International Investment Law for the 21st Century: Essays in Honour of Christoph Schreuer

International investment law has become increasingly prominent in the international legal order, spurred on by the explosion of Bilateral Investment Treaties between States and a sharp rise in international investment disputes. This rise to prominence has however not always been matched by academic reflection on the content of procedure of international investment law and its role within general international law. This volume seeks to remedy this situation by providing careful analysis of every area of international investment law and its relationship with other legal fields. It is written in honour of one of the leading experts in the field of investment arbitration, Christoph Schreuer. The book explores specific and topical problems of international investment law and practice in a focused way. It also provides a forum for broader theoretical reflections on international investment law and its relation to general international law. The book includes chapters on jurisdictional questions, issues of procedure in investment proceedings, the relationship between investment arbitration and other forms of investment protection, problems of substantive investment law, regional aspects, interfaces between investment law and other areas of law as well as the future of the law of investment protection. Featuring contributions by many of the most prominent scholars and practitioners of investment arbitration, this work should become an indispensable tool for practitioners and academics working in the field.

PART I INTRODUCTION ; 1. Christoph Schreuer: An Appreciation ; 2. A Tribute to Christoph Schreuer ; PART II JURISDICTION ; 3. Most Favoured Nation Clauses and Jurisdictional Clauses in Investment Treaty Arbitration ; 4. MFN Clauses and Dispute Resolution in Investment Treaties: Have We Reached the End of the Road? ; 5. Investments 'in the Territory' of the Host State ; 6. Consent and Due Process in Multiparty Investor-State Arbitrations ; 7. Jurisdiction, Competence and Admissibility of Claims in ICSID Arbitration Proceedings ; 8. Bridging the Contract/Treaty Divide ; 9. Monitoring of Domestic Courts in BIT Arbitrations: A Brief Inventory of Some Issues ; PART III PROCEDURE ; 10. Arbitrator Independence in ICSID Arbitration ; 11. Provisional Measures in Recent ICSID Proceedings: What Parties Request and What Tribunals Order ; 12. Inherent Powers Of National and International Courts: The Practice of the Iran-US Claims Tribunal ; 13. ICSID Annulment Decisions: Three Generations Revisited ; 14. The Scope of ICSID Review: Remarks on Selected Problematic Issues of ICSID Decisions ; 15. On the Denunciation of the ICSID Convention, Consent to ICSID Jurisdiction, and the Limits of the Contract Analogy ; 16. Denouncing ICSID ; 17. State Immunity and the Enforcement of Investor-State Arbitral Awards ; 18. Enforcement of ICSID Awards: Articles 53 and 54 of the ICSID Convention ; PART IV INVESTMENT ARBITRATION AND OTHER FORMS OF INVESTMENT PROTECTION ; 19. The Diplomatic Protection of Foreign Investors: A Tale of Judicial Caution ; 20. Claims of Shareholders in International Investment Law ; 21. Chancellor Wirth and the Mologales Concession 1923-1927: The German-Speaking Origins of the 1965 ICSID Convention ; PART V SUBSTANTIVE INVESTMENT LAW ; 22. Identify or Define? Reflections on the Evolution of the Concept of Investment in ICSID Practice ; 23. Local Remedies and the Standards for the Protection of Foreign Investment ; 24. Premature Treaty Claims ; 25. Do Umbrella Clauses apply to Unilateral Undertakings? ; 26. BIT by BIT: The Silent Liberalization of the Capital Account ; 27. The United States 2004 Model Bilateral Investment Treaty and Denial of Justice in International Law ; PART VI REGIONAL ASPECTS OF INVESTMENT PROTECTION ; 28. The Canadian Approach to Investment Protection: How Far We Have Come? ; 29. Conflict of Norms Stemming from Intra-EU BITs and EU Legal Obligations: Some Remarks on Possible Solutions ; 30. Investment Rules in Regional Integration Agreements in Latin America: The Case of the Andean Pact/ Andean Community ; PART VII INVESTMENT LAW AND OTHER FIELDS ; 31. The 'Provisional Application' of the Energy Charter Treaty ; 32. Changed Circumstances in Investment Law: Interfaces between the Law of Treaties and the Law of State Responsibility with a Special Focus on the Argentine Crisis ; 33. The Economic Emergency Defence in Bilateral Investment Treaties: A Development Perspective ; 34. The European Court of Human Rights and Investment Protection ; 35. Recent Case Law on the Protection of Property in the European Convention on Human Rights ; 36. Harmonizing Investment Protection and International Human Rights: First Steps towards a Methodology ; 37. Joint Tortfeasors in Investment Law ; 38. Interpreting Investment Treaties: Experiences and Examples ; 39. Commercial Arbitration and Investment Arbitration: Fertile Soil for False Friends? ; PART VIII THE FUTURE ; 40. Continuity and Discontinuity in International Dispute Settlement ; 41. Contemporary Law of Foreign Investment: Revisiting the Status of International Law ; 42. Precedent in Investment Treaty Arbitration ; 43. The Saga of CMS: Res Judicata, Precedent, and the Legitimacy of ICSID Arbitration ; 44. Compliance with Investment Treaties: When are States more Likely to Breach or Comply with Investment Treaties? ; 45. Human Rights, Constitutionalism, and 'Public Reason' in Investor-State Arbitration ; 46. The Future of Investment Arbitration