Investors’ International Law
Investors’ International Law
Edited by Jean Ho and Mavluda Sattorova, Hart Publishing (2021)
Resources
UNCTAD Report on new IIAs and IIA reform processes in 2020–2021
UNCTAD Report on new IIAs and IIA reform processes in 2020–2021
Bringing Teeth to Mandatory Business and Human Rights Rules: A Conversation with Rachel Chambers and Anil Yilmaz Vastardis
Bringing Teeth to Mandatory Business and Human Rights Rules: A Conversation with Rachel Chambers and Anil Yilmaz Vastardis
Promoting Japanese Private Investments in Africa: A Clash of Interests
Promoting Japanese Private Investments in Africa: A Clash of Interests
High-Income Developing Countries, FDI Outflows and the International Investment Agreement Regime
High-Income Developing Countries, FDI Outflows and the International Investment Agreement Regime
Yoram Z. Haftel, Soo Yeon Kim, and Lotem Bassan-Nygate, World Trade Review (August 2021)
Using Investor–State Disputes Settlement to Enforce International Environmental Commitments
Using Investor–State Disputes Settlement to Enforce International Environmental Commitments
Andie Altchiler, Pace Law Review (August 2021)
International Obligations Governing the Activities of Export Credit Agencies in Connection With the Continued Financing of Fossil Fuel-Related Projects and Activities
This legal opinion, commissioned by Oil Change International, lays out the responsibilities of export credit agencies and governments regarding the financing of fossil fuel projects.
The Function of Equity in International Law
Draws on investment arbitration to make a normative argument about the role of equity in international law.
UNCTAD’s SDG Investment Trends Monitor (April 2021)
UNCTAD’s SDG Investment Trends Monitor (April 2021)
We Need to Rethink Investment Treaties to Ensure a Rapid and Just Energy Transition
We Need to Rethink Investment Treaties to Ensure a Rapid and Just Energy Transition
Do Investor-State Dispute Settlement Cases Influence Domestic Environmental Regulation? The Role of Respondent State Bureaucratic Capacity
By Tarald Laudal Berge and Axel Berger, Journal of International Dispute Settlement (March 2021)
Call for Papers: “The Future of Investment Law in Latin America” (Transnational Dispute Management)
Full papers due March 31, 2021
Bangladesh and International Law
A comprehensive analysis of international law from Global South perspectives with specific reference to Bangladesh.
UNCTAD’s Investment Policy Monitor (February 2021)
Available here.
Judging at the Interface. Deference to State Decision-Making Authority in International Adjudication
By Esme Shirlow, Cambridge University Press (February 2021)
African Arbitration Atlas
The Atlas:
Includes African Arbitration Legislation (AAL)
A non-exhaustive Directory of African International Arbitrators (DAIA)
Investment Trends Monitor
UNCTAD (October 2020) Available here
Mainstreaming Gender Equality in Investment Promotion
Investment promotion agencies are increasingly integrating gender concerns into their work.
UNCTAD’s IIA Reform Accelerator – A New Tool to Facilitate Investment Treaty Reform
UNCTAD’s IIA Reform Accelerator – A New Tool to Facilitate Investment Treaty Reform Available here
Twenty-Fourth Report on G20 Investment Measures
UNCTAD/OECD Available here
Investment Treaties and the Legal Imagination. How Foreign Investors Play by Their Own Rules
This book explores the role of private sector actors (business leaders, bankers, and international lawyers) in the development of international investment law. It also takes a new look at influential awards, including those related to conflicts involving local communities.
2020 International Arbitration Survey: Investor–State Dispute Settlement (ISDS)
This survey and resulting report focus on investors’ views of ongoing ISDS reform processes and positions.
What Is Wrong with Investment Arbitration? Evidence From a Set of Behavioural Experiments
This article uses an experimental approach to better understand public criticism of investment arbitration.
Proportionality and Human Rights Protection in International Investment Arbitration: What’s Left Hanging in the Balance?
This article examines the proportionality analysis carried about by arbitral tribunals when the protection of foreign investment comes into conflict with human rights protections.
International Trade, Investment, and the Sustainable Development Goals
This book examines the ways in which international trade and investment regimes can contribute to or complicate the pursuit of the SDGs.
Admissibility of Shareholder Claims Under Investment Treaties
This book examines the admissibility of shareholder claims under investment treaties and proposes specific admissibility criteria.
Symposium Introduction: Centering voices from the global south on investor-state dispute settlement reform: A debate
By James Thuo Gathii and Olabisi D. Akinkugbe (Afronomics Law)
Flexibility and Innovation in International Economic Law: Enhancing rule of law, inclusivity, and resilience in the time of COVID-19
By Katrin Kuhlmann (Afronomics Law)
Hegemony 101 in International Investment Law
Jean Ho (Afronomics Law)
International Investment and Competition Law
This is a special issue of the European Yearbook on International Economic Law.
Indigenous Peoples and International Trade: Building equitable and inclusive international trade and investment agreements
This book examines the participation of Indigenous Peoples in international trade and investment and the development of law in these areas.
Investment Trends Monitor Special Issue (March 2020)
UNCTAD’s Investment Trends Monitor special issue on the impact of the Covid-19 pandemic on global value chains and FDI.
Investment Policy Monitor Special Issue (May 2020)
UNCTAD’s Investment Policy Monitor special issue on the investment policy responses to the Covid-19 pandemic.
International Protection of Investments: The substantive standards
This book outlines the common protection standards contained in international investment agreements and their application and interpretation by investment tribunals.
Adjudicating Trade and Investment Disputes: Convergence or divergence?
This book contributes to the debate on the fragmentation of international law and examines the possible convergence of international trade and investment law, with a focus on dispute settlement.
UNCITRAL Code of Conduct for Adjudicators in Investor–State Dispute Settlement
UNCITRAL Code of Conduct for Adjudicators in Investor–State Dispute Settlement. Draft with annotations.
UNCITRAL Working Group III Webinars
Webinar topics include the establishment of an advisory centre; multilateral instrument on ISDS reform; treaty parties’ involvement and control mechanisms on treaty interpretation; and mediation.
Africa Arbitration Academy Protocol on Virtual Hearings in Africa 2020
The Africa Arbitration Academy has just launched its Protocol on Virtual Hearings in Africa.
China, the EU and International Investment Law: Reforming investor–state dispute settlement
This book analyzes subjects being negotiated in the China–EU Comprehensive Agreement on Investment (CAI). It focuses on the pathway of reforming ISDS from both Chinese and European perspectives.
Global Investment Trend Monitor No. 32
Global FDI flows in the first half of 2019 were 24 per cent higher than in the first half of 2018.
Contributory Fault and Investor Misconduct in Investment Arbitration
Investors must be held to account for their flawed contributions or otherwise wrongful conduct, but opinions vary on whether such circumstances are relevant to admissibility, jurisdiction, liability or remedies.
The Right of States to Regulate in International Investment Law
This book addresses the balance between the host state’s right to regulate and the investor’s right to obtain a FET standard under international investment law.
Investment Arbitration in Central and Eastern Europe: Law and practice
Central and Eastern Europe (CEE) are the respondents of most investment arbitration cases initiated against EU member states.
Master Class on International Investor–State Arbitration: What is it? How does it work?
In the 1h45min video, Jeswald W. Salacuse, Distinguished Professor and Henry J. Braker Professor of Law at the Fletcher School of Law and Diplomacy at Tufts University, provides a comprehensive study of international investor–state arbitration from historical background and procedures to real-world application and in-depth analysis.
Judicial Acts and Investment Treaty Arbitration
This book focuses on distinctive particularities of judicial acts of states, which are becoming increasingly subjected to international investment claims.
Review of ISDS Decisions in 2018: Selected IIA reform issues
This IIA Issues Note reviews publicly available decisions in ISDS cases, with a focus on cases and issues of relevance for treaty drafting and IIA reform.
Mediation in International Commercial and Investment Disputes
The book indicates that the resolution of international commercial and investment disputes has been dominated almost exclusively by international arbitration, but that international mediation and conciliation are now coming to the fore.