Yearbook on International Investment Law & Policy, 2013-2014

Yearbook on International Investment Law & Policy, 2013-2014

by Andrea K. Bjorklund


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Product Details

ISBN-13: 9780190265779
Publisher: Oxford University Press
Publication date: 08/26/2015
Series: Yearbook on International Investment Law and Policy Series
Pages: 736
Product dimensions: 10.10(w) x 7.20(h) x 1.50(d)

About the Author

Andrea Bjorklund is the L. Yves Fortier Chair in International Arbitration and International Commercial Law, McGill University Faculty of Law, Montreal, Quebec, and Senior Fellow, Vale Columbia Center on Sustainable International Investment (VCC), New York She teaches courses in international arbitration and litigation, international trade, international investment, public international law, international business transactions, conflict of laws, and contracts. She is co-rapporteur of the International Law Association's Study Group on the Role of Soft-Law Instruments in International Investment Law and is an adviser to the American Law Institute's project on restating the U.S. law of international commercial arbitration. She also serves as Director of Studies for the American Branch of the International Law Association. She is listed in the International Who's Who of Commercial Arbitration and is on the roster of panelists who hear NAFTA Chapter 19 proceedings. She received her B.A. in History and French from the University of Nebraska, Lincoln, her M.A. in French Studies from New York University, and her J.D. from Yale Law School. She is admitted to practice before the Washington D.C. and Maryland Bars.

Table of Contents

Submission Policy
Foreword by Louis T. Wells
Preface by the Editorial Committee

Part One

1. Trends in international investment and the activities of multinational enterprises: 2013-2014
Michael V. Gestrin

2. International Investment Agreements, 2013: A Review of Trends and New Approaches
Lise Johnson and Lisa Sachs

3. International Investment Law and Arbitration: 2013 in Review
Ian A. Laird, Borzu Sabahi, Frédéric G. Sourgens, Nicholas J. Birch, and Kabir Duggal

Part Two

British Institute of International and Comparative Law
Introduction - N. Jansen Calamita

4. The Principle of Proportionality and the Problem of Indeterminacy in International Investment Treaties
N. Jansen Calamita

5.Proportionality, Reasonableness and Standards of Review in Investment Treaty Arbitration
Valentina Vadi

6. The Role of Investors' Legitimate Expectations in Defense of Investment Treaty Claims
Claudia Annacker

Part Three


7. Balancing investor protection and regulatory freedom in international investment law: The necessary, complex and vital search for state purpose
Jürgen Kurtz

8. Jurisprudential interaction between ICSID tribunals and the International Court of Justice
Jure Zrilic

9. The Migration of Constitutional Ideas: The Strange Case of Proportionality in International Investment Law and Arbitration
Valentina Vadi

10. Inconsistency in Investor-State Awards and the Role of State Interpretations: the Example of the Mexican Sweetener Trio of Cases under NAFTA
Céline Lévesque

11. States Strike Back - Old and New Ways for Host States to Defend against Investment Arbitrations
Lars Markert and Catharine Titi

12. Revisiting the Countermeasures Defense in Investor-State Disputes:
Approach and Analogies
Preeti Bhagnani

13. The Political Economy of Crises and the International Law of Necessity after the Great Recession
Alberto Alvarez-Jimenez

14. Minilateral Treaty-Making in International Investment Law
Maninder Malli

15. A BIT of Promotion: Bilateral Investment Treaties and Investment Promotion Agencies
Jason Yackee

16. The Trend toward Open Contracting: Applicability and Implications for International Investment Agreements
Lindsey Marchessault and Michael Jarvis

17. New Regulations on Foreign Acquisitions of Land in Brazil and Argentina
Martin Delaroche

Part Four

Special Section

18. Winning Claimant's Memorial: National Law University, Delhi

19. Winning Respondent Memorial: University of Buenos Aires

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