Andrea Bjorklund

Yearbook on International Investment Law & Policy 2012-2013 (eBook, PDF)

• Format: PDF

Produktbeschreibung

Today, international investment law consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network raises a host of issues regarding international investment law and policy, especially in the area of international investment disputes. The Yearbook on International Investment Law & Policy 2012-2013 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment (FDI). With contributions by leading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers. Contributions to the Yearbook on International Investment Law & Policy 2012-2013 cover the 2012-2013 trends in international investment agreements, the Foreign Direct Investment (FDI) trends, and the challenge of investment policies for outward FDI, as well as a review of 2012 international investment law and arbitration. This edition contains essays from the Symposium on Sustainable Development and International Investment Law: Bridging the Divide. Also included are general articles providing an analysis of arbitral tribunal practice regarding the applicable law to state contracts under the ICSID Convention in the Twenty First Century; the role of municipal laws in investment arbitration; the status of state-controlled entities under international investment law, the US and the Trans-Pacific partnership (TPP); new 2012 US Model BITs; and the Regulation of FDI in Bolivia. This volume concludes with the winning memorials from the 2012 FDI International Moot Competition.

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Produktdetails

• Verlag: Oxford University Press
• Seitenzahl: 752
• Erscheinungstermin: 7. Juli 2014
• Englisch
• ISBN-13: 9780199386338
• Artikelnr.: 41053233

Autorenporträt

Andrea Bjorklund is the L. Yves Fortier Chair in International Arbitration and International Commercial Law, McGill University Faculty of Law, Montreal, Quebec, and Senior Fellow, Vale Columbia Center on Sustainable International Investment (VCC), New York She teaches courses in international arbitration and litigation, international trade, international investment, public international law, international business transactions, conflict of laws, and contracts. She is co-rapporteur of the International Law Association's Study Group on the Role of Soft-Law Instruments in International Investment Law and is an adviser to the American Law Institute's project on restating the U.S. law of international commercial arbitration. She also serves as Director of Studies for the American Branch of the International Law Association. She is listed in the International Who's Who of Commercial Arbitration and is on the roster of panelists who hear NAFTA Chapter 19 proceedings. She received her B.A. in History and French from the University of Nebraska, Lincoln, her M.A. in French Studies from New York University, and her J.D. from Yale Law School. She is admitted to practice before the Washington D.C. and Maryland Bars.

Inhaltsangabe

* Submission Policy
* Contributors
* Foreword by Karl P. Sauvant
* Preface by the Editorial Committee
* PART ONE
* 1. Trends in FDI, Home Country Measures and Competitive Neutrality
* Karl P. Sauvant, Persephone Economou, Ksenia Gal, Shawn Lim, and
Witold P. Wilinski
* 2. International Investment Law and Arbitration: 2012 in ReviewIan A.
Laird, Borzu Sabahi, Frédéric G. Sourgens, Nicholas J. Birch, and
Kabir Duggal
* 3. Trends in International Investment Agreements, 2011-2012: A Review
of Trends and New Approaches
* Lise Johnson and Lisa Sachs
* PART TWO
* SYMPOSIUM ON SUSTAINABLE DEVELOPMENT AND INTERNATIONAL INVESTMENT
LAW: BRIDGING THE DIVIDE
* Symposium on International Investment Law and Sustainable Development
Lise Johnson and Rahim Moloo
* 4. International Investment Law and Sustainable Development: Bridging
the Unsustainable DivideRahim Moloo and Jenny J. Chao
* 5. Balancing Investment Protection and Sustainable Development in
Investor-State Arbitration: The Role of DeferenceCaroline Henckels
* 6. International Investment Law as International Development Law
Stephan W. Schill
* 7. Labor Provisions in International Investment Agreements: Prospects
for Sustainable DevelopmentVid Prislan and Ruben Zandvliet
* 8. International Investment Law, Renewable Energy, and National
Policy-making: On "Green" Discrimination, Double Regulatory Squeeze,
and the Law of ExceptionsMavluda Sattorova
* 9. Regulatory Expropriation Claims in International Investment
Arbitration: A Bridge Too Far?Alessandra Asteriti
* PART THREEGENERAL ARTICLES
* 10. International Law, Whether You Like It or Not: An Analysis of
Arbitral Tribunal Practice Regarding the Applicable Law in Deciding
State Contracts Disputes under the ICSID Convention in the
Twenty-First CenturyPatrick Dumberry and Jacob Stone
* 11. The Role of Municipal Laws in Investment ArbitrationHernando
Diaz-Candia
* 12. The Status of State-Controlled Entities under International
Investment AgreementsJo En Low
* 13. The United States and the Trans-Pacific Partnership (TPP)David A.
Gantz
* 14. The New 2012 U.S. Model BIT: Staying the CoursePaolo Di Rosa and
Dawn Y. Yamane Hewett
* 15. The Regulation of Foreign Directive Investment in Bolivia: Some
Current ChallengesBjörn Arp
* PART FOURSPECIAL SECTION
* WINNING MEMORIALS FROM THE 2012 FOREIGN DIRECT INVESTMENT
INTERNATIONAL MOOT COMPETITION (FDIMOOT)
* 16. Winning Claimant Memorial: Nalsar University of Law, Hyderabad
* 17. Winning Respondent Memorial: Saint-Petersburg State University