ABSTRACT

As the proverbial workhorse of international economic law, investment arbitration is heavily relied upon around the globe. It has to cope with the demands of increasingly complex proceedings. At the same time, investment arbitration has come under close public scrutiny in the midst of heated political debate. Both of these factors have led to the field of investment protection being subject to continuous changes. Therefore, it presents an abundance of challenges in its interpretation and application. While these challenges are often deeply rooted in the doctrinal foundations of international law, they similarly surface during live arbitral proceedings.

International Challenges in Investment Arbitration serves not only as a collection of recently debated issues in investment law; it also deals with the underlying fundamental questions at the intersection of investment arbitration and international law. The book is the product of the 1st Bucerius Law Journal Conference on International Investment Law & Arbitration. It combines the current state of knowledge, new perspectives on the topic as well as practical issues and will be of interest to researchers, academics and practitioners in the fields of international investment law, international economic law, regulation and comparative law.

part I|2 pages

The State in International and Investment Law

chapter 2|16 pages

Investment Claims and Annexation of Territory

Where General International Law and Investment Law Collide?

chapter 3|19 pages

Exception Clauses in International Investment Agreements

A Case for Systemic Integration?

chapter 4|16 pages

International Norms

A Defence in Investment Treaty Arbitration?

chapter 5|35 pages

The Right to Regulate

Towards a (Not Entirely) New Regulatory Paradigm under Recent FTA Investment Chapters

part II|2 pages

Investment Arbitration and the European Legal Order

chapter 2|19 pages

The Energy Charter Treaty and European Union Law

Mutually Supportive Instruments for Economic Cooperation or Schizophrenia in the ‘Acquis’?

chapter 4|20 pages

Is One Permanent Instance Enough?

A Comparison between the WTO Appellate Body and the Proposed Investment Court System

part III|2 pages

Practical Issues in Investor State Proceedings