Yearbook on International Investment Law

Today, international investment law consists of a network of multifaceted, multilayered international treaties that, in one way or another, involve virtually every country of the world. The evolution of this network raises a host of issues regarding international investment law and policy, especially in the area of international investment disputes. This Yearbook monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment (FDI). It then discusses regulatory and policy developments regarding FDIs in extractive industries, with an additional focus on the extent of protection afforded by international investment treaties. With contributions by leading experts in the field, this title provides timely, authoritative information on FDI that can be used by a wide audience, including practitioners, academics, researchers, and policy makers. The Yearbook on International Investment Law & Policy 2011-2012 monitors current developments in international investment law and policy, focusing on recent trends and issues in foreign direct investment. It also discusses regulatory and policy developments regarding FDIs in extractive industries, with an additional focus on the extent of protection afforded by international investment treaties. "The Yearbook on International Investment Law & Policy has become an institution in international investment law and policy scholarship. For good reason: it monitors developments in the field and typically comprises an excellent selection of papers from academics, practitioners and policymakers. The fourth and most recent volume is no exception to this rule. The Yearbook is a seminal contribution to the study of the development of international investment law and policy, and should be on every investment lawyer's essential reading list." --Catharine Titi, Universite Pantheon-Assas Paris IIForeword by Brigitte Stern ; Preface by the Editorial Committee ; PART ONE ; 1. FDI trends in 2010-2011 and the challenge of investment policies for outward foreign direct investment ; Persephone Economou and Karl P. Sauvant ; 2. International investment law and arbitration: 2011 in review ; Ian A. Laird, Borzu Sabahi, Frederic G. Sourgens, and Nicholas J. Birch ; 3. Trends in international investment agreements, 2010/2011: The increasing complexity of international investment law ; Stephan W. Schill and Marc Jacob ; PART TWO ; SYMPOSIUM ON REGULATORY AND POLICY DEVELOPMENTS REGARDING FDI IN EXTRACTIVE INDUSTRIES ; Introduction to symposium on regulatory and policy developments regarding FDI in extractive industries ; Erlend Bakken and Andrea K. Bjorklund ; 4. The International Bar Association Model Mine Development Agreement project: A step toward better practice and better development results ; Luke J. Danielson and Mark D. Phillips ; 5. Legal mechanisms for increased transparency in the extractive industries ; Tonje P. Gormley ; 6. Reconfiguring investment contracts to promote sustainable development ; Lorenzo Cotula and Kyla Tienhaara ; 7. Reflections on sovereignty over natural resources and the enforcement of stabilization clauses ; Peter D. Cameron ; 8. Impacts of fiscal reforms on country attractiveness: Learning from the facts ; Lisa E. Sachs, Perrine Toledano, Jacky Mandelbaum, with James Otto ; 9. Arbitration in long-term international petroleum contracts: The <"internationalization>" of the applicable law ; Ivar Alvik ; GENERAL ARTICLES ; 10. The Argentine annulments: The uneasy application of ICSID article 52 in parallel claims ; Leah D. Harhay ; 11. How may tribunals apply the customary necessity rule 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 ; Javier El-Hage ; 12. Leviathan on life-support? Restructuring sovereign debt and international investment protection after Abaclat ; Michael D. Nolan, Frederic G. Sourgens, and Hugh Carlson ; 13. Standards of review and reviewing standards: Public interest regulation in international investment law ; Rahim Moloo and Justin M. Jacinto ; 14. How to impose human rights obligations on corporations under investment treaties? Pragmatic guidelines for the amendment of BITs ; Patrick Dumberry and Gabrielle Dumas-Aubin ; 15. Upholding corrupt investors>' claims against complicit or compliant host states DLWhere angels should not fear to tread ; Kevin Lim ; 16. An economic analysis of the substantive protections provided by investment treaties ; Jonathan Bonnitcha and Emma Aisbett ; 17. Converging divergences: The rise of Chinese outward foreign investment and its implications for international (investment) law ; Valentina S. Vadi ; SPECIAL SECTION ; WINNING MEMORIALS FROM THE 2011 FOREIGN DIRECT INVESTMENT INTERNATIONAL MOOT COMPETITION (FDI MOOT) ; Winning Claimant Memorial: University of Barcelona ; Winning Respondent Memorial: King>'s College London