Nationalization, Natural Resources and International Investment Law

Junji Nakagawa is Professor of International Economic Law at the Institute of Social Science, University of Tokyo, Tokyo, Japan. His publications include WTO: Beyond Trade Liberalization (Iwanami Shoten, 2013, in Japanese), Transparency in International Trade and Investment Dispute Settlement (Routledge, 2013), Multilateralism and Regionalism in Global Economic Governance (Routledge, 2011), International Harmonization of Economic Regulation (Oxford University Press, 2011), Anti-Dumping Laws and Practices of the New Users (Cameron May, 2007), and Managing Development: Globalization, Economic Restructuring and Social Policy (Routledge, 2006).

'Junji Nakagawa has written a must-read primer for anyone interested in international investment law and, in particular, the complex issues raised by nationalization disputes in natural resources development. This monograph fills an important gap in the literature on investment law and arbitration by meticulously studying the ways and means that foreign investors and host states employ to successfully manage their business relationship through the conclusion, implementation, revision and termination of agreements. Building upon the negotiation theory, Junji Nakagawa demonstrates that the whole legal process of transnational natural resource development is a unique and dynamic bargaining process which a fundamental pillar of international investment law.' — Professor Julien Chaisse, Faculty of Law & Director, Centre for Financial Regulation and Economic Development, The Chinese University of Hong Kong'Nationalization, Natural Resources and International Investment Law by Junji Nakagawa is a highly recommended reading for all those academics, graduate students, policy makers, and legal practitioners interested in nationalization disputes in particular and international investment law in general. It is not only Nakagawa’s very thorough analysis of investment contracts which provides many insights into this field. It is the highly innovative approach of applying the analytical framework of dynamic bargaining theory to the issue of nationalization disputes which renders this book an outstanding piece of interdisciplinary research in international investment law which masterfully adds also to the body of research in public international law more broadly. Last but not least, the book is a remarkable piece of evidence of the author’s far-sightedness. The analysis presented in this book resembles by and large Nakagawa’s now translated Ph.D. thesis submitted 30 years ago. His research, however, seems more topical than ever and has not lost any of its innovation.' — Steffen Hindelang, Professor, Department of Law, Freie Universität Berlin

• 1. Introduction: Defining the Problems and the Need for a New Analytical Framework2. Agreements for the Development of Natural Resources3. Governing Law of Agreements4. Governing Law for Nationalization5. Governing Law for Revising Agreements6. Legal Process of Natural Resource Nationalization Disputes: Concluding Remarks