International Investment Law for the 21st Century

Christina Binder is Assistant Professor of International Law at the University of Vienna. She is author of numerous publications in various fields of international law and comparative law. Christina Binder also works as independent consultant and legal advisor in the field of international law with special focus on international human rights law. Ursula Kriebaum is Professor of International Law at the University of Vienna, Professorial Lecturer at the Diplomatische Akademie Wien / Vienna School of International Studies (Austria) and at the Summer Legal Studies Program of the Loyola University New Orleans College of Law; legal expert in various investment arbitrations; consultant in international human rights law; associate editor of Transnational Dispute Management. August Reinisch is Professor of International and European Law at the University of Vienna and Professorial Lecturer at the Bologna Center of SAIS/Johns Hopkins University; Director of the LL.M. Program in International Legal Studies at the University of Vienna; Member of the ILA Committee on International Law of Foreign Investment; Arbitrator and legal expert in various investment arbitrations; Member of the Panels of Conciliators and of Arbitrators maintained by the International Centre for Settlement of Investment Disputes (ICSID); Arbitrator on the In Rem Restitution Panel according to the Austrian General Settlement Fund. Stephan Wittich is Assistant Professor of International Law at the University of Vienna. He also teaches international law at the Bratislava School of Law and the Diplomatic Academy/Vienna School of International Studies. He is executive editor of the Austrian Review of International and European Law and has published widely in various areas of international law.

PART I INTRODUCTION ; 1. Christoph Schreuer: An Appreciation ; 2. A Tribute to Christoph Schreuer ; PART II JURISDICTION ; 3. Most Favoured Nation Clauses and Jurisdictional Clauses in Investment Treaty Arbitration ; 4. MFN Clauses and Dispute Resolution in Investment Treaties: Have We Reached the End of the Road? ; 5. Investments 'in the Territory' of the Host State ; 6. Consent and Due Process in Multiparty Investor-State Arbitrations ; 7. Jurisdiction, Competence and Admissibility of Claims in ICSID Arbitration Proceedings ; 8. Bridging the Contract/Treaty Divide ; 9. Monitoring of Domestic Courts in BIT Arbitrations: A Brief Inventory of Some Issues ; PART III PROCEDURE ; 10. Arbitrator Independence in ICSID Arbitration ; 11. Provisional Measures in Recent ICSID Proceedings: What Parties Request and What Tribunals Order ; 12. Inherent Powers Of National and International Courts: The Practice of the Iran-US Claims Tribunal ; 13. ICSID Annulment Decisions: Three Generations Revisited ; 14. The Scope of ICSID Review: Remarks on Selected Problematic Issues of ICSID Decisions ; 15. On the Denunciation of the ICSID Convention, Consent to ICSID Jurisdiction, and the Limits of the Contract Analogy ; 16. Denouncing ICSID ; 17. State Immunity and the Enforcement of Investor-State Arbitral Awards ; 18. Enforcement of ICSID Awards: Articles 53 and 54 of the ICSID Convention ; PART IV INVESTMENT ARBITRATION AND OTHER FORMS OF INVESTMENT PROTECTION ; 19. The Diplomatic Protection of Foreign Investors: A Tale of Judicial Caution ; 20. Claims of Shareholders in International Investment Law ; 21. Chancellor Wirth and the Mologales Concession 1923-1927: The German-Speaking Origins of the 1965 ICSID Convention ; PART V SUBSTANTIVE INVESTMENT LAW ; 22. Identify or Define? Reflections on the Evolution of the Concept of Investment in ICSID Practice ; 23. Local Remedies and the Standards for the Protection of Foreign Investment ; 24. Premature Treaty Claims ; 25. Do Umbrella Clauses apply to Unilateral Undertakings? ; 26. BIT by BIT: The Silent Liberalization of the Capital Account ; 27. The United States 2004 Model Bilateral Investment Treaty and Denial of Justice in International Law ; PART VI REGIONAL ASPECTS OF INVESTMENT PROTECTION ; 28. The Canadian Approach to Investment Protection: How Far We Have Come? ; 29. Conflict of Norms Stemming from Intra-EU BITs and EU Legal Obligations: Some Remarks on Possible Solutions ; 30. Investment Rules in Regional Integration Agreements in Latin America: The Case of the Andean Pact/ Andean Community ; PART VII INVESTMENT LAW AND OTHER FIELDS ; 31. The 'Provisional Application' of the Energy Charter Treaty ; 32. Changed Circumstances in Investment Law: Interfaces between the Law of Treaties and the Law of State Responsibility with a Special Focus on the Argentine Crisis ; 33. The Economic Emergency Defence in Bilateral Investment Treaties: A Development Perspective ; 34. The European Court of Human Rights and Investment Protection ; 35. Recent Case Law on the Protection of Property in the European Convention on Human Rights ; 36. Harmonizing Investment Protection and International Human Rights: First Steps towards a Methodology ; 37. Joint Tortfeasors in Investment Law ; 38. Interpreting Investment Treaties: Experiences and Examples ; 39. Commercial Arbitration and Investment Arbitration: Fertile Soil for False Friends? ; PART VIII THE FUTURE ; 40. Continuity and Discontinuity in International Dispute Settlement ; 41. Contemporary Law of Foreign Investment: Revisiting the Status of International Law ; 42. Precedent in Investment Treaty Arbitration ; 43. The Saga of CMS: Res Judicata, Precedent, and the Legitimacy of ICSID Arbitration ; 44. Compliance with Investment Treaties: When are States more Likely to Breach or Comply with Investment Treaties? ; 45. Human Rights, Constitutionalism, and 'Public Reason' in Investor-State Arbitration ; 46. The Future of Investment Arbitration