New Volume: Yearbook on International Investment Law & Policy

The latest volume of the Yearbook on International Investment Law & Policy (2019) is out. The table of contents is here.

New Volume: Yearbook on International Investment Law & Policy

The latest volume of the Yearbook on International Investment Law & Policy (2018) is out. The table of contents is here.

New Volume: Yearbook on International Investment Law & Policy

The latest volume of the Yearbook on International Investment Law & Policy (2017) is out. The table of contents is here.

Call for Submissions: Yearbook on International Investment Law and Policy

The Yearbook on International Investment Law and Policy has issued a call for submissions for its 2018 edition. The call is here.

New Volume: Yearbook on International Investment Law & Policy

The latest volume of the Yearbook on International Investment Law & Policy (2015-2016) is out. Contents include:

• Part One
• Ilan Strauss, Explaining Global Trends in FDI in 2015 and Beyond
• Jesse Coleman, Lisa Sachs, Lise Johnson, & Kanika Gupta, International Investment Agreements, 2015-2016: A Review of Trends and New Approaches
• Notable Developments in International Investment Arbitration Case Law: 2015-2016, Kendra Magraw
• Part Two
• Karen Remmer, The Outcomes of Investment Treaty Arbitration: A Reassessment
• Mark Feldman, Multinational Enterprises and Investment Treaties
• Shu XU, Yingying Wu & Henry Hailong Jia, Investment Law's Roots in Customary International Law: Why investment law and trade diverge regarding the Right to Regulate
• Jean-Michel Marcoux, Embedding the International Investment Regime: An assessment of UNCTAD's proposal for reform
• Eve Bain, When Some Are More Equal Than Others: The need for a more substantive conception of 'equality of the parties' in investment arbitration
• Facundo Pérez-Aznar, Federal States and Investment Arbitration
• Giorgio Sacerdoti, Has China Become 'Legally' a Market-Economy Country on 11 December 2016 under The WTO Antidumping Agreement? Analyzing an open question
• Chin Leg Lim, Fragrant Harbour and Oyster Mirror: Beijing's investment treaty policy toward Hong Kong and Macao
• Gus Van Harten & Dayna Nadine Scott, Investment Treaties and the Internal Vetting of Regulatory Proposals: A Case Study from Canada (Part 2)
• Ely Caetano Xavier Junior & José Augusto Fontoura Costa, Expropriation in Brazil's Cooperation and Facilitation Investment Agreements: A failed attempt to think outside the box

Call for Submissions: Yearbook on International Investment Law and Policy

The Yearbook on International Investment Law and Policy has issued a call for submissions for its 2017 edition. The call is here.

New Volume: Yearbook on International Investment Law & Policy

The latest volume of the Yearbook on International Investment Law & Policy (2014-2015) is out. Contents include:

• Part One
• Michael V. Gestrin, Trends in International Investment and the Activities of Multinational Enterprises: 2014-2015
• Lise Johnson, Lisa Sachs, & Jesse Coleman, International Investment Agreements, 2014: A Review of Trends and New Approaches
• Ian A. Laird, George D. Ruttinger, & James J. Saulino, International Investment Law and Arbitration: 2014 in Review
• Part Two
• Yannick Radi, Labour Provisions and Dispute Settlement in International Investment Agreements: An Inquiry into the Politicization of the Settlement of 'Labour Disputes'
• Andrea K. Bjorklund, Can International Investment Law be Restated? Or is Jurisprudence Constante the El Dorado of Investment Treaty Lawyers?
• Part Three: General Articles
• Arwel Davies, Group Comparison Versus Best Treatment in International Economic Law Non-discrimination Analysis
• Lorenzo Cotula, ''Land Grabbing' and International Investment Law: Towards a Global Reconfiguration of Property?
• Robert Ginsburg, Legitimizing Expectations in Arbitration through Political Risk Analysis
• Lucas Bento, From Anarchy to Rational Design: Direction and Perception in International Investment Law
• Dessislav Dobrev, Reforming International Investment Law: Is it Time for a New International Social Contract to Rebalance the Investor-State Regulatory Dichotomy?
• Christian Vidal-Leon, A New Approach to the Law of Foreign Investments: The South African Case
• Mahdev Mohan, Asian Perspectives on Investment Agreements and Arbitration: An Evolving Marcottage
• Cristelle Maurin & Pichamon Yeophantong, China and the Regulation of Outbound Investment: Towards a 'Responsible Investment' Policy Framework
• Rodrigo Polanco, Beyond ICSID Arbitration - The Centre for Settlement of Investment Disputes of UNASUR
• Dominic N. Dagbanja, The Investment Treaty Regime and Development Policy Space in Ghana: Analysis in Constitutionalism and General International Law

Call for Submissions: Yearbook on International Investment Law & Policy

A call for submissions has been issued for the Yearbook on International Investment Law & Policy. Here's the call:

The Columbia Center on Sustainable Investment (CCSI) is pleased to announce a call for papers for Part Two of the Yearbook on International Investment Law and Policy published by Oxford University Press (OUP). The Yearbook monitors current developments in international investment law and policy. Part One focuses on trends in foreign direct investment, international investment agreements, and investment disputes. Part Two looks at central issues in the contemporary discussions on international investment law and policy. The chapters in Part Two may be detailed analyses or short think-pieces. All papers must be original texts and are subject to double-blind peer review.

Original contributions to be considered for publication in the Yearbook are accepted on a rolling basis until January 15, 2017; please send submissions to lsachs1@law.columbia.edu. Please include an abstract; a table of contents is also recommended. More information about the Yearbook may be found here.

New Volume: Yearbook on International Investment Law & Policy

The latest volume of the Yearbook on International Investment Law & Policy (2013-2014) is out. Contents include:

• Part One
• Michael V. Gestrin, Trends in international investment and the activities of multinational enterprises: 2013-2014
• Lise Johnson & Lisa Sachs, International Investment Agreements, 2013: A Review of Trends and New Approaches
• Ian A. Laird, Borzu Sabahi, Frédéric G. Sourgens, Nicholas J. Birch, & Kabir Duggal, International Investment Law and Arbitration: 2013 in Review
• Part Two
• N. Jansen Calamita, Introduction
• N. Jansen Calamita, The Principle of Proportionality and the Problem of Indeterminacy in International Investment Treaties
• Valentina Vadi, Proportionality, Reasonableness and Standards of Review in Investment Treaty Arbitration
• Claudia Annacker, The Role of Investors' Legitimate Expectations in Defense of Investment Treaty Claims
• Part Three: General Articles
• Jürgen Kurtz, Balancing investor protection and regulatory freedom in international investment law: The necessary, complex and vital search for state purpose
• Jure Zrilic, Jurisprudential interaction between ICSID tribunals and the International Court of Justice
• Valentina Vadi, The Migration of Constitutional Ideas: The Strange Case of Proportionality in International Investment Law and Arbitration
• Céline Lévesque, Inconsistency in Investor-State Awards and the Role of State Interpretations: the Example of the Mexican Sweetener Trio of Cases under NAFTA
• Lars Markert & Catharine Titi, States Strike Back - Old and New Ways for Host States to Defend against Investment Arbitrations
• Preeti Bhagnani, Revisiting the Countermeasures Defense in Investor-State Disputes: Approach and Analogies
• Alberto Alvarez-Jimenez, The Political Economy of Crises and the International Law of Necessity after the Great Recession
• Maninder Malli, Minilateral Treaty-Making in International Investment Law
• Jason Yackee, A BIT of Promotion: Bilateral Investment Treaties and Investment Promotion Agencies
• Lindsey Marchessault & Michael Jarvis, The Trend toward Open Contracting: Applicability and Implications for International Investment Agreements
• Martin Delaroche, New Regulations on Foreign Acquisitions of Land in Brazil and Argentina

New Volume: Yearbook on International Investment Law & Policy

The latest volume of the Yearbook on International Investment Law & Policy (2012-2013) is out. Contents include:

• Part One
• Karl P. Sauvant, Persephone Economou, Ksenia Gal, Shawn Lim, & Witold P. Wilinski, Trends in FDI, Home Country Measures and Competitive Neutrality
• Ian A. Laird, Borzu Sabahi, Frédéric G. Sourgens, Nicholas J. Birch, & Kabir Duggal, International Investment Law and Arbitration: 2012 in Review
• Lise Johnson & Lisa Sachs, Trends in International Investment Agreements, 2011-2012: A Review of Trends and New Approaches
• Part Two: Symposium on Sustainable Development and International Investment Law: Bridging the Divide
• Lise Johnson & Rahim Moloo, Symposium on International Investment Law and Sustainable Development
• Rahim Moloo & Jenny J. Chao, International Investment Law and Sustainable Development: Bridging the Unsustainable Divide
• Caroline Henckels, Balancing Investment Protection and Sustainable Development in Investor-State Arbitration: The Role of Deference
• Stephan W. Schill, International Investment Law as International Development Law
• Vid Prislan & Ruben Zandvliet, Labor Provisions in International Investment Agreements: Prospects for Sustainable Development
• Mavluda Sattorova, International Investment Law, Renewable Energy, and National Policy-making: On "Green" Discrimination, Double Regulatory Squeeze, and the Law of Exceptions
• Alessandra Asteriti, Regulatory Expropriation Claims in International Investment Arbitration: A Bridge Too Far?
• Part Three: General Articles
• Patrick Dumberry & Jacob Stone, International Law, Whether You Like It or Not: An Analysis of Arbitral Tribunal Practice Regarding the Applicable Law in Deciding State Contracts Disputes under the ICSID Convention in the Twenty-First Century
• Hernando Diaz-Candia, The Role of Municipal Laws in Investment Arbitration
• Jo En Low, The Status of State-Controlled Entities under International Investment Agreements
• David A. Gantz, The United States and the Trans-Pacific Partnership (TPP)
• Paolo Di Rosa & Dawn Y. Yamane Hewett, The New 2012 U.S. Model BIT: Staying the Course
• Björn Arp, The Regulation of Foreign Directive Investment in Bolivia: Some Current Challenges

New Volume: Yearbook on International Investment Law & Policy

The latest volume of the Yearbook on International Investment Law & Policy (2011-2012) is out. Contents include:

• Part One
• Persephone Economou & Karl P. Sauvant, FDI trends in 2010-2011 and the challenge of investment policies for outward foreign direct investment
• Ian A. Laird, Borzu Sabahi, Frédéric G. Sourgens, & Nicholas J. Birch, International investment law and arbitration: 2011 in review
• Stephan W. Schill & Marc Jacob, Trends in international investment agreements, 2010/2011: The increasing complexity of international investment law
• Part Two: Symposium on Regulatory and Policy Developments Regarding FDI in Extractive Industries
• Erlend Bakken & Andrea K. Bjorklund, Introduction to symposium on regulatory and policy developments regarding FDI in extractive industries
• Luke J. Danielson & Mark D. Phillips, The International Bar Association Model Mine Development Agreement project: A step toward better practice and better development results
• Tonje P. Gormley, Legal mechanisms for increased transparency in the extractive industries
• Lorenzo Cotula & Kyla Tienhaara, Reconfiguring investment contracts to promote sustainable development
• Peter D. Cameron, Reflections on sovereignty over natural resources and the enforcement of stabilization clauses
• Lisa E. Sachs, Perrine Toledano, & Jacky Mandelbaum, with James Otto, Impacts of fiscal reforms on country attractiveness: Learning from the facts
• Ivar Alvik, Arbitration in long-term international petroleum contracts: The "internationalization" of the applicable law
• Part Three: General Articles
• Leah D. Harhay, The Argentine annulments: The uneasy application of ICSID article 52 in parallel claims
• Javier El-Hage, How may tribunals apply the customary necessity rule to the Argentine cases? An analysis of ICSID decisions with respect to the interaction between article XI of the U.S.-Argentina BIT and the customary rule of necessity
• Michael D. Nolan, Frédéric G. Sourgens, & Hugh Carlson, Leviathan on life-support? Restructuring sovereign debt and international investment protection after Abaclat
• Rahim Moloo & Justin M. Jacinto, Standards of review and reviewing standards: Public interest regulation in international investment law
• Patrick Dumberry & Gabrielle Dumas-Aubin, How to impose human rights obligations on corporations under investment treaties? Pragmatic guidelines for the amendment of BITs
• Kevin Lim, Upholding corrupt investors' claims against complicit or compliant host states nullWhere angels should not fear to tread
• Jonathan Bonnitcha & Emma Aisbett, An economic analysis of the substantive protections provided by investment treaties
• Valentina S. Vadi, Converging divergences: The rise of Chinese outward foreign investment and its implications for international (investment) law

Call for Submissions: Sustainable Development and International Investment Law: Bridging the Divide

The Vale Columbia Center on Sustainable International Investment has issued a call for submissions for papers on the topic "Sustainable Development and International Investment Law: Bridging the Divide" for publication in the Yearbook on International Investment Law & Policy. Here's the call:

Sustainable Development and International Investment Law: Bridging the Divide

We have seen a significant increase over the past decade in the number of investment treaties and treaty-based disputes, each contributing to the vast and evolving international investment regime, and each with important implications for sustainable development.

The proliferation of treaties stems from host states wanting to attract foreign investment and all of its potential associated benefits for development (i.e. job creation, broader tax base, improvement in infrastructure, technology and skill transfer etc.); the assumption has been that the investor protections afforded in these treaties will facilitate the flow of investment and the associated benefits. However, the rapid growth in the number of treaty-based claims filed by investors reflects investors’ increased willingness to safeguard their investments from any adverse state conduct. In addition to cases based on states’ wrongful conduct, a wide variety of domestic measures relevant to sustainable development, such as legitimate fiscal and industrial policy, environmental protection, and access to essential services, have also been challenged under the agreements. Such claims by investors, whether successful or not, can cause a state to think twice before adopting legitimate regulations, suggesting that treaties may in fact impede states’ policy space to promote sustainable development domestically. Investment treaties, therefore, can be seen to represent both a tool and a challenge for sustainable development.

The Vale Columbia Center on Sustainable International Investment (VCC) is issuing this call for papers to explore how to “bridge the divide” between achieving necessary protections of foreign investors while promoting the sustainable development of the host state. In this regard, the call for papers aims to foster analysis and ongoing discussion on ways in which sustainable development norms (broadly defined) can and/or do manifest themselves in international investment law. Topics that might be addressed by submissions include:

• An assessment of the investment treaty standards in relation to sustainable development
• The application of international law generally to investment disputes, and its implications for sustainable development
• Different approaches to investment treaty drafting to accommodate and further sustainable development
• Treaty interpretation techniques which encourage integration of norms related to sustainable development (including, but not limited to Article 31(3) of the Vienna Convention on the Law of Treaties)
• Standards of review in investment law
• A comparative analysis of investment law with other legal regimes that face similar issues relating to sustainable development (e.g. trade, human rights)
• The application of stabilization clauses in investment law
• Approaches to determining jurisdiction and admissibility of claims as they relate to the sustainable development
• Legal mechanisms for creating more sustainable partnerships between foreign investors and host states

Submissions are also welcomed on other topics not addressed above, but that otherwise relate to the theme of the call for papers.

Papers submitted will be considered for publication in the Yearbook on International Investment Law & Policy. Those interested in making a submission should submit an abstract no longer than 500 words. Finished papers and drafts are also welcome.

Abstracts should be emailed to Rahim Moloo, Senior Research Fellow, VCC (rahim.moloo@nyu.edu), and Lise Johnson, Lead Investment Law & Policy Researcher, VCC (lisejjohnson@gmail.com) by August 15, 2012. Finished papers will be due by October 31, 2012.

New Volume: Yearbook on International Investment Law & Policy

The latest volume of the Yearbook on International Investment Law & Policy (2010-2011) is out. Contents include:

• Part One
• Persephone Economou & Karl P. Sauvant, Recent trends and issues in foreign direct investment, 2010
• Edward G. Kehoe & Paul B. Maslo, Trends in international investment agreements, 2009/2010. Recent steps in the evolution of bilateral investment treaties and the UNCITRAL Arbitration Rules
• Ian A. Laird, Borzu Sabahi, Frederic G. Sourgens & Nicholas J. Birch, International investment law and arbitration: 2010 in review
• Part Two: Symposium on international investment law and the European Union
• Federico Ortino, Introduction to the Symposium on international investment law and the European Union
• Colin Brown & Maria Alcover-Llubia, The external investment policy of the European Union in the light of the entry into force of the Treaty of Lisbon
• Anna De Luca, New developments on the scope of the EU Common Commercial Policy under the Lisbon Treaty: Investment liberalization vs. investment protection?
• Steffen Hindelang, Member State BITs - There's still (some) life in the old dog yet. Incompatibility of existing Member State BITs with EU law and possible remedies: A position paper
• Angelos Dimopoulos, The development of EU trade and investment policies: Drawing lessons form past experiences

New Volume: Yearbook on International Investment Law & Policy

The latest volume of the Yearbook on International Investment Law & Policy (2009-2010) is out. Contents include:

• Persephone Economou & Karl P. Sauvant, Recent trends and issues in foreign direct investment, 2008/2009
• Peter Muchlinski, Trends in international investment agreements, 2008/2009: Review of the model bilateral investment treaties of Norway, South Africa and the United States
• Ian A. Laird, Borzu Sabahi, Frédéric G. Sourgens & Sobia Haque, International investment law and arbitration: 2008/2009 in review
• Erlend Bakken and Tonje P. Gormley, Using dynamic petroleum contract clauses to manage risk in volatile markets
• Emmanuelle Cabrol, Pren Nreka v. Czech Republic. The notion of investment under bilateral investment treaties: Does investment really mean “every kind of asset”?
• Jarrod Wong & Jason Yackee, The 2006 procedural and transparency-related amendments to the ICSID Arbitration Rules: Model intentions, moderate proposals, and modest returns
• Carolyn B. Lamm, Chiara Giorgetti & Hansel T. Pham, Has the time come for an ICSID code of ethics for counsel?
• Maria Vicien-Milburn & Yulia Andreeva, Testing the procedural limits of the ICSID annulment regime in cases against Argentina
• Lee Caplan, A proposed set of arbitration rules for weaker players in investor-state arbitration
• Armand de Mestral, The Lisbon Treaty and the expansion of EU competence over foreign direct investment and the implications for investor-state arbitration
• Christopher S. Gibson, Latent grounds in investor-state arbitration: Do international investment agreements provide a new means to enforce intellectual property rights?
• Louis T. Wells, Property rights for foreign capital: Sovereign debt and private direct investment in times of crisis
• Anne van Aaken & Jürgen Kurtz, Emergency measures and international investment law: How far can states go?
• Lauge Skovgaard Poulsen, The importance of BITs for foreign direct investment and political risk insurance: Revisiting the evidence
• Jeswald W. Salacuse, Investment treaties through a different lens: A new global regime?
• Muthucumaraswamy Sornarajah, Toward normlessness: The ravage and retreat of neo-liberalism in international investment law

Call for Submissions: Yearbook on International Investment Law and Policy

Submissions are invited for the third edition of the Vale Columbia Center’s Yearbook on International Investment Law and Policy. The Yearbook is an annual publication dedicated to providing a forum for contemporary discussion and analysis of investment law and policy. Information about the Yearbook can be found here. Submissions for the third edition should be sent to ksauva@law.columbia.edu.

New Volume: Yearbook on International Investment Law & Policy

The Yearbook on International Investment Law & Policy, 2008-2009 is out. Contents include:

• Persephone Economou, John H. Dunning, & Karl P. Sauvant, Trends and Issues in International Investment
• Peter Muchlinski, Trends in International Investment Agreements: Balancing Investor Rights and the Right to Regulate. The Issue of National Security
• Ian A. Laird & Borzu Sabahi, Trends in International Investment Disputes: 2007 in Review
• Albert Bressand, Foreign Direct Investment in the Oil and Gas Sector: Recent Trends and Strategic Drivers
• Karl P. Sauvant, Driving and Countervailing Forces: A Rebalancing of National FDI Policies
• Patrick Juillard, The Law of International Investment: Can the Imbalance be Redressed?
• Kenneth J. Vandevelde, A Comparison of the 2004 and 1994 U.S. Model BITs: Rebalancing Investor and Host Country Interests
• Stanimir A. Alexandrov & Joshua M. Robbins, Proximate Causation in International Investment Disputes
• Charles H. Brower, II, Obstacles and Pathways to Consideration of the Public Interest in Investment Treaty Disputes
• José E. Alvarez & Kathryn Khamsi, The Argentine Crisis and Foreign Investors: A Glimpse into the Heart of the Investment Regime
• Andrea K. Bjorklund, Economic Security Defenses in International Investment Law
• Thomas W. Wälde, Improving the Mechanisms for Treaty Negotiation and Investment Disputes: Competition and Choice as the Path to Quality and Legitimacy