Nijhoff International Investment Law Series – Serie

Foreign investments in the energy sector raise formidable legal questions, often requiring a delicate balance between private and public interests of the various stakeholders. Foreign Investment in the Energy Sector: Balancing Private and Public Interests opens with a discussion of the legal protection of foreign investment in the main segments of the energy sector (namely oil, gas, mining and hydroelectric industry), both in substantive and procedural terms. This second part of the book focuses on the Energy Charter Treaty, by far the most important international legal instrument in the energy sector, and its future after the decision of the Russian Federation not to ratify it. In its third part, the book examines four critical areas that are often negatively concerned by economic activities by multinational in the energy sector, namely compliance with safety and labour standards, protection of the environment, respect of indigenous peoples rights, and protection of public health. Foreign Investment in the Energy Sector: Balancing Private and Public Interests, a comprehensive collection of essays from experts and practitioners, offers an important new resource to the field.

Edited by Shaheeza Lalani and Rodrigo Polanco Lazo, The Role of the State in Investor-State Arbitration is a collection of contributions from lawyers, arbitrators and political scientists on the development of the concept of the “State” in a field that currently presents an increasing number of controversial disputes: Investor-State Arbitration.The book analyzes the limits of the host State as a regulator, studying issues such as attribution and the role of State-Owned Enterprises and sub-State entities; the changing role of the home State in Investor-State disputes, including its direct participation in Investor-State arbitration and State to State dispute settlement; and the overall role that both home and host States can play in the improvement of Investor-State Dispute Settlement.

Investor-State arbitration is currently a much-debated topic, both within the legal community and in the public at large. In Towards Consistency in International Investment Jurisprudence, Katharina Diel-Gligor addresses the alleged proliferation of inconsistent decision-making in this field – one of the main points of concern raised in the ongoing discussions. After exploring whether such criticism is appropriate at all, she goes on to examine the different causes, forms, and manifestations of the inconsistencies that exist through a detailed analysis of ICSID arbitration. The author then canvasses possible approaches to reform and concludes that an ICSID preliminary ruling system – the practicalities of which are set out in the study – is a suitable means for enhancing consistency in investment arbitration and moving towards a jurisprudence constante.

International Investment Treaties and Arbitration Across Asia brings together leading academics and practitioners to examine whether and how the Asian region has or may become a significant ‘rule maker’ in contemporary international investment law and dispute resolution. The editors introduce FDI trends and regulations, investment treaties and arbitration across Asia. Authors add country studies for the ten member states of the Association of Southeast Asian Nations as well as an overview of ASEAN treaties, or examine other potential ‘middle powers’ (Korea, Australia and New Zealand collectively) and the emerging ‘big players’ (China, Japan and India). Two early chapters present econometric studies of treaty impact on FDI flows, in aggregate as well as for Thailand, while two concluding chapters offer other normative and forward-looking perspectives.

FlyerIn this comparative and analytical study, G. Matteo Vaccaro-Incisa offers the most comprehensive and detailed account of China's Treaty Policy and Practice in International Investment Law and Arbitration published to date. After outlining the evolution of China's macroeconomics and ideological stance toward foreign investment, the author analyzes the relationship between the model investment treaties China adopted over the time and those of other traditional key players in the field (Germany, UK, France, Italy, Netherlands). Most innovatively, by analytically surveying several key provisions (including ISDS, expropriation, MFN, NT, FET, FPS) of 120 International Investment Agreements concluded by China, this work manages to draw an objective assessment of the investment treaty policy and practice of a nation that has quickly become a leading importer and exporter of capital across the globe.

Based on analysis of 21 arbitral awards rendered in the “Spanish saga” cases, this book discusses the current challenges faced by international investment law in the renewable energy sector, addressing questions such as which facts led to the unprecedented number of investor-state arbitrations filed against Spain, whether arbitral awards rendered against Spain have an impact on future proceedings commenced against other states, and which legal grounds in international law serve, or may potentially serve, as the basis for investors’ claims in the renewable energy sector. Filip Balcerzak offers critical insight into generally applicable lessons for the future—both for adjudicators of renewable energy disputes and for policy-makers.

Mandatory investor-state mediation (ISM) as a pre-condition to arbitration is the way forward for rebalancing the investor-state dispute settlement (ISDS) regime and tackling its widely criticised shortcomings. Presenting a comprehensive doctrinal analysis of ISDS clauses of dozens of treaties, this book reveals that simply offering ISM in a voluntary format will not increase its utilisation.In this volume, Ana Ubilava further debunks four common arguments and misconceptions against mandatory ISM through an innovative empirical analysis of over 600 investor-state arbitration cases. She also offers recommendations for incorporating mandatory ISM in ISDS as a precondition to arbitration aimed at international policymakers.

China’s foreign investment legal regime encompasses domestic laws governing inward and outward investments, investment treaties and the Belt and Road Initiative. Can China’s foreign investment legal regime lead its two-way investments towards the country’s five development goals (building technological capacity, deepening integration into the global economy, promoting green development, protecting security, and participating in global economic governance and rule-making)? Yawen Zheng pioneers a systematic study of China’s foreign investment legal regime, finding that the regime has gradually made progress towards the development goals, but the effort is diluted by obstacles such as outdated treaties, conflicts with the West, and domestic political challenges.

This book presents the first comprehensive analysis of the risk of double compensation, often called double recovery, in the investor-State dispute settlement (ISDS) system and proposes a practical solution to the problems which double compensation creates. The book responds to all the key questions that legal counsel, arbitrators, judges, and scholars facing the double compensation issue may have, including:What requirements must be met for the problem to arise?What have others said and done about the problem?What is the most effective way to tackle it?The proposed solution is based on currently available legal doctrines and practice and strikes a balance between investors’ and States’ interests.

How do host states and foreign investors balance the need for legal stability and regulatory flexibility in the complex world of international investment, against the backdrop of an ever-evolving global economy? This book uncovers unique insights into the delicate balance between legal stability and flexibility. Through in-depth analysis and real-world case studies, Dr. Abdallah Ali unveils the secrets behind stabilization and renegotiation clauses, demystifying their impact on investors, governments, and global trade. With rare access to historical data and illuminating examples, this work is an invaluable resource for legal practitioners, policymakers, and investors navigating the complexities of international investment terrain.

This book discusses how the Covid pandemic has reshaped investment screening mechanisms, investment law and arbitration. Contributions from leading academics and practitioners offer a fresh perspective on the reform of the ISDS mechanism and investment treaties; security and public order risks in FDI screening; the application of treaty standards and customary law defences; and the critical role of scientific data in investment arbitration. With rare insights and unpublished data, this book is your essential guide to understanding the resilience of the investment regime in these challenging times.

This book provides a comprehensive and in-depth analysis of the legal and institutional frameworks for investment law and dispute resolution in the Western Balkans region, filling a significant gap in understanding the regional dynamics in the field. It is the first book of its kind, drawing on unique insights from government officials, legal practitioners, international development organizations and scholars, who address the existing frameworks and transformative reform efforts. In two carefully curated sections, the book first analyses the regional developments in the context of EU and international reforms, then zooms into the legal and institutional frameworks for investment protection and dispute resolution in each economy, based on robust analysis and unique empirical data.

This book breaks open new frontiers in historical research on investor-state arbitration (ISA) by discussing long-forgotten case law, the first-hand involvement with early ISA by key historical political figures such as Winston Churchill and President Taft, early 20th-century debates in Canada’s parliament, and treaty-based ISAs that considerably predate the advent of the BIT. Stemming from extensive original archival research conducted at numerous private and public archives located in five countries and on two continents, this book ties these (and other) fascinating factual underpinnings together to argue that—contrary to conventional wisdom—direct ISA has long been an important vehicle of governance.