International Investment Law in ContextAugust Reinisch, Christina Knahr Eleven International Publishing, 2008 - 207 pages In the last decade, international investment law has developed into one of the core areas of international law. The reason for this development is twofold. The number of cases has increased rapidly. The International Centre for Settlement of Investment Disputes has over a hundred pending cases and there are more before ad hoc tribunals, mostly operating under the United Nations' Commission on International Trade Law Rules. In addition, investment law has addressed a number of novel issues while also coming up with some innovative solutions. This book brings together the papers delivered at the Young Scholars Conference in International Economic Law, which was held at the University of Vienna Law School in June 2007. Under the general topic of "Current Issues and Developments in International Investment Law," the speakers addressed core issues like the definition of investment, legitimate expectations of investors, and the meaning and importance of references to domestic law included in many Bilateral Investment Treaties. Also discussed were topics like the role of investment law in the context of the European Union and its relation to cultural matters, human rights, and other non-investment issues. As international investment law is becoming more and more significant, a book such as this, dedicated to the latest developments in the field, will be of utmost importance to anyone interested in this area of law. |
Contents
Preface | 1 |
Introduction Christoph Schreuer | 3 |
Tracing a Success Story or The Baby Boom of BITs Alexandra N Diehl | 7 |
Investments in Accordance with Host State Law Christina Knahr | 27 |
The EC Treatys Freedom of Capital Movement as an Instrument of International Investment Law? Steffen Hindelang | 43 |
The European Communitys Minimum Platform on Investment or the Trojan Horse of Investment Competence Niklas Maydell | 73 |
Piercing the Corporate Veil in International Investment Agreements Markus Perkams | 93 |
Export Credit and Investment Insurance Agencies Extraterritorial Obligations of HomeStates of Investors Rekha Oleschak | 115 |
Cultural Matters in Investment Agreements and Decisions Annette Froehlich | 141 |
Selected Lessons from and Experiences wit h the Position of the Individual in Investment Protection Law Matthias C Kettemann | 151 |
The Investors Expectations in International Investment Arbitration André von Walter | 173 |
Investment and The Broader Picture of Investment Law August Reinisch | 201 |
Common terms and phrases
access phase accordance with host arbitral tribunals Argentina argued Award Barcelona Traction Bilateral Investment Treaties breach Cadbury Schweppes capital movement concluded Contracting Party corporate Court cultural customary international law diplomatic protection Draft Articles El Salvador emphasis added Energy Charter Treaty environmental equitable treatment European ex-Art exclusive export credits fair and equitable Fidium Finanz foreign direct investment foreign investments free movement freedom of establishment human rights violations ICSID Convention IIAs implied concurrent competence Inceysa indirect claims indirect expropriation individual International Investment Law International Law Commission investment agreements investment arbitration investment disputes investment insurance investment protection law investment tribunals investor investor's expectations issue Judgment Kapitalverkehrsfreiheit legislation margin number market access movement of capital MPOI multilateral NAFTA national treatment obligations OECD OPIC paras principles provisions question Republic rules Saluka Schreuer shareholders standard supra note third country context Ukraine umbrella clause