Resources and Events
Resources
Transparency in International Investment Arbitration: A guide to the UNCITRAL Rules on Transparency in Treaty-Based Investor–State Arbitration
By Dimitrij Euler, Markus Gehring and Maxi Scherer (Eds.), published by Cambridge University Press, August 2018
This book explains the underlying debate and provides an in-depth commentary on the UNCITRAL Rules on Transparency in Treaty-Based Investor–State Arbitration, paragraph by paragraph. The contributors provide in-depth guidance on how to apply the rules and analyze the issue of transparency in investment law more broadly. The chapters encompass all treaty-based investor–state disputes, examining the perspectives of disputing parties, third parties, non-disputing state parties and arbitral tribunals. Available at https://www.cambridge.org/academic/subjects/law/arbitration-dispute-resolution-and-mediation/transparency-international-investment-arbitration-guide-uncitral-rules-transparency-treaty-based-investor-state-arbitration
International Investment Law and Globalization: Foreign investment, responsibilities and intergovernmental organizations
By Jean-Michel Marcoux, published by Routledge, August 2018
Have the processes of elaboration and implementation of foreign investors’ responsibilities by intergovernmental organizations reached the realm of legality? Using an analytical framework and a methodology that combines international law with international relations, this book provides a twofold answer to this question. First, it demonstrates that the normative integration of foreign investors’ responsibilities in international investment law is fragmented and consistent with the interests of the most powerful actors. Second, while using the interactional theory of international law to assess the normative character of several international instruments elaborated and implemented by intergovernmental organizations, it highlights the sense of obligation that each instrument generates. The analysis demonstrates that such a codification process is marked by relations of power and has resulted in several social norms, with relatively few legal norms. Available at https://www.routledge.com/International-Investment-Law-and-Globalization-Foreign-Investment-Responsibilities/Marcoux/p/book/9781138596221
A Guide to State Succession in International Investment Law
By Patrick Dumberry, published by Edward Elgar, July 2018
This book provides a comprehensive analysis of state succession issues arising in the context of international investment law. It examines the legal consequences in the field of investor–state arbitration arising from the disappearance or the creation of a state, or from a transfer of territory between states. In particular, it analyzes whether a successor state is bound by the investment treaties (bilateral and multilateral) and the state contracts signed by the predecessor state before the event of succession. Available at https://www.e-elgar.com/shop/a-guide-to-state-succession-in-international-investment-law
Reassertion of Control over the Investment Treaty Regime
Andreas Kulick (Ed.), published by Cambridge University Press, June 2018
States are pursuing many avenues to curb the international investment regime, perceived as having run out of control. This book examines the many issues of procedure, substantive law and policy arising from this trend—from procedural aspects such as frivolous claims mechanisms, to the establishment of an appeals mechanism or state–state arbitration, to substantive issues such as joint interpretations, treaty termination or detailed definitions of standards of protection. It identifies and discusses the main means by which states do or may reassert their control over the interpretation and application of investment treaties. Each chapter tackles one of these avenues and evaluates its potential to serve as an instrument in states’ reassertion of control. Available at https://www.cambridge.org/academic/subjects/law/international-trade-law/reassertion-control-over-investment-treaty-regime
Proportionality, Reasonableness and Standards of Review in International Investment Law and Arbitration
By Valentina Vadi, Published by Edward Elgar, April 2018
The book examines the merits and pitfalls of arbitral tribunals’ use of the concepts of proportionality and reasonableness to review the compatibility of a state’s regulatory actions with its obligations under international investment law. Investment law scholars have given greater attention to the concept of proportionality than to reasonableness; this book combats this trajectory by examining both concepts in such a way that it does not advocate one over the other, but instead enables the reader to make informed choices. The author also explores the intensity of review as one of the main tools to calibrate the different interests underlying investor–state arbitrations. Available at https://www.e-elgar.com/shop/proportionality-reasonableness-and-standards-of-review-in-international-investment-law-and-arbitration
Events 2018
October 11–November 15
FALL 2018 INTERNATIONAL INVESTMENT LAW AND POLICY SPEAKER SERIES, Columbia Center on Sustainable Investment (CCSI), at Columbia Law School, New York, United States, http://ccsi.columbia.edu/2018/10/11/fall-2018-international-investment-law-and-policy-speaker-series
October 15–19
ANNUAL GENERAL MEETING 2018, Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development (IGF), at the Palais des Nations, Geneva, Switzerland, http://igfmining.org
October 22–26
WORLD INVESTMENT FORUM 2018, UNCTAD, at the Palais des Nations, Geneva, Switzerland, http://worldinvestmentforum.UNCTAD.org
October 24
INVESTMENT FOR SUSTAINABLE DEVELOPMENT: INCORPORATING INVESTOR OBLIGATIONS IN TRADE AND INVESTMENT AGREEMENTS, World Investment Forum 2018 side event hosted by IISD, International Commission of Jurists (ICJ), & Friedrich Ebert Stiftung (FES), at the Palais des Nations, Geneva, Switzerland, https://IISD.org/event/investment-sustainable-development-incorporating-investor-obligations-trade-and-investment
October 25
THE FUTURE OF INVESTMENT-RELATED DISPUTE SETTLEMENT: OPTIONS AND MODELS, World Investment Forum 2018 side event hosted by IISD, International Commission of Jurists (ICJ), & Friedrich Ebert Stiftung (FES), at the Palais des Nations, Geneva, Switzerland, https://IISD.org/event/future-investment-related-dispute-settlement-options-and-models
October 23–25
8th INVESTMENT TREATY ARBITRATION CONFERENCE, Ministry of Finance of the Czech Republic & KPMG Czech Republic, at Lichtenstein Palace, Prague, Czechia, https://home.kpmg.com/cz/en/home/insights/2018/10/8th-investment-treaty-arbitration-conference.html
October 26
31st ITF PUBLIC CONFERENCE: HUMAN RIGHTS IN INTERNATIONAL INVESTMENT LAW, Investment Treaty Forum (ITF), at The British Academy, London, United Kingdom, https://www.biicl.org/event/1331/thirty-first-itf-public-conference-human-rights-in-international-investment-law
October 26–27
THE FUTURE OF ARBITRATION IN EUROPE, Stockholm Centre for Commercial Law & Institute of European and Comparative Law, Oxford, at Sankta Clara, Klara Strand, Stockholm, Sweden, https://sccinstitute.com/about-the-SCC/event-calendar/stockholm-the-future-of-arbitration-in-europe
October 29–November 2
36th SESSION OF UNCITRAL WORKING GROUP III, “Investor–State Dispute Settlement Reform,” United Nations Commission on International Trade Law (UNCITRAL), Vienna, Austria, http://www.uncitral.org/uncitral/en/commission/working_groups/3Investor_State.html
October 31
STAKEHOLDER SESSION ON UNCITRAL ISDS REFORM PROCESS, IISD, Columbia Center on Sustainable Investment (CCSI) & International Institute for Environment and Development (IIED), at Diplomatische Akademie Wien, Vienna, Austria, http://BIT.ly/2Rkoynj
November 6–7
NEW FRONTIERS OF ALTERNATIVE DISPUTE RESOLUTION (ADR): FROM COMMERCIAL AND INVESTMENT MATTERS TO REGULATORY VIOLATIONS, International Bar Association (IBA) Mediation Committee, IBA North America Forum, McGill University, Montreal University & International Chamber of Commerce (ICC), at McGill Faculty Club and Conference Centre, Montreal, Canada, https://www.ibanet.org/Conferences/conf904.aspx
Events 2019
February 27–March 1
12th ANNUAL FORUM OF DEVELOPING COUNTRY INVESTMENT NEGOTIATORS, IISD, South Centre and Government of Colombia, in Cartagena, Colombia, https://www.iisd.org/event/12th-annual-forum-developing-country-investment-negotiators
