Andrea K. Bjorklund – författare

International investment law today 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 2013-2014 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.The 2013-2014 Yearbook begins with trends in international investment and the activities of multinational enterprises, a review of trends and new approaches in international investment agreements for 2013-2014, and a review of international investment law and arbitration for 2013. This edition contains a sample of the research and ideas generated by the Investment Treaty Forum at the British Institute of International and Comparative Law--The Investment Treaty Forum brings together experts in international investment law to engage in high-level debate about salient topics in investment law. This edition covers many important topics, such as the principle of proportionality and the problem of indeterminacy in international investment treaties; proportionality, reasonableness and standards of review in investment treaty arbitration; and the role of investors' legitimate expectations in defense of investment treaty claims. The general articles included in this volume provide analysis of balancing investor protection and regulatory freedom in international investment law. The jurisprudential interaction between ICSID tribunals and the International Court of Justice are also discussed, along with inconsistencies in investor-state awards, the role of state interpretations; old and new ways for host states to defend against investment arbitrations, and approaches and analogies in the countermeasures defense in investor-state disputes. This volume explores the political economy of crises and the international law of necessity after the great recession. In addition to this are articles on minilateral treaty-making and bilateral investment treaties; investment promotion, agencies; the trend toward open contracting; and new regulations on foreign acquisitions of land in Brazil and Argentina. This volume concludes with the winning memorials from the 2013 FDI International Moot Competition.

International investment law today 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 2013-2014 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.The 2013-2014 Yearbook begins with trends in international investment and the activities of multinational enterprises, a review of trends and new approaches in international investment agreements for 2013-2014, and a review of international investment law and arbitration for 2013. This edition contains a sample of the research and ideas generated by the Investment Treaty Forum at the British Institute of International and Comparative Law--The Investment Treaty Forum brings together experts in international investment law to engage in high-level debate about salient topics in investment law. This edition covers many important topics, such as the principle of proportionality and the problem of indeterminacy in international investment treaties; proportionality, reasonableness and standards of review in investment treaty arbitration; and the role of investors'' legitimate expectations in defense of investment treaty claims. The general articles included in this volume provide analysis of balancing investor protection and regulatory freedom in international investment law. The jurisprudential interaction between ICSID tribunals and the International Court of Justice are also discussed, along with inconsistencies in investor-state awards, the role of state interpretations; old and new ways for host states to defend against investment arbitrations, and approaches and analogies in the countermeasures defense in investor-state disputes. This volume explores the political economy of crises and the international law of necessity after the great recession. In addition to this are articles on minilateral treaty-making and bilateral investment treaties; investment promotion, agencies; the trend toward open contracting; and new regulations on foreign acquisitions of land in Brazil and Argentina. This volume concludes with the winning memorials from the 2013 FDI International Moot Competition.

This book brings together all essential documents, materials, and case law on international investment law and international investment arbitration. These extracts from the primary material are accompanied by explanatory commentary placing the documents in their wider context within the international investment legal system. International investment law has emerged as a dynamic area of international law, ripe with controversies over the balance between state sovereignty and investment protection, the decentralized system of international investment law, the scope of international investment agreement protections, investor-state arbitration, and the rights and obligations of international investors. This book highlights each of these controversies, providing an overview of the historical development of international investment law, its purpose, its contractual protection, and the background to investment treaties. It assesses the substantive obligations required by the applicable law and the key issues currently facing the field, including umbrella clauses, exceptions and defences, and reparations.The book gives a detailed overview of international dispute settlement, introducing the fundamental features of investor-state arbitrations, before demonstrating the significant jurisdictional hurdles a claimant faces in order to prosecute its claim. It explains of the difference between objections to jurisdiction and to admissibility, before providing an in-depth assessment of procedural issues, the enforcement of awards, and sovereign immunity. Finally, it assesses current issues in international investment law, including investment and the environment, corporate social responsibility, and critiques of the legitimacy of the investment treaty regime, suggesting future directions for international investment law. In addressing each of these issues the book has as its principal foundation the primary materials relevant to the topics under discussion.Presented in a clear and focused manner, this book is an essential resource for students and practitioners in the field of international investment law and arbitration.

This book brings together all essential documents, materials, and case law on international investment law and international investment arbitration. These extracts from the primary material are accompanied by explanatory commentary placing the documents in their wider context within the international investment legal system. International investment law has emerged as a dynamic area of international law, ripe with controversies over the balance between state sovereignty and investment protection, the decentralized system of international investment law, the scope of international investment agreement protections, investor-state arbitration, and the rights and obligations of international investors. This book highlights each of these controversies, providing an overview of the historical development of international investment law, its purpose, its contractual protection, and the background to investment treaties. It assesses the substantive obligations required by the applicable law and the key issues currently facing the field, including umbrella clauses, exceptions and defences, and reparations.The book gives a detailed overview of international dispute settlement, introducing the fundamental features of investor-state arbitrations, before demonstrating the significant jurisdictional hurdles a claimant faces in order to prosecute its claim. It explains of the difference between objections to jurisdiction and to admissibility, before providing an in-depth assessment of procedural issues, the enforcement of awards, and sovereign immunity. Finally, it assesses current issues in international investment law, including investment and the environment, corporate social responsibility, and critiques of the legitimacy of the investment treaty regime, suggesting future directions for international investment law. In addressing each of these issues the book has as its principal foundation the primary materials relevant to the topics under discussion.Presented in a clear and focused manner, this book is an essential resource for students and practitioners in the field of international investment law and arbitration.

This important book examines the development of soft law instruments in international investment law and the feasibility of a 'codification' of the present state of this field of international economic law. It draws together the views of international experts on the use of soft law in international law generally and in discrete fields such as WTO, commercial, and environmental law. The book assesses whether investment law has sufficiently coalesced over the last 50 years to be 'codified' and focuses particularly on topical issues such as most-favored-nation treatment and expropriation. This timely book will appeal to academics interested in the development of international law and legal theory, to those working in investment law, government investment treaty negotiators and arbitration practitioners. Contributors: A.K. Bjorklund, G. Cordero-Moss, M.G. Desta, M. Hirsch, K. Miles, A. Reinisch, E. Sipiorski, C. Tietje, A.R. Ziegler

This important book examines the development of soft law instruments in international investment law and the feasibility of a ''codification'' of the present state of this field of international economic law.

It draws together the views of international experts on the use of soft law in international law generally and in discrete fields such as WTO, commercial, and environmental law. The book assesses whether investment law has sufficiently coalesced over the last 50 years to be ''codified'' and focuses particularly on topical issues such as most-favored-nation treatment and expropriation.

This timely book will appeal to academics interested in the development of international law and legal theory, to those working in investment law, government investment treaty negotiators and arbitration practitioners.

Contributors: A.K. Bjorklund, G. Cordero-Moss, M.G. Desta, M. Hirsch, K. Miles, A. Reinisch, E. Sipiorski, C. Tietje, A.R. Ziegler

The Asian Yearbook of International Economic Law (AYIEL) 2022 addresses the rapidly evolving field of international economic law with a special focus on Asia and the Pacific. This region has long been and remains a major engine of the world economy; at the same time, it is characterized by a host of economies with varying developmental levels, economic policies and legal jurisdictions. The AYIEL 2022 especially focuses on trade law, investment law, competition law, dispute settlement, economic regulation and cooperation, and regional economic integration, as well as other legal developments in Asian countries.

The Asian Yearbook of International Economic Law (AYIEL) 2022 addresses the rapidly evolving field of international economic law with a special focus on Asia and the Pacific. This region has long been and remains a major engine of the world economy; at the same time, it is characterized by a host of economies with varying developmental levels, economic policies and legal jurisdictions. The AYIEL 2022 especially focuses on trade law, investment law, competition law, dispute settlement, economic regulation and cooperation, and regional economic integration, as well as other legal developments in Asian countries.

The Asian Yearbook of International Economic Law (AYIEL) 2024 addresses the rapidly evolving field of international economic law with a special focus on Asia and the Pacific. With the rapidly changing geopolitical situation, protectionist measures have been taken by many countries, which has caused significant impact on international economic governance. Given the importance of Asia and the Pacific, it is necessary to study on trade protectionism and its impacts especially from a regional perspective. The AYIEL 2024 therefore focuses on “Protectionism and International Economic Law”, exploring the recent trade measures taken by leading economies amid the changing geopolitical and geoeconomic situation, as well as the potential impacts of these changes on Asian countries and beyond.

The Asian Yearbook of International Economic Law (AYIEL) 2024 addresses the rapidly evolving field of international economic law with a special focus on Asia and the Pacific. With the rapidly changing geopolitical situation, protectionist measures have been taken by many countries, which has caused significant impact on international economic governance. Given the importance of Asia and the Pacific, it is necessary to study on trade protectionism and its impacts especially from a regional perspective. The AYIEL 2024 therefore focuses on “Protectionism and International Economic Law”, exploring the recent trade measures taken by leading economies amid the changing geopolitical and geoeconomic situation, as well as the potential impacts of these changes on Asian countries and beyond.