Reassertion of Control over the Investment Treaty Regime

Reassertion of Control over the Investment Treaty Regime

Kulick, Andreas (Eberhard-Karls-Universitat Tubingen, Germany)

Cambridge University Press

12/2016

412

Dura

Inglês

9781107172654

15 a 20 dias

This book identifies a paradigm shift in international investment law and enquires into how states reassert control over investment treaties.
Part I. Introduction, Theory and Domestic Law Approaches: 1. Reassertion of control - an introduction Andreas Kulick; 2. Masters and guardians of international investment law: how to play the game of reassertion Martins Paparinskis; 3. Reassertion of control and contracting parties' domestic law responses to investment treaty arbitration: between reform, reticence and resistance Mavluda Sattorova; Part II. Procedural Aspects and Avenues of Reassertion: 4. Early dismissal of claims in investment arbitration Friedrich Rosenfeld; 5. Keeping the status quo or embarking on a new course? Setting aside, refusal of enforcement, annulment and appeal Freya Baetens; 6. State-state investment arbitration as a means of reassertion of control: from antagonism to dialogue Andreas Kulick; Part III. Substantive Aspects and Avenues of Reassertion: 7. Masters of puppets? Reassertion of control through joint investment treaty interpretation Eleni Mathymaki and Antonis Tzanakopoulos; 8. Systematic integration: an instrument for reasserting the states' control in investment arbitration? Rumiano Yotova; 9. Reasserting control through withdrawal from investment agreements: what role for the law of treaties? Fernando Lusa Bordin; 10. Legitimate regulatory interests: case law and developments in IIA practice Paul Barker; 11. State control over available remedies in investment arbitration Diane Desierto; Part IV. Reassertion of Control Policy and Trends: 12. States' reassertion of control over international investment law: (re)defining 'fair and equitable treatment' and 'indirect expropriation' Eric de Brabandere; 13. How the European Commission and EU member states are reasserting their control over their investment treaties and ISDS rules Nikos Lavranos; 14. Arbitrator selection: towards greater state control Michael Waibel; 15. Arbitrator (issue) challenge: what's the real issue? Stephen Wilske and Melanie Eckhardt.
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