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International Investment Law: An Analysis of the Major Decisions 1st Edition By Ruiz Fabri, Edoardo Stoppioni, Gabrielle Marceau

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Pages: 654
File size: 5.75 MB
Format: Digital PDF
Course: Education
Category: eBook[PDF]

About this ebook

International Investment Law: An Analysis of the Major Decisions" (1st Edition), edited by Hélène Ruiz Fabri, Edoardo Stoppioni, and Gabrielle Marceau, offers a critical and comparative case-law analysis. The text re-evaluates the historical timeline of international investment law, explores how non-arbitral judicial bodies shape the field, and integrates multicultural and multilingual legal perspectives. [1, 2, 3, 4]

The primary thematic topics and chapters covered in the book include: [1, 2]

Part I: Historical Roots & Pre-History

- Early Landmark Precedents: Examining the foundational, historical state decisions that laid the groundwork for modern investment law concepts long before contemporary treaties existed. [1, 2]
- Ad Hoc State-Contract Arbitration: Analysis of mid-20th-century contractual dispute resolutions, tracking developments from early cases like the Lena Goldfields arbitration to the landmark Libyan Oil Arbitrations. [1]
- The Permanent Court of International Justice (PCIJ) & ICJ Influence: Assessing the role and legal footprint of the "World Court" on the progression of contemporary foreign investment protections. [1]
- The Iran-United States Claims Tribunal (IUSCT): Evaluating the structural and substantive legal contributions made by the IUSCT to modern claims practices. [1]
- Early Multilateral Milestones: Analyzing early revolutionary procedural steps in investor-State disputes, such as SPP v. Egypt and AAPL v. Sri Lanka. [1]
- The NAFTA Crisis Wave: Examining the early, highly scrutinized investor-State dispute settlement (ISDS) awards arising out of Chapter 11 of the North American Free Trade Agreement (NAFTA). [1]

Part II: The Multiplicity of Modern Actors & Perspectives

Domestic Courts in Investment Law: Analysis of how national judiciaries influence the interpretation and enforcement of international investment disciplines (e.g., chapters looking directly at cases like International Investment Law in Indian Courts).
Multicultural and Cross-Border Jurisprudence: Integrating and investigating regional jurisprudence, case law, and literature written in languages other than English to bypass traditional Anglo-centric narratives.
Interdisciplinary Jurisdictional Tensions: Addressing systemic friction over how tribunals balance strict investment protections against a sovereign State's right to regulate public health, labor, environmental protection, and human rights. [1, 2, 3, 4]