The Role of the State in Investor-State Arbitration
Published on 21. November 2014
Book
Hardback
506 pages
978-90-04-28224-7 (ISBN)
Description
Edited by Shaheeza Lalani and Rodrigo Polanco Lazo, The Role of the State in Investor-State Arbitration is a collection of contributions from lawyers, arbitrators and political scientists on the development of the concept of the "State" in a field that currently presents an increasing number of controversial disputes: Investor-State Arbitration.
The book analyzes the limits of the host State as a regulator, studying issues such as attribution and the role of State-Owned Enterprises and sub-State entities; the changing role of the home State in Investor-State disputes, including its direct participation in Investor-State arbitration and State to State dispute settlement; and the overall role that both home and host States can play in the improvement of Investor-State Dispute Settlement.
The book analyzes the limits of the host State as a regulator, studying issues such as attribution and the role of State-Owned Enterprises and sub-State entities; the changing role of the home State in Investor-State disputes, including its direct participation in Investor-State arbitration and State to State dispute settlement; and the overall role that both home and host States can play in the improvement of Investor-State Dispute Settlement.
More details
Series
Language
English
Place of publication
Netherlands
Publishing group
Brill
Target group
Professional and scholarly
Product notice
sewn/stitched
Cloth over boards
Dimensions
Height: 241 mm
Width: 159 mm
Thickness: 32 mm
Weight
897 gr
ISBN-13
978-90-04-28224-7 (9789004282247)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Persons
Shaheeza Lalani, Director of the Doctoral Program (World Trade Institute, University of Bern), Ph.D. (University of Lausanne), MSc. (London School of Economics), LL.B. and B.C.L. (McGill University), Barrister & Solicitor (British Columbia).
Rodrigo Polanco Lazo, PhD. Candidate (World Trade Institute, University of Bern), LL.M. (New York University), Bachelor and Master of Laws (University of Chile), Lawyer and Assistant Professor of International Economic Law (University of Chile).
Rodrigo Polanco Lazo, PhD. Candidate (World Trade Institute, University of Bern), LL.M. (New York University), Bachelor and Master of Laws (University of Chile), Lawyer and Assistant Professor of International Economic Law (University of Chile).
Content
FOREWORD
Shaheeza Lalani
THE ROLE OF THE STATE IN INVESTOR-STATE ARBITRATION: INTRODUCTORY REMARKS
Michael E. Schneider
PART I. STATE POWERS AND INVESTOR-STATE DISPUTE SETTLEMENT
Krista Nadakavukaren Schefer
CHAPTER 1: STATES AND FOREIGN INVESTMENT: A LAW OF THE TREATIES PERSPECTIVE
Tarcisio Gazzini
CHAPTER 2: THE REGULATORY STATE AND THE DUTY OF CONSISTENCY
Danielle Morris
CHAPTER 3: THE TRANSPLANTATION OF LEGITIMATE EXPECTATIONS IN INVESTMENT TREATY ARBITRATION: A CRITIQUE
Teerawat Wongkaew
CHAPTER 4: HOST STATES AS CLAIMANTS: CORRUPTION ALLEGATIONS
Dai Tamada
PART II. STATES AND THE INVESTOR-STATE ARBITRATION REGIME
Stephen Gelb
CHAPTER 5: THE CONCEPT OF THE STATE IN INVESTOR-STATE ARBITRATION: A SOCIAL SCIENCE PERSPECTIVE
Todd Tucker
CHAPTER 6: THE IMPACT OF INVESTMENT TREATY LAW ON HOST STATE BEHAVIOR: SOME DOCTRINAL, EMPIRICAL AND INTERDISCIPLINARY INSIGHTS
Mavluda Sattorova
CHAPTER 7: DOMESTIC DEMANDS AND INTERNATIONAL AGREEMENTS: WHAT CAUSES INVESTOR STATE DISPUTES?
Zoe Williams
CHAPTER 8: EXIT, VOICE, AND LOYALTY IN INVESTMENT TREATY ARBITRATION: A SUMMARY
Anna Katselas
CHAPTER 9: INTER-GOVERNMENTAL CONSIDERATION OF INVESTOR-STATE DISPUTE SETTLEMENT AT THE OECD-HOSTED FREEDOM OF INVESTMENT (FOI) ROUNDTABLE
David Gaukrodger
PART III. THE CHANGING ROLE OF THE STATE IN INVESTOR-STATE DISPUTES
Rodrigo Polanco Lazo
CHAPTER 10: TOWARDS A GREATER ROLE FOR STATE-TO-STATE ARBITRATION IN THE ARCHITECTURE OF INVESTMENT TREATIES?
Michele Potesta
CHAPTER 11: THE ROLE OF THE STATE AFTER AN AWARD IS RENDERED IN INVESTOR-STATE ARBITRATION
Tomonori Mizushima
CHAPTER 12: THE RETURN OF THE HOME STATE AND THE RISE OF 'EMBEDDED' INVESTOR-STATE ARBITRATION
Wolfgang Alschner
CHAPTER 13: ILLEGAL INVESTMENTS AND ACTIONS ATTRIBUTABLE TO A STATE UNDER INTERNATIONAL LAW 226
Sergey Usoskin
PART IV. ATTRIBUTION OF CONDUCT OF NON-STATE ORGAN ENTITIES: AN INTRODUCTION
Georgios Petrochilos
CHAPTER 14: THE EUROPEAN UNION INVESTMENT ARBITRATION REGIME AND LOCAL GOVERNMENTS: THE NEED FOR A SYNCHRONIZATION OF EFFORTS
Cornel Marian
CHAPTER 15: STATE-OWNED ENTERPRISES IN THE CURRENT REGIME OF INVESTOR-STATE ARBITRATION
Ji Li
CHAPTER 16: THE MANY FACES OF STATES IN INTERNATIONAL INVESTMENT LAW: SUPRANATIONAL ORGANIZATIONS, UNRECOGNIZED STATES AND SUB-STATE ENTITIES
Chien-Huei Wu
THE CHANGING ROLE OF THE HOME AND THE HOST STATE IN INVESTOR-STATE ARBITRATION: SOME CONCLUSIONS
Rodrigo Polanco Lazo
Shaheeza Lalani
THE ROLE OF THE STATE IN INVESTOR-STATE ARBITRATION: INTRODUCTORY REMARKS
Michael E. Schneider
PART I. STATE POWERS AND INVESTOR-STATE DISPUTE SETTLEMENT
Krista Nadakavukaren Schefer
CHAPTER 1: STATES AND FOREIGN INVESTMENT: A LAW OF THE TREATIES PERSPECTIVE
Tarcisio Gazzini
CHAPTER 2: THE REGULATORY STATE AND THE DUTY OF CONSISTENCY
Danielle Morris
CHAPTER 3: THE TRANSPLANTATION OF LEGITIMATE EXPECTATIONS IN INVESTMENT TREATY ARBITRATION: A CRITIQUE
Teerawat Wongkaew
CHAPTER 4: HOST STATES AS CLAIMANTS: CORRUPTION ALLEGATIONS
Dai Tamada
PART II. STATES AND THE INVESTOR-STATE ARBITRATION REGIME
Stephen Gelb
CHAPTER 5: THE CONCEPT OF THE STATE IN INVESTOR-STATE ARBITRATION: A SOCIAL SCIENCE PERSPECTIVE
Todd Tucker
CHAPTER 6: THE IMPACT OF INVESTMENT TREATY LAW ON HOST STATE BEHAVIOR: SOME DOCTRINAL, EMPIRICAL AND INTERDISCIPLINARY INSIGHTS
Mavluda Sattorova
CHAPTER 7: DOMESTIC DEMANDS AND INTERNATIONAL AGREEMENTS: WHAT CAUSES INVESTOR STATE DISPUTES?
Zoe Williams
CHAPTER 8: EXIT, VOICE, AND LOYALTY IN INVESTMENT TREATY ARBITRATION: A SUMMARY
Anna Katselas
CHAPTER 9: INTER-GOVERNMENTAL CONSIDERATION OF INVESTOR-STATE DISPUTE SETTLEMENT AT THE OECD-HOSTED FREEDOM OF INVESTMENT (FOI) ROUNDTABLE
David Gaukrodger
PART III. THE CHANGING ROLE OF THE STATE IN INVESTOR-STATE DISPUTES
Rodrigo Polanco Lazo
CHAPTER 10: TOWARDS A GREATER ROLE FOR STATE-TO-STATE ARBITRATION IN THE ARCHITECTURE OF INVESTMENT TREATIES?
Michele Potesta
CHAPTER 11: THE ROLE OF THE STATE AFTER AN AWARD IS RENDERED IN INVESTOR-STATE ARBITRATION
Tomonori Mizushima
CHAPTER 12: THE RETURN OF THE HOME STATE AND THE RISE OF 'EMBEDDED' INVESTOR-STATE ARBITRATION
Wolfgang Alschner
CHAPTER 13: ILLEGAL INVESTMENTS AND ACTIONS ATTRIBUTABLE TO A STATE UNDER INTERNATIONAL LAW 226
Sergey Usoskin
PART IV. ATTRIBUTION OF CONDUCT OF NON-STATE ORGAN ENTITIES: AN INTRODUCTION
Georgios Petrochilos
CHAPTER 14: THE EUROPEAN UNION INVESTMENT ARBITRATION REGIME AND LOCAL GOVERNMENTS: THE NEED FOR A SYNCHRONIZATION OF EFFORTS
Cornel Marian
CHAPTER 15: STATE-OWNED ENTERPRISES IN THE CURRENT REGIME OF INVESTOR-STATE ARBITRATION
Ji Li
CHAPTER 16: THE MANY FACES OF STATES IN INTERNATIONAL INVESTMENT LAW: SUPRANATIONAL ORGANIZATIONS, UNRECOGNIZED STATES AND SUB-STATE ENTITIES
Chien-Huei Wu
THE CHANGING ROLE OF THE HOME AND THE HOST STATE IN INVESTOR-STATE ARBITRATION: SOME CONCLUSIONS
Rodrigo Polanco Lazo