Table of Contents: Public Actors in International Investment Law.

Public Actors in International Investment Law.

Bibliographic Details
Main Author:	Titi, Catharine.
Format:	eBook
Language:	English
Published:	Cham : Springer International Publishing AG, 2021.
Edition:	1st ed.
Series:	European Yearbook of International Economic Law Series
Subjects:	Electronic books.
Online Access:	Click to View

Table of Contents:

Public Actors in International Investment Law
Preface
Contents
Voices That Shape Investment Treaties: Inside, Outside and Among States
1 Introduction
2 Three Categories of Voices That Influence Investment Treaties
3 Voices from Inside the State
3.1 The Executive
3.2 The Legislature
3.3 The Judiciary
3.4 Sub-national Governments
4 Voices Outside the State
4.1 Business, Civil Society, Legal Community and Others
4.2 Media
4.3 Academia
5 Voices Among States
5.1 International Organisations
5.2 Multilateral Fora
5.3 Bilateral Discussions
5.4 Arbitral Awards and International Judgments
5.5 Other Investment Treaties and International Agreements
6 Voices Over Time
7 Balancing Voices in Treaty Making
8 Conclusion
References
Beyond Protection: The Role of the Home State in Modern Foreign Investment Law
1 Introduction
2 Role of the Home State Before the Development of Foreign Investment Law
3 Role of the Home State in Foreign Investment Law
3.1 Normative Function
3.2 Adjudication
3.3 Enforcement
4 Towards a New Role for the Home State
5 Conclusions
References
National Courts as Actors in Investment Arbitration
1 Introduction
2 Framework of the Relationship Between National Courts and Investment Tribunals
3 Overlap of Jurisdictions
4 Anti-arbitration and Anti-suit Injunctions
5 Enforcement of Investment Arbitration Awards
6 Actions of National Courts Challenged Before Investment Tribunals
7 Conclusions
References
State Immunity and the Execution of Investment Arbitration Awards
1 Introduction
2 State Immunity from Jurisdiction and Execution
2.1 From Absolute to Restrictive
2.2 Lack of an International Regime
2.2.1 United Nations Convention on Jurisdictional Immunities of States and Their Property.
2.2.2 New York Convention and ICSID Convention
2.2.3 Divergence in National Approaches
2.3 Enforcement
2.3.1 NML and Republic of Argentina
2.3.2 Yukos and the Russian Federation
3 Legislative Amendments in France and Belgium
3.1 First Requirement: Express and Specific Waiver
3.1.1 Development of Case Law in France
3.1.2 Development of Case Law in Belgium
3.2 Second Requirement: Preliminary Judicial Authorisation
3.2.1 Compatibility with the European Convention on Human Rights
3.2.2 Executive Authorisation
3.3 Legislative Developments in Russia
4 Alternatives to Enforcement and Looking Forward
4.1 Alternatives to Enforcement
4.2 Looking Forward
5 Concluding Remarks
References
Trends and ISDS Backlash Related to Non-Disputing Treaty Party Submissions
1 Introduction
2 NDTP Submissions: Inception and Issues in NAFTA Chapter Eleven Disputes
3 NDTP and ISDS Backlash
4 NDTP Submission Trends in International Investment Law
5 Conclusions
References
Not a Third Party: Home State Participation As a Matter of Right in Investment Treaty Arbitration
1 Introduction
2 Diplomatic Protection: Why Non-disputing State Party Participation Is Problematic
3 Comparison of Transparency Issues in Relation to Sovereign Respondents and Non-disputing State Parties
4 Non-disputing State Party Participation As Part of the Transparency Movement in Investment Treaty Arbitration
4.1 NAFTA and Non-disputing State Party Participation
4.2 ICSID and Non-disputing State Party Participation
4.3 UNCITRAL Transparency Rules and Non-disputing State Party Participation
4.4 Survey of Investment Treaty Arbitration Cases with Non-disputing State Party Participation
4.4.1 Aguas del Tunari v. Bolivia
4.4.2 CME v. Czech Republic
4.4.3 SGS v. Pakistan.
5 A Matter of Right: Non-disputing State Party Participation with Respect to Investment Treaty Interpretation
References
Investor-State Dispute Prevention: The Perspective of Peru
1 Introduction
2 Facts and Risks to Take into Account
2.1 Prevention: The Aim Is No Disputes
2.2 The Risk Is Permanent
2.3 The Landscape Is Permanently Changing
2.4 ISDS in Light of Important Cultural and Practical Differences
2.5 States as Subjects of International Law
3 Model and Practices Developed by the Republic of Peru during 2011-2015
3.1 Model
3.2 Best Practices
4 Fundamental Considerations and Recommendations for the Prevention of Disputes
4.1 Some Further Considerations
4.1.1 In the Context of ISDS More Generally
4.1.2 In the Context of a Particular Dispute
4.2 Recommendations
References
The Role of Sub-Regional Systems in Shaping International Investment Law-Making: The Case of the Visegrd Group
1 Sub-regional Systems in Europe: The Case of the Visegrd Group and Its Role in International Investment Law-Making
2 Economic Cooperation in the V4: An Overview
3 The V4 Countries and V4 Groupś Approach to FDI
3.1 A Focus on the Question of Termination of Intra-EU BITs
3.2 Forms of Economic Cooperation with Non-EU Countries: The Case of East Asia
4 Concluding Remarks
References
The Implications of Political Risk Insurance in the Governance of Energy Projects: he Case of Japanś Public Insurance Agencies
1 Introduction
2 The Complexity of Energy Projects
3 The PRI Industry
3.1 Main Types of Risks and Mitigation Instruments
3.2 The PRI Market
3.2.1 Historical Background
3.2.2 PRI Providers
3.3 Japanś PRI-Agencies: NEXI in Cooperation with JBIC
3.3.1 NEXI: Background
3.3.2 JBIC: Background
4 PRI Policy Implications
4.1 In General.
4.2 Operational Implications: NEXIś PRI Instruments
4.2.1 In General
4.2.2 Covered Political Risks
4.2.3 Insured Events
4.2.4 Claim Ascertainment
4.3 PRI Policy Implications and Responsible Investments
5 Conclusion
References
Screening of Foreign Direct Investment and the States ́Security Interests in Light of the OECD, UNCTAD and Other International...
1 Introduction
2 National Security Interest
2.1 Risk Identification
2.2 Risk Management
2.2.1 Risk Management at the National Level
2.2.1.1 General Screening Measures
2.2.1.2 Recent Impact of COVID-19 on Screening Measures
2.2.2 Risk Management at the International Level
2.2.2.1 Various Formulations of ``Threat ́́in IIAs
2.2.2.2 Variety of IIA Approaches to the Protection of National Interests
3 Limits to the National Security Interest
3.1 The OECD and Other Guidelines and Principles
3.2 Limits Set Out in IIAs
3.2.1 The Absence of a Provision on ``Security Interests ́́in IIAs
3.2.2 The Restrictive Wording of the Provision on ``Security Interests ́́
3.2.3 The Limited Application of ``Essential Security Interests ́́to Specific Provisions
3.3 Customary International Law
4 Conclusion
References.

Public Actors in International Investment Law.

Similar Items