachary Douglas is Associate Professor of International Law at the Graduate Institute of International and Development Studies in Geneva and a barrister at Matrix Chambers.; Joost Pauwelyn is Professor of International Law at the Graduate Institute of International and Development Studies in Geneva. He is also Co-Director of the Centre for Trade and Economic Integration (CTEI) and Senior Advisor with the law firm of King & Spalding LLP.; Jorge E. Vinuales is Harold Samuel Professor of Law and Environmental Policy at the University of Cambridge. Zachary Douglas, Joost Pauwelyn, and Jorge E. Vinuales: Introduction; Part I: The place of investment law among international regimes; 1 Joost Pauwelyn: Regime composition, emergence, and change; 2 Ursula Kriebaum: The nature of investment disciplines; 3 Martins Paparinskis: Analogies and other regimes of international law; 4 Moshe Hirsh: The sociology of international investment law; 5 Mark Wu: Differences in regime architecture: trade vs. investment; Part II: Conceptual foundations of investment law; 6 Florian Grisel: Sources of investment law; 7 Sergio Puig: No right without a remedy: foundations of investor-state arbitration; 8 Thomas Schultz: The function of investment arbitration; 9 Jorge E. Vinuales: Dissecting sovereignty; 10 Zachary Douglas: Concepts of property; Part III: Managing regime stress within investment law; 11 Anne van Aaken: Control mechanisms; 12 Alex Mills: Balancing different interests; 13 Julie Maupin: Differentiation; 14 Jurgen Kurtz: Normative interactions; 15 Stephan Schill: Harmonising substantive law; 16 Michael Waibel: Coordinating adjudication processes; Zachary Douglas, Joost Pauwelyn, and Jorge E. Vinuales: Conclusions
