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.
TABLE OF CONTENTS
part I|2 pages
The State in International and Investment Law
chapter 2|16 pages
Investment Claims and Annexation of Territory
chapter 3|19 pages
Exception Clauses in International Investment Agreements
chapter 5|35 pages
The Right to Regulate
part II|2 pages
Investment Arbitration and the European Legal Order
chapter 1|15 pages
A Comparative Law Approach as a Technique for Solving Conflicts between EU Law and Investment Arbitration
chapter 2|19 pages
The Energy Charter Treaty and European Union Law
chapter 4|20 pages
Is One Permanent Instance Enough?
part III|2 pages
Practical Issues in Investor State Proceedings